Tag: patents in India
April 23, 2025
Intellectual Property | Patent
Intellectual Property | Patent
It’s not always patently obvious, Calcutta High Court w...
The Calcutta High Court in a recent case clarified important aspects pertaining to inventive step assessment and the admissibility of post-filing data. ......
March 28, 2025
Intellectual Property | Patent
Intellectual Property | Patent
Understanding the Consequences of Negligence in Patent ...
The Controller General of Patents has ordered the removal of a patent agent from its register, following a committee report on his professional misconduct. The report was made following directions from the Delhi High Court in a case where the applicant raised concerns about their agent. ......
May 30, 2024
Intellectual Property | Patent
Intellectual Property | Patent
Appeals against Pre-grant Patent Oppositions and Exhaus...
Patent laws, including in India, usually allow oppositions to be filed against patent applications, either before or after they are granted. Appeals against decisions in opposition matters may also be permitted in some cases. In India, an appeal against a decision of a Controller may be filed in post-grant oppositions, but the law is not as straightforward when it comes to appeals in pre-grant oppositions. ......
March 19, 2024
Intellectual Property | Patent
Intellectual Property | Patent
Patent (Amendment) Rules, 2024: Key Changes
The Ministry of Commerce and Industry has, on March 15, 2024, notified the Patents (Amendment) Rules, 2024 to amend the Patents Rules, 2003 (“Amended Rules”), making significant changes to Indian patent practice and procedure. The Amended Rules have already come into effect from the date of publication, i.e., March 15, 2024. ......
February 2, 2023
Intellectual Property | Patent
Intellectual Property | Patent
The IP Stack for Protecting Software in India: Copyrigh...
A key question that confronts participants in any disruptive and innovative industry is that of intellectual property (IP) protection. Software is no exception. Multiple IP routes, e.g., copyrights, patents, and trade secrets, are available for protecting software, but the appropriate choice is not always automatically evident. ......
August 10, 2022
Intellectual Property | Trademark
Intellectual Property | Trademark
Extraordinary exceptions to deadlines at the Indian Pat...
When hardcoded statutory deadlines are violated, can delays be condoned? This was the central question answered by the Delhi High Court in The European Union Represented by the European Commission vs. Union of India. The court allowed for an extension of a non-extendable statutory deadline in a patent matter because of the exceptional circumstances of the case. ......
The Registration Bill: Catching Up with the Digital World
On May 27, 2025, the Department of Land Resources, Ministry of Rural Development, Government of India, released the draft Registration Bill, 2025 ("Bill"), which seeks to digitize the registration system in India.
Seed wars: Indian Court protects breeders’ registered Maize variety
How safe is your maize? A recent injunction for infringement of a maize variety in India has given a jolt to the agricultural industry, raising questions about what it takes to protect a plant variety.
Confidentiality vs Accountability: The Karnataka High Court’s Decision in The PhoneP...
Who bears the burden of translating foreign prior art? Unpack the debate on navigating global innovation, following a recent decision of the Calcutta High Court.
Lost in translation? India’s stance on non-English patent prior art
Who bears the burden of translating foreign prior art? Unpack the debate on navigating global innovation, following a recent decision of the Calcutta High Court.
Rewriting the Rules of Digital Lending: RBI Digital Lending Directions, 2025
Digital lending in India has revolutionized the borrowing landscape by leveraging digital platforms like mobile apps and websites to offer quick, convenient and paperless loans.
India’s 20-Year Patent Term: Is Section 53 invincible?
The lifespan of your patent just got clearer. Understand what the Calcutta High Court's ruling on Section 53 means for your innovation.
Let numbers talk: Branding numeric trademarks in India
Is your brand ready for the numeric revolution? The “2929” Delhi High Court decision signals a pivotal shift, proving numbers can be powerful, distinctive trademarks in a rapidly evolving digital landscape. ...
Forfeiture of Advance Money: Supreme Court’s Recent Ruling on Specific Performance
In a recent decision, the Supreme Court of India revisited the issue of when and to what extent can advance money be forfeited in a failed property sale transaction. The issue arose when a suit for specific performance was filed by K.R. Suresh ("Plaintiff"), who, unable to complete a property purchase within the agreed timeframe. ...
Loyalty Programmes: To be, or not to be!
The coming into force of the Digital Personal Data Protection Act, 2023 (“DPDP Act”), with its myriad compliances, has had widespread implications for companies – more so, for B2C companies. In this age of digital advantages, B2C companies have been making the most of the benefits of the digital age that are available to them – whether it is by way of marketing to attract new customers or taking steps to retain existing ones. ...
Testing the limits of the public health exception for patents in India
The Calcutta High Court, in a recent decision involving ITC, tested the extent to which the public health exception contained in Section 3(b) of the Patents Act, 1970, can be used to reject an application for a patent. ...
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