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Introduction The Delhi High Court’s recent decision in Bayer Pharm Aktiengesellschaft v. The Controller General of Patents and Designs [1] reinforced the principle that the legal limits and scope of a patent are defined by its claims and not by the working examples provided in the application. This judgment is significant as it clarifies that […]

Introduction The Indian Patents Act provides mechanisms for challenging patent applications both before and after a patent is granted in the form of pre-grant opposition, post-grant opposition, and revocation procedures. Rich Products Corporation (RPC) vs. Tropilite Foods Pvt. Ltd (TFPL) exemplifies the complexities and procedural nuances of these opposition mechanisms. This blog explores the significance […]

On May 7, 2024, in the matter of Gunjan Sinha v. The Union of India (WPA No. 8691 of 2023), the High Court of Calcutta delivered a detailed verdict that upholds the constitutionality of Section 53 of the Indian Patents Act, 1970 (as amended in 2002) (hereinafter, “the Act”) and reaffirms the integrity of the […]

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: […]