Patent

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 […]
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Clinical Trials and Patentability in India

Introduction India has established itself as a global hub for pharmaceutical research, often referred to as “the pharmacy of the world.” This status was redefined in 2005 when India aligned its intellectual property (IP) regime with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. The Patents (Amendment) Act of 2005 introduced full patent protection […]
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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 […]
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Ensuring Patent Claim Integrity: Options for Correcting Errors in Indian Patent Applications

Background In patent applications, precise and accurate claims are vital, as they define the boundaries of protection the patent will offer. Yet, clerical errors occasionally appear, ranging from minor spelling or grammatical mistakes to misstatements in technical parameters. Correcting these errors is crucial because they can impact a patent’s scope, and sometimes even its enforceability. […]
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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, […]
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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 […]
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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 […]
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