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Introduction For the longest time in the history of the Indian patent system, there has been a lack of clarity on the pre-requisites for filing a divisional application. Whether it be the correct time to file a divisional application, the content of the divisional application, or the conditions under which a divisional application may be […]

Introduction A recent judgment by the Delhi High Court in Vifor International Ltd & Anr. vs Defendants has shed light on the intricate realm of product-by-process patent claims and their implications for patentability and infringement. Presently, as per practice guidelines followed by Indian Patent Office (‘IPO’) in prosecuting patent applications pertaining to ‘product-by-process’ claim, the […]

On August 25, 2023, the Indian Patent Office published the Draft Patents (Amendments) Rules, 2023, asking for feedback from various stakeholders. The Draft Rules propose several changes raising concerns about their potential impact on the Pharmaceutical Sector and public health standards. In this blog, we will closely examine these proposed amendments, focusing on key areas […]

Introduction Genus-Species patent applications offer a valuable approach to patent protection, especially in the pharmaceutical domain. By combining a broad genus patent with specific species patents, inventors can secure comprehensive coverage while allowing for future innovations within the invention’s scope. However, to ensure patentability, these applications must adhere to the requirements outlined by the Indian […]

Understanding the Draft Patents (Amendment) Rules 2023: An Analysis   The Indian Patent framework is poised for another significant transformation, with the Ministry of Commerce and Industry unveiling the draft Patents (Amendment) Rules 2023. In light of the country’s burgeoning industrial landscape, these rules have been initiated by the Department for Promotion of Industry and […]

The recent passing of the Jan Vishwas (Amendment of Provisions) Bill, 2023, has heralded significant changes within the patent landscape in India. With its approval in both Lok Sabha and Rajya Sabha, the spotlight is now on its implications for the Indian patent regime. Let’s delve into the main takeaways. Raising the Stakes on Misrepresentation: […]

In the intricate realm of intellectual property, patent applications stand as sentinels, safeguarding the ramparts of innovation. Yet, there lies an inherent tension within their walls: the recurring debate surrounding the coexistence of method and system claims in a single patent application. While the ethos behind such claims is to ensure holistic protection, many challenge […]

Introduction The intersection of patent rights and competition law is a complex and significant aspect of modern legal jurisprudence. The issue of whether a patentee’s actions can be subjected to inquiry by the Competition Commission of India (CCI) has been a subject of debate in several legal cases. This blog explores four appeals and a […]

In a proactive move to safeguard the interests of investors in the Indian securities market, the Securities and Exchange Board of India (SEBI) has recently introduced a comprehensive Advertising Code for Investment Advisors (IA) and Research Analysts (RA) [1]. Through this circular, dated April 2023, SEBI aims to bolster the existing code of conduct under […]

The Ministry of Electronics and Information Technology (MeitY) has introduced significant amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, marking a notable step forward in regulating online real money games in India. These revisions represent a proactive approach by the government to address concerns related to addiction, financial losses, […]