Introduction In a recent judgment dated August 22, 2025, the Madras High Court in Amgen Inc. v. Assistant Controller of Patents 1overturned the Controller’s decision to reject patent Application No. 5857/CHENP/2008 which had been rejected under Sections 3(d), 3(e), 2(1)(ja) (lack of inventive step), and 10(4) of the Patents Act, 1970 for insufficiency of disclosure. […]
Background In 2023, a trademark dispute1 arose between Pernod Ricard India Private Limited, a well-known liquor manufacturer, and Karanveer Singh Chhabra, a competing party. Pernod Ricard is known for its popular whisky brands like BLENDERS PRIDE and IMPERIAL BLUE, and it also markets SEAGRAM’S as its flagship brand. These trademarks are not only registered in […]
Introduction The release of the Guidelines for Examination of Computer Related Inventions (CRIs), 2025, by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) marks a significant shift in the Indian patent landscape. These guidelines are designed to bring greater clarity and legal alignment in examining CRI applications, particularly under Section […]
Introduction Over the past few years, Indian patent practice has seen a steady transformation, shaped by global best practices, demands of various reforms for efficiency, and constructive legislative initiatives such as the Jan Vishwas Act reforms. The publication of the Draft Patents (Amendment) Rules, 2025, strengthen this encouraging trend in patent practice. These draft rules […]
Introduction Sometimes, inventors need to publicly disclose their invention publicly before filing a patent application—whether to present at conferences, seek funding, test the market, or demonstrate innovations to collaborators. Normally, such public disclosure destroys novelty and makes the invention unpatentable. However, the Indian Patents Act, 1970 recognizes that early disclosure may be unavoidable. To address […]
Introduction In a recent development for biologics patents in India, the Delhi High Court has granted interim relief to E.R. Squibb in their infringement suit1 against Zydus Lifesciences. The suit concerns IN 340060, which claims the monoclonal antibody Nivolumab—commercially known as Opdivo®—used in immunotherapy for various cancers. On July 18, 2025, the Court restrained Zydus […]
Kan and Krishme successfully represents patentee in landmark post-grant opposition against Indian pharmaceutical companies: Introduction The Indian Patent Office (IPO) has upheld Indian Patent No. 315447 in favor of Celator Pharmaceuticals Inc., dismissing post-grant oppositions filed by Cipla Ltd. and Mylan Laboratories Ltd. This landmark ruling affirms the strength of Celator’s patent covering its novel […]
Introduction In a recent judgment dated July 4, 2025, the Calcutta High Court in Oramed Ltd. vs The Controller General of Patents 1overturned a patent refusal order for Application No. 3996/KOLNP/2010, which the Indian Patent Office had rejected on the grounds of lack of inventiveness under Section 2(1)(ja) and non-patentability under Section 3(e) of the […]
Introduction In the fast-evolving world of intellectual property, patent applicants often face procedural and substantive hurdles—especially when navigating oppositions and prior art disclosures. In DONG YANG PC, INC. v. Controller of Patents and Designs, the Korean innovator in automated parking systems challenged the rejection of its Indian patent application on two key grounds: (1) that […]
Introduction The Indian Patent Office’s Computer Related Inventions (CRI) Guidelines 2025 have undergone some revisions in its second draft, shaping the way patentability is assessed for innovations in fields like Artificial Intelligence (AI), Blockchain, Quantum Computing, and more. These changes aim to enhance clarity, fairness, and consistency in patent examination while fostering innovation in emerging […]