Patent Article

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

Pre-Grant and Post-Grant Opposition in India

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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Compulsory Licensing under The Patents Act

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

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Patent Infringement in India: Law, Remedies and Litigation Practice

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,

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Patent Protection in India : Between Innovation and Regulation

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

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