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October 17, 2024
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Section 3(d) Strikes Again: Nippon Steel v. Controller General of Patents

Introduction Section 3(d) of the Indian Patent Act (hereinafter, “the Act”) bars the patentability of new uses or new forms of known compounds and compositions unless these changes result in significant therapeutic efficacy. Various judgments have established precedents clarifying non-patentability objections, particularly those under Section 3(d) of the Indian Patent Act. In a recent judgment […]

October 14, 2024
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Introduction to Trademark Registration in India

In today’s competitive business environment, trademarks play a crucial role in establishing brand identity and protecting intellectual property. Trademark registration in India, governed by the Trademark Act of 1999, provides a structured process for securing exclusive rights to use a mark. This article explores the significance of trademark registration, the steps involved, and its benefits […]

October 10, 2024
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Should Celebrities Register their Names and Images as Trademarks in India?

Introduction In recent years, many celebrities have sought to protect their reputation and popularity by registering their birth names and professional names as trademarks worldwide. In India, while ‘celebrity’ isn’t clearly defined in IP law, the Copyright Act uses ‘performer,’ which includes actors, singers, musicians, dancers, and other public entertainers. Historically, trademark offices were hesitant […]

October 8, 2024
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At a Glance: Design Registration in India

Introduction In today’s highly competitive market, the visual appeal of a product can be just as important as its functionality. From the sleek curves of a smartphone to the distinct contour of a bottle, a product’s design plays a pivotal role in shaping its identity and market success. Design registration offers a legal mechanism to […]

October 3, 2024
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Sowing the Seeds of Change: Patent Law, Biotechnology, and the Sakata Case

Introduction In a recent judgment in Sakata Seed Corporation v. Deputy Controller of Patents and Designs [1], the Madras High Court set aside a patent refusal order issued by the Controller of Patents for patent application No. 1221/CHENP/2015. The refusal was based on non-compliance with Section 3(j) of the Indian Patents Act, 1970 (“the Act”). […]

October 1, 2024
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Navigating Patent Prosecution in India: A Comprehensive Guide

Introduction Patent prosecution is a crucial process in intellectual property law, encompassing all the steps involved in securing a patent. The Patents Act, 1970 is the core law that deals with patent applications under India’s filing and regulatory framework. In India, patent prosecution is divided into two main phases: pre-grant prosecution and post-grant prosecution. Each […]

September 20, 2024
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Patent Eligibility of AI-Related Inventions in India

Introduction Since 2013, almost 170,000 AI-related patents have been filed globally, accounting for half of all AI-related patents ever filed1. Unlike other major jurisdictions like Europe, Japan, and the US, India has not issued specific rules for examining inventions related to artificial intelligence. The Computer-Related Inventions Guidelines 2017 (CRI guidelines)2 are used to evaluate these […]

September 18, 2024
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Biosimilars in India: Regulatory, Legal and Industry Landscape

Introduction Biosimilars, a category of biologic medications, are offering new hope for patients by providing cost-effective alternatives to original biologics, which are often expensive and complex. Biosimilars are a type of biologic medication that is safe and effective for treating many illnesses. A biosimilar and its original biologic have the same treatment risks and benefits. […]

September 18, 2024
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Crystallized Control: Unlocking the Secrets to Polymorph Patents

Introduction Polymorphs are compounds that can exist in two or more crystalline structures with the same chemical composition but different molecular arrangements. These variations result in differing physical properties such as solubility, and dissolution rates, making polymorphs especially important in industries like pharmaceuticals, agrochemicals, and pigments. For pharmaceutical companies, securing patents for polymorphs in addition […]

September 5, 2024
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Is AI the Next Inventor?

“The best way to predict the future is to invent it” – Alan Kay Introduction To get a patent over an invention, an inventor must apply for the patent as per the jurisdictional laws. In India, patents are governed by the Indian Patent Act, 1970 (hereinafter referred to as “Act”). Generally, every invention has its […]