Patent

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 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, […]

January 26, 2025
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What to do when Hit with a Patent Infringement Lawsuit?

Introduction A patent is a form of intellectual property which grants the patentee exclusive rights, issued by the government, for a specific duration (typically, 20 years), in return for a complete disclosure of the invention. This exclusivity prohibits others from manufacturing, using, selling, or importing the patented product or using the patented process, without the […]

January 21, 2025
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Patentability of Blockchain Inventions in India

Introduction Blockchain technology, a decentralized and secure ledger, has revolutionized industries like finance, supply chain, and digital assets. Its innovative applications raise important questions about its patentability within India’s legal framework for computer-related inventions (CRIs). This article explores the legal provisions, key judicial precedents, and the evolving stance of the Indian Patent Office on blockchain […]

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 10, 2024
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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 […]