High Court of Judicature at Bombay (Commercial Division) | Decided: 27 February 2026 Commercial Miscellaneous Petition No. 72 of 2025 Bench: Hon’ble Mr. Justice Arif S. Doctor Citation: 2026:BHC-OS:5637 Background AIC246 AG & Co. KG, the petitioner, is a company that filed Patent Application No. 201627001750 on 21 March 2016 for an invention titled “Combinations […]
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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
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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The relationship between sovereign power and private intellectual property rights has been one of the most contested and consequential questions in the design of patent systems since the earliest days of modern patent law. A patent grants its holder a monopoly a right to exclude all others, including the state, from using the patented invention
Government Use of Patents – Section 99 to 103 of the Patents Act, 1970 Read More »
If the specification is the heart of a patent application, the claims are its spine. Every structural decision in the specification how the invention is described, what embodiments are disclosed, which prior art is distinguished ultimately serves the claims, because it is the claims alone that define the legal boundary of the monopoly that the
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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
Section 3(d) and the Evergreening Debate in Indian Pharma Patents Read More »
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
Revocation of Patents under Section 64 – Grounds and Procedure Read More »