Patent Article

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

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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Anton Piller Orders and Mareva Injunctions in Indian Patent Litigation

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Patent litigation is as much a battle of speed and strategy as it is one of legal argument. An infringer who receives advance notice of impending legal action has every incentive and often every means to destroy evidence, conceal infringing goods or dissipate assets before the plaintiff can secure relief. The law, recognising this vulnerability,

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Patent Suit – Jurisdiction, Procedure and the Commercial Courts Act

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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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