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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New 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.


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.

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