In-depth analytical articles on Indian patent law including prosecution,enforcement, statutory interpretation and case developments.
The journey of a patent application in India does not end with filing. In many respects, it begins in earnest only when the Indian Patent Office issues what is formally known as the First Examination Report – the FER. For applicants who are new to the Indian patent system, the FER can appear daunting: a […]
Understanding the First Examination Report (FER) and How to Respond Read More »
The grant of a patent is not an automatic entitlement that follows from novelty or inventive step alone. Before any invention can be examined on those standard criteria, it must first clear a foundational threshold: it must constitute a patentable subject matter under Indian law. The Patents Act, 1970 draws this threshold with deliberate precision
Non-Patentable Subject Matter in India: A Complete Guide to Section 3 Read More »
Patent licensing and technology transfer are among the most commercially significant yet legally complex dimensions of intellectual property practice in India. As the country accelerates its transformation into a global innovation hub – with rising domestic patent filings, expanding pharmaceutical and technology sectors and deepening integration into international R&D supply chains – the ability to
Patent Licensing and Technology Transfer in India Read More »
Artificial intelligence and software are transforming every sector of the economy – from drug discovery and autonomous vehicles to financial modeling and legal research. As these technologies generate increasingly sophisticated outputs, the question of whether they can be protected by patents has become one of the most contested and consequential debates in intellectual property law.
Patentability of AI and Software Inventions in India Read More »
Novelty is the first and most fundamental criterion for patentability under Indian patent law. Before any question of inventive step, industrial applicability or statutory exclusion arises, the threshold question is always the same – is the invention new? If it is not, the inquiry ends there. No amount of technical sophistication, commercial significance or inventive
Novelty as a Criterion for Patentability in India Read More »
Pre-grant and post-grant opposition proceedings under the Patents Act, 1970 constitute one of the most distinctive features of the Indian patent system. Unlike several jurisdictions that rely predominantly on post-grant administrative review or judicial revocation, India has preserved a dual opposition framework that enables scrutiny both before and after grant. This structure reflects a deliberate
Compulsory licensing under The Patents Act, 1970 represents one of the most carefully calibrated intersections between private intellectual property rights and the constitutional commitment to public welfare. The Act makes it clear that patents are not granted as absolute monopolies insulated from social accountability. Instead, they are conditional statutory privileges, conferred subject to compliance with
Patent infringement litigation in India is no longer rare or exceptional. Over the last decade, particularly in pharmaceuticals, telecommunications, mechanical engineering and emerging technology sectors, Indian courts have increasingly engaged with complex patent disputes. The Patents Act, 1970 provides the statutory foundation, but the real texture of infringement law emerges in how courts interpret claims,
Patent Infringement in India: Law, Remedies and Litigation Practice Read More »
Patent protection in India is commonly described as a mechanism to reward innovation although that description is incomplete. The Indian patent system is not designed merely to reward inventors. It is structured to regulate innovation. It grants exclusivity only after subjecting an invention to statutory scrutiny, technical examination and public-interest safeguards. The framework governing patent
Patent Protection in India : Between Innovation and Regulation Read More »
