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October 13, 2022
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Shrinking Space: Are Narrowed Patent Claims Valid Amend...

Much emphasis is placed in patent law on the importance of filing for protection as early as possible in the inventive process, in order to obtain necessary rights and benefits. But these applications are by no means set in stone. There is room to amend patent applications, and in India, amendments can be done both while an application is pending, and after a patent has been granted, subject to appropriate permissions from the Controller. ......
May 11, 2022
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Filing a Patent Application with Biological Material in...

Patent applications for inventions containing biological materials must fully and particularly describe such use of biological materials in the specification. The Indian Patents Act, 1970 (“the Act”) does not define biological materials, but guidance can be found in the European Convention, according to which biological material includes any material that contains genetic information and is capable of reproduction by itself. ......
April 6, 2022
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Under the skin: Patentability of cosmetic compositions ...

Cosmetic compositions and methods, like any other inventions, are expected to meet the three step requirement of patentability in India before being granted protection under law, i.e., the invention must meet the criteria of “Novelty”, “Inventive step” and “Industrial Application”. ......
March 9, 2022
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The cords that bind: Patenting Embryonic Stem Cell Rela...

Stem cells are cells that can differentiate or develop into many different types of cells. This unique characteristic grants them great medical significance as they can unravel many secrets about living organisms, diseases, and mortality, and may even be able to treat them. ......
January 27, 2022
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Putting an Indian Patent Application together: Document...

When filing a patent application in India, several documents and information are required to be submitted before the Indian Patent Office (IPO). To begin with, a provisional or complete specification in either English or Hindi must be filed along with the application. ......
December 16, 2021
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Types of Patent Applications in India

Under Indian patent law, various types of patent applications may be filed at the Indian Patent Office (“IPO”). This note discusses the different types of applications accepted at the IPO, and specific considerations relating to each type. ......
November 12, 2021
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Official Fee for Patent Applications in India

The official fee for a patent application in India is calculated on the basis of the following factors: • the type of applicant, • number of priorities (additional fee for each priority above 1), • the total number of pages (additional fee for each page above 30) and • the number of claims in the application (additional fee for each claim above 10). ... ...
October 19, 2021
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Patent Applicants in India: Special Privileges for Star...

A patent application can be filed either alone or jointly, by any person claiming to be the true and first inventor of the invention, or by the assignee of such person, or the legal representative of a deceased person who immediately before their death was entitled to make such an application. ......
November 27, 2020
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Patent Claim Drafting:“At least” and the conjunctive/di...

The phrase “at least one of” is commonly used in patent claims, but its interpretation is subjective and has led to some controversy. The issue that arises is this: when the phrase in its entirety is “at least one of A, B and C”, should it be understood as at least one of A AND at least one of B AND at least one of C, or should it be understood as at least one of A OR B OR C. ......

When “Ok” Becomes “Not Ok”: A cautionary tale of miscommunication from the Indian Patent O...

An important step during patent prosecution in India is the hearing. As the Indian Patent Office (IPO) tends to issue only a single examination report, hearings before the Controller are common.

Navigating Share Transfer Restrictions in Shareholders’ Agreements

Transfer restrictions in shareholder agreements ("SHA(s)") have come to play a critical role in shaping deal dynamics. With India reporting a steady growth in mergers and acquisitions ("M&A"), questions of control, transfer restrictions, ownership flexibility and exit options have become crucial for investors and companies alike.

The Infringer’s Burden in Process Patent Suits in India

Indian patent law contains a unique provision that shifts the burden of proof onto the accused / infringer in process patent suits. But this applies only if certain conditions are met.

NCLT’s Jurisdiction for Fraud in Oppression and Mismanagement Petitions: The Supreme...

The role of the National Company Law Tribunal ("NCLT") as a specialised forum under company law has often led to questions around the exact scope of its jurisdiction.

Can a Trade Mark be opposed in India before it is Advertised for Opposition?

In India, the law provides for formal opposition to a trademark application only after it is advertised, but can a third party intervene even during the pre-advertisement stage?

Essential Clauses in a Contract – Force Majeure in light of Regulatory Shifts and Co...

In August 2025, Dream11, an Indian fantasy sports platform, terminated its Rs. 358 Crore sponsorship agreement with the Board of Control for Cricket in India ("BCCI").

A New Era in Online Gaming Regulation: Introduction to India’s latest Gaming Act

On 20th August, 2025, the Ministry of Electronics and Information Technology (“MeitY”) announced the Promotion and Regulation of Online Gaming Bill, 2025 (“the Act”), a significant legislative milestone which has since received the President’s assent and become an Act.

Guide to the 13th Nice Classification (2025-26) for Trademarks in India

The updated 13th edition of the Nice Classification reclassifies goods and services to streamline the trademark application and registration process.

A Stitch in Time: Quia Timet and Trademarks in India

Brand owners can use quia timet actions in India proactively to stop trademark infringement before it even happens, but must be careful about how, when and before which forum they seek remedies.

May or Shall: A Curious Case of usage in Arbitration Clauses

In a recent judgment, the Supreme Court ("SC") in BGM and M-RPL-JMCT (JV) v. Eastern Coalfields Limited reiterated that not every inclusion of an arbitration clause in a contract would amount to a valid arbitration agreement...