Market Insight

Updates from an international team of correspondents who report on recent developments in IP law and practice in their home jurisdictions, as well as strategic issues and those relating to finance, dealmaking and valuation.

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An unwelcome bend in jurisprudence for patent composition claims?

A recent judgment from the Delhi High Court emphasises procedural irregularities and denial of principles of natural justice resulting from the controller issuing a non-speaking order in a case involving non-patentable subject matter.

31 AUGUST 2022

Protection of personal data – the journey starts again

The Indian government has recently withdrawn the Data Protection Bill as a result of recommended changes made by the Joint Parliamentary Committee. This followed opposition from various stakeholders in relation to numerous provisions of the bill.

24 AUGUST 2022

The rise of EV patents in India

IP filings in EV-related technologies will likely see a rapid increase to keep pace with the expansion of the sector, and will be critical both in reducing carbon emissions and in powering economic growth.

20 JULY 2022

Indian 5G patent filings hit unprecedented levels

India is rapidly emerging as a leading jurisdiction for filing and securing patents on 5G-related technology. Applications in the space have risen steadily in recent years, with further filings anticipated by the end of 2022.

29 JUNE 2022

Delhi High Court reaches landmark decision on patent examination report deadlines

The court’s ruling means that delays in responding to examination reports may be permitted when it is clear that an applicant does not intend to abandon their patent application and an unfavourable result is due to negligence on the part of the prosecuting agent.


13 JANUARY 2021

Commercialising a pandemic – how to balance patents and public health emergencies

Indian law could be the key to finding a happy medium between the interests of patent-owning pharmaceutical companies in developed countries and the needs of the public in developing countries.

16 DECEMBER 2020

The Indian IP office’s approach to DNA patenting reveals grey area around gene patents

Intellectual Property India’s decisions on gene patents highlight the need for greater clarity in this area. Although gene modification is an intensely debated issue across the world, the Indian Patents Act should be updated to reflect this area of innovation.

25 NOVEMBER 2020

New medical device regulations may affect patent filings for medical device inventions in India

India boasts a rapidly expanding medical devices sector and is adapting its legislation to accommodate this. However, those looking to file patents for medical devices in this country must be aware of certain aspects of the new regulations.

11 NOVEMBER 2020

Amending and deleting patent claims – the view from India

The Indian Patent Act sets out clear provisions on how to amend patent claims, while the Patent Amendment Rules 2016 allow claims to be deleted under certain circumstances. However, further clarity from the IP office and appellate board are needed to develop a fully uniform practice.

04 NOVEMBER 2020

Social media giants taste success in registering patents in India

Social media giants are expanding their patent portfolios in India, although it has not always been a smooth road to grant.

21 OCTOBER 2020

Unravelling the concept of 3D printing: knowing your rights in India

Proving that a 3D printed product infringes IP rights can be difficult, but Indian legislation can offer essential protection for rights holders – provided that they know where to look.

07 OCTOBER 2020

IP office takes aim at patentability of computer-related inventions in India

Computer-related inventions in India can be protected under the country’s Patent Law, although there are several barriers to doing so. However, the Indian IP Office is doing much to improve the patentability of inventions and bring rules surrounding patent grants into line with international practices.


India steps up efforts to boost tech transfer and innovation

The Indian government is doing a great deal to encourage tech transfer and innovation in India, as these are seen as crucial elements in a country’s success as a global player. New legislation, programmes and expediting patent grant procedures are just some of the current initiatives designed to bolster innovation.


Making space for patents in space

As the Indian Space Research Organisation plans to launch Chandrayaan-3, it has secured a patent for a type of soil similar to that found on the moon’s surface. However, space law and IP rights are proving to be largely incompatible.


Confusion surrounding ‘essentially biological processes’ in India

In the absence of case law, patents for inventions related to natural or artificial living entities, biological materials, substances derived from these materials, and any processes involved in the production of living substances or entities can be difficult to obtain in India. However, Monsanto Technology v Nuziveedu Seeds may help to pave the way for future applicants in this field.


The rise and rise of IoT patents in India

The Internet of Things is big business around the world, particularly in India. While the patent framework around computer-related inventions is rapidly evolving, greater clarity in this area will help to pave the way for a robust IoT regime.


Decoding AI: the way forward in India

The Indian government has set up venture capital funds to support AI start-ups. This is corroborated by the WIPO Technology Trends Report, which places India in eighth place for AI patents in first-to-file regions since 2015

26 AUGUST 2020

Evolution of SEP litigation in India

Despite SEPs being governed by the India Patents Act, Indian courts still have a long way to go when it comes to SEP litigation. As the number of cases increases, it is hoped that jurisprudence will become more specific to this type of patent and related litigation.

22 JULY 2020

Biopiracy in India:  Scientific eruption or traditional disruption?

The Indian government takes a strong stance on protecting its ancient knowledge from being patented by other countries. Experts analyse whether this is positive for the scientific community or if it signals the start of losing age-old traditional knowledge.

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