Patent Article – PATENEVO

Patent Suit – Jurisdiction, Procedure and the Commercial Courts Act

Intellectual property litigation in India has undergone a transformation of considerable significance over the past decade and nowhere is this transformation more visible than in the conduct of patent suits. The enactment of the Commercial Courts Act, 2015, the establishment of specialised intellectual property divisions in the High Courts, the introduction of case management procedures […]

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Remedies for Patent Infringement – Injunctions, Damages and Accounts of Profits

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The enforcement of a patent right is only as meaningful as the remedies available when that right is infringed. A patent that cannot be effectively enforced whose violation attracts only nominal consequences or whose vindication requires years of inconclusive litigation provides little real protection to the inventor and little genuine deterrence to would-be infringers. Conversely,

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Defences to Patent Infringement – Section 107 and Beyond

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Patent infringement litigation in India, as in every major patent jurisdiction, is rarely a simple contest between an unimpeachable patent and an undeniable act of infringement. The defendant in a patent infringement suit has available to it a range of defences statutory, equitable and procedural that can defeat or substantially limit the plaintiff’s claim even

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Patent Infringement in India: What Constitutes Infringement under Section 48 of the Patents Act, 1970

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A patent, at its core, is a bargain between the inventor and the state. The inventor discloses the invention to the public in full; the state, in return, grants a limited monopoly for twenty years. The value of that monopoly depends entirely on how effectively it can be enforced. An unenforceable patent right is no

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Government Use of Patents – Section 99 to 103 of the Patents Act, 1970

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The relationship between sovereign power and private intellectual property rights has been one of the most contested and consequential questions in the design of patent systems since the earliest days of modern patent law. A patent grants its holder a monopoly a right to exclude all others, including the state, from using the patented invention

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Patent Assignment and Transmission in India – Section 68 and 69

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The commercial value of a patent lies not only in the right to exclude others from using the patented invention but in the capacity to transfer, assign and transmit that right to move it through the marketplace as a fungible asset that can be bought, sold, mortgaged, inherited and incorporated into the complex webs of

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Parallel Imports and Section 107A – The Bolar Exemption and Doctrine of Exhaustion in Indian Patent Law

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Among the most practically significant yet doctrinally complex provisions of the Patents Act, 1970 is Section 107A, inserted into the Act by the Patents (Amendment) Act, 2002. In the two decades since its insertion, Section 107A has become one of the most contested and commercially consequential provisions in Indian pharmaceutical patent law, engaging questions that

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Working of Patents in India – Section 83, Form 27 and Consequences

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Few obligations in Indian patent law are as frequently misunderstood, as consistently neglected and as consequential in their implications as the requirement to work a patent in India. The Patents Act, 1970 does not treat the grant of a patent as the end of the patentee’s obligations to the public it treats it as the

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The PCT System and India: International Filing, National Phase Entry and Prosecution Practice

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India’s accession to the Patent Cooperation Treaty on December 7, 1998, fundamentally transformed the landscape for both inbound and outbound patent filings. For Indian applicants seeking protection across multiple jurisdictions, the PCT provides a single-window mechanism of unmatched procedural efficiency. For foreign applicants targeting the Indian marketone of the world’s most consequential pharmaceutical, technology and

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Claim Drafting for Indian Patents – Types, Scope and Strategy

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If the specification is the heart of a patent application, the claims are its spine. Every structural decision in the specification how the invention is described, what embodiments are disclosed, which prior art is distinguished ultimately serves the claims, because it is the claims alone that define the legal boundary of the monopoly that the

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