Patent Article

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

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Specification Writing in Indian Patent Practice – Complete and Provisional

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The specification is the heart of a patent application. Every other element of the application the claims, the abstract, the drawings derives its meaning and its legal validity from the specification and the quality of the specification determines, more than any other single factor, both the prospect of grant and the value of the patent […]

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Section 3(d) and the Evergreening Debate in Indian Pharma Patents

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Few provisions in the entire canon of global intellectual property law have attracted as much sustained attention, controversy and scholarly debate as Section 3(d) of the Patents Act, 1970. In the two decades since India inserted this provision into its patent statute as part of the 2005 amendment that brought the country into compliance with

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Industrial Applicability as a Patentability Criterion under the Patents Act, 1970

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Among the three foundational criteria that a patent applicant must satisfy to obtain a grant  novelty, inventive step and industrial applicability industrial applicability is perhaps the least litigated and the least theoretically contested, yet it performs an indispensable function in defining the outer boundary of the patent system’s reach. It is the criterion that ensures

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Revocation of Patents under Section 64 – Grounds and Procedure

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A patent, once granted, is not inviolable. The Patents Act, 1970 recognizes that the grant of a patent is an administrative act performed on the basis of an examination that, however thorough, may not always capture every deficiency in an application whether a failure of novelty, an insufficient disclosure, a statutory exclusion that was not

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Non-Patentable Subject Matter in India: A Complete Guide to Section 3

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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

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Patent Licensing and Technology Transfer in India

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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

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Patentability of AI and Software Inventions in India

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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.

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Novelty as a Criterion for Patentability in India

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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

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Pre-Grant and Post-Grant Opposition in India

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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

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