Patent Article

In-depth analytical articles on Indian patent law including prosecution,enforcement, statutory interpretation and case developments.

Patent Valuation and Due Diligence in M&A Transactions

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Mergers and acquisitions have always been exercises in identifying, pricing and managing risk. For much of corporate history, that risk was understood primarily in financial, operational and regulatory terms balance sheet liabilities, workforce integration, antitrust clearance and market concentration. In the contemporary deal landscape and most acutely in India’s rapidly maturing M&A market, this understanding

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Climate Technology Patents and Compulsory Licensing – The Emerging Debate

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The relationship between intellectual property protection and the global response to the climate crisis has emerged as one of the most consequential and contested debates in contemporary international law. At its centre lies a fundamental tension: the patent system, which incentivises innovation by granting inventors temporary exclusivity over their inventions, simultaneously creates barriers to the

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Employee Inventions and Ownership of Patents in India

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The question of who owns a patent when the invention is made by an employee is one of the most practically significant and frequently misunderstood issues in Indian intellectual property law. As India’s research and development ecosystem expands spanning pharmaceutical companies, technology firms, government laboratories, academic institutions and the Indian operations of multinational corporations the

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National IPR Policy 2016 India: Objectives, Reforms & Impact

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India’s adoption of a comprehensive National Intellectual Property Rights Policy on 12 May 2016 marked an inflection point in the country’s engagement with the knowledge economy. For the first time, the government brought all forms of intellectual property – patents, trademarks, copyrights, geographical indications, industrial designs, semiconductor integrated circuit layout designs, trade secrets and plant

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Divisional Patent Application in India: Section 16 Explained

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Divisional Patent Application in India Section 16, Unity of Invention and the Post- Boehringer and Syngenta Legal Landscape Among the more technically demanding areas of Indian patent prosecution, divisional applications occupy a position of outsized practical importance. The ability to divide a patent application to carve out one or more inventions embedded in a parent

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Anti-Suit Injunctions in Indian SEP Litigation: The Xiaomi Doctrine

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Anti-Suit and Anti-Anti-Suit Injunctions in Indian SEP Litigation – CrossBorder FRAND Disputes and the Delhi High Court’s New Jurisprudence Standard essential patent litigation has always been an inherently global affair. A single smartphone implementing 4G or 5G cellular standards may infringe hundreds of patents held across dozens of jurisdictions and the manufacturer’s negotiations with a

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Biosimilar Patents in India – Patentability, Exclusivity and the Patent-Regulatory Interface

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Biologics occupy a peculiar and increasingly central place in modern medicine   large, complex molecules manufactured through living cell systems rather than chemical synthesis, used to treat cancer, autoimmune disease and a growing list of conditions for which no small-molecule alternative exists. As the patents covering the first generation of blockbuster biologics   Herceptin, Avastin, Rituxan, Humira

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Standard Essential Patents and FRAND Licensing in India : Law, Litigation and the Road Ahead

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The story of Standard Essential Patents in India is, at its core, a story about two competing ideas: the right of an inventor to profit from a technology that the entire world has come to depend on and the right of every device manufacturer, service provider and ultimately every consumer to access that technology on

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Border Measures and Customs Recordal for Patents in India

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India’s integration into global trade and manufacturing supply chains has brought with it a sharp increase in the cross-border movement of goods including goods that infringe intellectual property rights. While the narrative around IP enforcement at the border has historically centred on trademarks and copyrights, the enforcement of patent rights at Indian ports of entry

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