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April 16, 2025
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Sufficiency of Disclosure – A Statutory Requirement not to be Weighed Less

Introduction Sufficiency of disclosure is a core requirement in patent law, ensuring that an invention is described in a manner that allows a person skilled in the art to perform it. In return for the limited monopoly granted by a patent, the inventor must disclose the invention clearly, enabling public use once the patent expires. […]

April 8, 2025
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Interpretation of Method Claim under Section 3(m) by Madras High Court – Robert Bosch Limited v. The Deputy Controller of Patents and Designs

Introduction The Indian Patents Act, 1970 states the inventions that are not eligible to be patented in India under Section 3. Section 3(m) states, a “mere scheme or rule or method of performing mental act or method of playing game [is not an invention].” Recently, in Robert Bosch Limited v. Deputy Controller of Patents and […]

March 6, 2025
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Trade Secret Protection in India: A Comprehensive Overview

Introduction Trade secrets are crucial to modern business strategy, particularly in sectors driven by innovation, technology, or unique practices. Unlike patents, which require formal registration and public disclosure, trade secrets are protected through confidentiality and non-disclosure agreements (NDAs). In India, the growing importance of trade secret protection is driven by intensifying local and global competition. […]

March 5, 2025
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13 Years in the Making: The Philips Judgment and its Impact on SEP Litigation in India

Introduction The Delhi High Court (DHC)’s recent decision in Koninklijke Philips Electronics N.V. vs. Maj (Retd) Sukesh Behl & Anr. [1] 1is another firm reinforcement of India’s growing reputation as a key jurisdiction for Standard Essential Patent (SEP) enforcement. While India has consistently handled SEP litigation with legal sophistication and commercial pragmatism, this ruling reinforces […]

February 12, 2025
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Guidelines for Processing Patent Applications of AYUSH Systems and Related Inventions

The Government of India, through the Ministry of AYUSH, actively promotes the traditional and indigenous systems of medicine, including Ayurveda, Yoga & Naturopathy, Unani, Siddha, Sowa-Rigpa, and Homoeopathy (AYUSH). Given the rich traditional knowledge (TK) embedded within these systems, it is crucial to strike a balance between protecting traditional knowledge and fostering innovation. To address […]

February 11, 2025
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Impact of Patent Expiry and Legal Actions on Revocation: A Case Study

Introduction Patents grant exclusive rights to inventors for a specific period, but this exclusive right can be contested if a party believes that the patent was erroneously granted. The Indian Patents Act of 1970 (“Act”) provides the mechanisms for challenging the validity of patents through revocation petitions. One of the primary concerns is whether certain […]

January 31, 2025
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Marking Registered Designs: A Legal Necessity or Mere Formality?

Design marking is a method used by proprietors to indicate that their article is protected by design rights. It involves “marking” an article to inform the public that the article in question is the subject of a registered design. In this regard, Indian courts have also occasionally examined whether design marking is essential or not, […]

December 26, 2024
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Medical Use Claims in India, US, and EP

Introduction Medical use claims constitute an important aspect of the pharmaceutical industry. Such claims comprise the use of known substances for the treatment of diseases or any other medical procedure. These types of claims may comprise the ‘first use’ or ‘subsequent use’ of the existing product or process. However, the Indian Patent Act does not […]

December 2, 2024
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Trans-Border Reputation of Trademarks

Introduction In today’s globalized economy, a trademark can transcend borders, influencing consumer choices worldwide. Yet, when it comes to legal protection, does a trademark’s global reputation hold weight in a specific jurisdiction? Indian courts have grappled with this question in landmark cases over the years. A trademark is any word, name, symbol, or design that […]

November 6, 2024
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Intellectual Property Essentials for Indian Startups

Introduction India has swiftly emerged as one of the world’s top startup ecosystems, driven by government policies, a large and youthful population, and increasing digital penetration. According to the Economic Survey, the country now ranks as the third-largest startup ecosystem globally, behind the United States and China. Notably, Indian startups are recognized for their innovation, […]