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15 MARCH 2023
Indian Patent Office and Delhi High Court at odds over lack of sufficient reasoning in landscape-shaping decisions
The Delhi High Court has had to raise natural justice principles with the Patent Office in multiple 2022 cases, a crucial reminder that parties must be provided with fair opportunities and rulings backed with reasonable explanations.
Authors:
Sanhita Chatterjee
01 MARCH 2023
Natural justice redefined and reinforced in key 2022 decisions against the Patent Office
Last year saw many decisions that could well have a lasting impact on the Indian prosecution landscape. The Delhi High Court continued to display its strength as it went head-to-head with the Indian Patent Office in several landmark rulings.
Authors:
Surendra Sharma and
Sanhita Chatterjee
22 FEBRUARY 2023
Critical 2022 high court decisions shaping the Indian prosecution landscape
The abolishment of the IPAB in 2021 sparked doubts about whether India’s high courts could handle the heavy case load. However, the Delhi High Court continues to prove its ability to stand strong as it rules on claim amendments and divisional applications.
Authors:
Sanhita Chatterjee and
Surendra Sharma
15 FEBRUARY 2023
Delhi High Court challenges Indian Patent Office’s refusal order in landmark pharma ruling
In a decision involving patent amendment claims in pharmaceutical applications, a high court has held that patent law is intended to foster innovation, research, technology and industrial progress and that the Indian Patent Office’s recent interpretation of Section 59 of the Patents Act directly opposes this view.
Authors:
Pankaj Soni and
Ankush Verma
08 FEBRUARY 2023
Delhi High Court tackles online piracy in landmark cyber-locker case
In a significant precedent, global entertainment giant Universal City Studios has succeeded in securing injunctions again 13 defendants for copyright infringement. The defendants include several cyber-lockers – third-party online services that providing file-storing and sharing services.
Authors:
Dhruv Goel
01 FEBRUARY 2023
Delhi High Court holds that known substances must be clearly identified
The onus of identifying known substances in pharmaceutical patent applications is on the Indian Patent Office, according to a new ruling, which provides fresh clarity for prospective applicants.
Authors:
Ankush Verma and
Shukadev Khuraijam
30 NOVEMBER 2022
Filing trends reveal how India is keeping pace with the EV revolution
India is witnessing the development of robust EV charging infrastructure in response to a series of government initiatives designed to support the country’s rapid EV adoption objective.
Authors:
Sanhita Chatterjee and
A Chandana
16 NOVEMBER 2022
Food for thought: complexities behind protecting food-related intellectual property in India
The lack of specific trade secret legislation and definition of a ‘fixed form’ in India presents challenges to how edible creative work can be protected.
Authors:
Dhruv Goel and
Radha Khera
09 NOVEMBER 2022
Government initiatives spark Indian Patent Office overhaul
The Indian government’s constant focus on strengthening the country’s IP ecosystem has brought about major improvements in the way that patents are filed, prosecuted and enforced – but more still needs to be done.
Authors:
Surendra Sharma
02 NOVEMBER 2022
Court overturns interim injunction in telecom patent prior art dispute
A Delhi court has vacated an interim ex parte injunction and asserted that the use of the same language is unnecessary in prior art for it to defeat novelty or to show a lack of inventive step.
Authors:
Pankaj Soni and
Venkatesh Naik
07 SEPTEMBER 2022
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.
Authors:
Sunali Sharma
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.
Authors:
Cyril Abrol
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.
Authors:
Sanhita Chatterjee and
Surendra Sharma
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.
Authors:
Sanhita Chatterjee and
V. K. Subhashree
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.
Authors:
Vineet Rohilla and
Pankaj Soni
