Patent law

Nocil Ltd. v. Finorchem Ltd. and Anr.

High Court at Calcutta, Intellectual Property Rights Division, Original Side (Single Judge) | Date of Decision: 7 October, 2026 Case Number: IA No. GA-COM/1/2024 in IP-COM/25/2024 Bench: Hon’ble Justice Ravi Krishan Kapur BACKGROUND The petitioner, Nocil Ltd., one of the largest manufacturers of rubber chemicals in India, filed the underlying suit for patent infringement and

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Hearing Before the Patent Controller in India: Procedure, Natural Justice and Legal Principles

A hearing before the Controller of Patents is the point at which an Indian patent application is actually decided. The examination report, the applicant’s reply and the exchange of correspondence all lead to it, and in the great majority of contested applications the refusal or grant that follows is the only order on the merits

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Publication of Patent Applications in India: Section 11A, Early Publication and Confidentiality

Publication is the moment at which an Indian patent application stops being a private communication between an applicant and the Patent Office and becomes a public document. From that date the invention is part of the prior art against the world, the applicant acquires statutory privileges that stop short of a right to sue and

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AI-Assisted Patent Examination in India: 2026 Guidelines and Their Impact on Patent Practice

The publication of the Guidelines for the Use of Artificial Intelligence in Patent Examination Procedures by the Office of the Controller General of Patents, Designs and Trade Marks on 7 August 2026 marks the first occasion on which the Indian Patent Office has formally acknowledged and attempted to govern, a practice that had already been

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Array BioPharma Inc. v. Deputy Controller of Patents and Designs

High Court of Delhi at New Delhi, Single Judge | Date of Decision: 23.07.2026 (Reserved on: 18.05.2026) Case Number: C.A.(COMM.IPD-PAT) 37/2023 Bench: Hon’ble Mr. Justice Tushar Rao Gedela BACKGROUND The Appellant, Array BioPharma Inc., filed Indian Patent Application No. 450/DELNP/2015 titled “PHARMACEUTICAL COMBINATION COMPRISING A B RAF INHIBITOR AN EGFR INHIBITOR AND OPTIONALLY A PI3K

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Patent Valuation and Due Diligence in M&A Transactions

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

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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Biotyx Medical Shenzhen Co. Ltd. v. Assistant Controller of Patents and Designs

High Court of Delhi at New Delhi | Decided: 19 May 2026 C.A.(COMM.IPD-PAT) No. 47 of 2024 Bench: Hon’ble Ms. Justice Jyoti Singh Background Biotyx Medical Shenzhen Co., Ltd., the appellant, is a Chinese company providing minimally invasive medical devices for cardiovascular diseases and disorders. The appellant filed Indian Patent Application No. 201917030431 on 27

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Employee Inventions and Ownership of Patents in India

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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Pioneer Hi-Bred International Inc. v. The Controller of Patents

High Court of Delhi | Decided: 22 July 2026, C.A.(COMM.IPD-PAT) No. 35 of 2024, Bench: Hon’ble Ms. Justice Jyoti Singh Background Pioneer Hi-Bred International Inc., the appellant, filed Indian Patent Application No. 201617008869 on 14 March 2016 in respect of an invention titled “INSECTICIDAL PROTEINS AND METHODS FOR THEIR USE.” The invention related to novel

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