Patent law – PATENEVO

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

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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Low Heat Driers Pvt. Ltd. v. Biju George

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O.S. No. 3 of 1999, decided on 17 May 2010 (Kerala High Court) Background Low Heat Driers Pvt. Ltd., a company incorporated in 1987 and engaged in manufacturing drying equipment for agricultural produce, claimed to have developed a novel device for smoke drying of agricultural products, particularly ribbed rubber sheets. The invention was attributed to

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Dr. Aloys Wobben & Another v. Yogesh Mehra & Others

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Supreme Court of India | Civil Appeal No. 6718 of 2013 | Decided: 2 June 2014 Bench: Justice Jagdish Singh Khehar & Justice A.K. Patnaik Citation: AIR 2014 SC 2210 | (2014) 15 SCC 360 Background Dr. Aloys Wobben, a German scientist-engineer and one of the world’s largest manufacturers of wind turbines, held approximately 2,700

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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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Bayer Corporation v. Union of India & Ors.

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Bayer Corporation v. Union of India through the Secretary, Writ Petition No. 1323 of 2013 (Bombay HC, 15 July 2014); AIR 2014 Bombay Background The petitioner, Bayer Corporation, is a corporation incorporated under the laws of the State of Indiana, United States of America. As a result of its research and development activities, the petitioner

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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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M/s UCB Farchim SA v. M/s Cipla Ltd. & Ors

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M/s UCB Farchim SA v. M/s Cipla Ltd. & Ors., W.P.(C) No. 332 of 2010 (along with connected matters), Delhi High Court, decided on 8 February 2010 Background Writ petitions before the Delhi High Court raised an important procedural question under Indian patent law: whether a writ petition under Article 226 of the Constitution is

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Novartis AG & Anr. v. Cipla Ltd.

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High Court of Delhi at New Delhi | Decided: 22 September 2015 CS (OS) No. 3812 of 2014 & I.A. No. 24580 of 2014 Bench: Hon’ble Mr. Justice Manmohan Singh Citation: 2015 SCC OnLine Del 13243 | (2015) 65 PTC 285 (Del) Background Novartis AG, a Swiss multinational pharmaceutical corporation, and its affiliate were the

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Patent Infringement in India: Law, Remedies and Litigation Practice

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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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Novartis AG v. Union of India & Others

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Court: Supreme Court of India | Date of Decision: 1 April 2013 Case Numbers: Civil Appeal Nos. 2706–2716 of 2013 (arising out of SLP(C) Nos. 20539–20549 of 2009); Civil Appeal No. 2728 of 2013 (arising out of SLP(C) No. 32706 of 2009); Civil Appeal Nos. 2717–2727 of 2013 (arising out of SLP(C) Nos. 12984–12994 of

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