Market Insight

22 MAY 2024

The Delhi High Court has highlighted the importance of meaningful FRAND negotiations in its ruling that Indian smartphone brand Lava could not use the doctrine-of-exhaustion defence. Now that Lava has appealed and the court has set up a confidentiality club, the patent community is watching keenly to see how this dispute will play out.

Authors:
Pankaj Soni and Surendra Sharma

17 APRIL 2024

In a prosecution case concerning the patentability of a method of agriculture, the Delhi High Court has clarified the legislation governing claim amendments and established that methods of treatment of plants are distinct from traditional methods of agriculture. The judgment underscores the importance of reasoned orders from the Indian Patent Office.

Authors:
Ranjna Mehta-Dutt and Himani Pandey

20 MARCH 2024

In its rejection of a pre-grant opposition, the Indian Patent Office has highlighted that a clear distinction between the examination and opposition processes is crucial, particularly when it comes to whether opponents can intervene.

Authors:
Ritushka Negi and Anupam Singh

06 MARCH 2024

A Delhi High Court division bench has outlined that patent protection deriving from product-by-process claims will extend to the product itself, provided it is novel and inventive. This judgment provides much-needed clarity on an issue that was sorely lacking elucidation in Indian jurisprudence.

Authors:
Ranjna Mehta-Dutt and Himani Pandey

14 FEBRUARY 2024

After having an appeal dismissed in a single-judge ruling, PepsiCo has finally reclaimed protection for its potato variety, which is used for making Lays crisps. The long-running case is spotlighting issues that can arise when entities take a casual approach to procedural compliance.

Authors:
Ranjna Mehta-Dutt and Himani Pandey

07 FEBRUARY 2024

A Delhi High Court decision has highlighted that the pre-grant process can be abused by parties attempting to derail applications. The division bench has clearly distinguished between the examination and opposition processes, which should streamline the handling of pre-grant oppositions while safeguarding the interests of both sides.

Authors:
Pankaj Soni

13 DECEMBER 2023

In a pharmaceutical prosecution case, the Delhi High Court has issued a decision that provides much-needed clarity on Section 3(d) of the Patents Act. The ruling will serve as a useful guide for prosecuting future life science patent applications.

Authors:
Ankush Verma

29 NOVEMBER 2023

An infringement case between two online storytelling sites has highlighted the difference between ideas and expressions, and their eligibility for copyright protection.

Authors:
Aarti Aggarwal

15 NOVEMBER 2023

While a fresh decision is a positive step forward for GUI protection, it clashes with the Designs Office's stance, which is becoming increasingly outdated. In order to keep up with today’s business reality, the Indian Designs Act is in dire need of a serious overhaul.

Authors:
Samta Mehra and Raashi Jain

08 NOVEMBER 2023

The division bench’s opinion in Syngenta clarifies the language of Section 16(1) of the Patents Act and offers much-needed clarity when it comes to examining and prosecuting divisional applications at the Indian Patent Office.

Authors:
Pankaj Soni and Surendra Sharma

18 OCTOBER 2023

The Indian Patent Office’s refusal of a software patent application has been overturned on appeal by the Delhi High Court as the office relied on an outdated set of guidelines for computer-related inventions in its reasoning.

Authors:
Surendra Sharma

04 OCTOBER 2023

The Delhi High Court has stated that if an opponent misses the opportunity to file evidence in the form of an affidavit along with its opposition notice, it cannot file evidence when filing a rejoinder. The judgment underlines the intricacies related to post-grant opposition requirements and emphasises how critical it is to obey these to the letter.

Authors:
Ranjna Mehta-Dutt and Himani Pandey

06 SEPTEMBER 2023

In a first-of-its-kind judgment, the Delhi High Court has refused to grant an interim injunction against the defendants, stating that their process did not infringe the plaintiff’s patent that had constituted a ‘product-by-process’ claim. The patent community is hoping for a more detailed order after the trial, as this will provide much-needed clarity on the scope of product-by-process claims.

Authors:
Himani Pandey and Shukadev Khuraijam

23 AUGUST 2023

There is a distinct lack of global harmonisation when it comes to the regulation of posthumous personality rights, which are primarily governed by case law across different jurisdictions. Against this backdrop, it is crucial that India considers introducing clear legislation to protect not only personality but also privacy rights as the value and exploitation of celebrity continues to grow.

Authors:
Shrabani Rout

16 AUGUST 2023

With incorrect information newly exposed, PepsiCo warns against a casual approach towards procedural compliance as this can lead to revocation of registration. The plant variety protection case emphasises how crucial it is to pay close attention to all requirements when applying for IP rights.

Authors:
Shukadev Khuraijam and Himani Pandey

09 AUGUST 2023

A cinematographic film comprises many independent creations, all of which qualify for independent protection and fall into several categories. RDB v HARPERCOLLINS highlights that the first owner of copyright must ensure that all rights in work created under a contract for service are specifically and individually assigned.

Authors:
Dhruv Goel

02 AUGUST 2023

The Delhi High Court’s division benches have delivered noteworthy judgments in Nokia v Oppo and in the decision that the CCI lacks jurisdiction to investigate patent-related issues. These rulings are good news for SEP holders and innovators and raise the standards for Indian patent adjudication.

Authors:
Pankaj Soni

19 JULY 2023

In granting a patent for high-tenacity cellulosic regenerated fibre, the Indian Patent Office maintained that the plaintiff failed to provide sufficient evidence of prior publication and that the invention involved an inventive step. This well-reasoned judgment highlights a trend of improvements in India’s patent jurisprudence.

Authors:
Ritushka Negi and Anupam Singh

21 JUNE 2023

While various government initiatives have been successful in growing the number of patent filings in the past two years, sizeable hurdles remain. Utility models could be a game-changing option and to encourage more domestic innovation and R&D.

Authors:
Ritushka Negi and Aditi Manhas

14 JUNE 2023

The number of IP filings at the Indian IP Office is increasing substantially and there has been a sharp surge in IP litigation. Against this backdrop, the creation of the IP Division has already transformed jurisprudence in India and there is no sign of the pace of change slowing down.

Authors:
Bisman Kaur

24 MAY 2023

Pharma companies in India are struggling to enforce compounds that are covered by both genus and subsequent species patents. While the latest case involved a series of injunctions being vacated, the patent community is still unsatisfied by the lack of concrete judgments on this issue.

Authors:
Shukadev Khuraijam and Himani Pandey

10 MAY 2023

In a precedent-setting case, a high court has refused an interim injunction in a case where the defendants’ use of digital player cards allegedly resulted in unfair competition and violation of the personality rights of well-known cricket players.

Authors:
Bisman Kaur

03 MAY 2023

As India’s new online gaming regime shapes up, it appears that the industry will be largely left to self regulate, although the latest amended rules do set out a list of criteria that intermediaries, such as the Play Store and App Store, will have to meet.

Authors:
Cyril Abrol and Bisman Kaur

26 APRIL 2023

As part of its mission to become a trillion-dollar digital economy by 2025, the Indian government has proposed the new Digital India Act, which aims to develop an open, safe and trustworthy digital ecosystem as a means of encouraging local and foreign start-ups to enter the Indian tech space.

Authors:
Bisman Kaur and Shubhankar Das

12 APRIL 2023

In the pending SEP/FRAND proceedings between Vivo and Philips, the court’s focus on relevancy strikes a balance between access to crucial information and protection of information that is not yet relevant to the case.

Authors:
Surendra Sharma and Pankaj Soni

15 MARCH 2023

The Delhi High Court has had to raise natural justice principles with the Patent Office in multiple 2022 cases, a crucial reminder that parties must be provided with fair opportunities and rulings backed with reasonable explanations.

Authors:
Sanhita Chatterjee

01 MARCH 2023

Last year saw many decisions that could well have a lasting impact on the Indian prosecution landscape. The Delhi High Court continued to display its strength as it went head-to-head with the Indian Patent Office in several landmark rulings.

Authors:
Surendra Sharma and Sanhita Chatterjee

22 FEBRUARY 2023

The abolishment of the IPAB in 2021 sparked doubts about whether India’s high courts could handle the heavy case load. However, the Delhi High Court continues to prove its ability to stand strong as it rules on claim amendments and divisional applications.

Authors:
Sanhita Chatterjee and Surendra Sharma

15 FEBRUARY 2023

In a decision involving patent amendment claims in pharmaceutical applications, a high court has held that patent law is intended to foster innovation, research, technology and industrial progress and that the Indian Patent Office’s recent interpretation of Section 59 of the Patents Act directly opposes this view.

Authors:
Pankaj Soni and Ankush Verma

08 FEBRUARY 2023

In a significant precedent, global entertainment giant Universal City Studios has succeeded in securing injunctions again 13 defendants for copyright infringement. The defendants include several cyber-lockers – third-party online services that providing file-storing and sharing services.

Authors:
Dhruv Goel

01 FEBRUARY 2023

The onus of identifying known substances in pharmaceutical patent applications is on the Indian Patent Office, according to a new ruling, which provides fresh clarity for prospective applicants.

Authors:
Ankush Verma and Shukadev Khuraijam

30 NOVEMBER 2022

India is witnessing the development of robust EV charging infrastructure in response to a series of government initiatives designed to support the country’s rapid EV adoption objective.

Authors:
Sanhita Chatterjee and A Chandana

16 NOVEMBER 2022

The lack of specific trade secret legislation and definition of a ‘fixed form’ in India presents challenges to how edible creative work can be protected.

Authors:
Dhruv Goel and Radha Khera

09 NOVEMBER 2022

The Indian government’s constant focus on strengthening the country’s IP ecosystem has brought about major improvements in the way that patents are filed, prosecuted and enforced – but more still needs to be done.

Authors:
Surendra Sharma

02 NOVEMBER 2022

A Delhi court has vacated an interim ex parte injunction and asserted that the use of the same language is unnecessary in prior art for it to defeat novelty or to show a lack of inventive step.

Authors:
Pankaj Soni and Venkatesh Naik

07 SEPTEMBER 2022

A recent judgment from the Delhi High Court emphasises procedural irregularities and denial of principles of natural justice resulting from the controller issuing a non-speaking order in a case involving non-patentable subject matter.

Authors:
Sunali Sharma

31 AUGUST 2022

The Indian government has recently withdrawn the Data Protection Bill as a result of recommended changes made by the Joint Parliamentary Committee. This followed opposition from various stakeholders in relation to numerous provisions of the bill.

Authors:
Cyril Abrol

24 AUGUST 2022

IP filings in EV-related technologies will likely see a rapid increase to keep pace with the expansion of the sector, and will be critical both in reducing carbon emissions and in powering economic growth.

Authors:
Sanhita Chatterjee and Surendra Sharma

20 JULY 2022

India is rapidly emerging as a leading jurisdiction for filing and securing patents on 5G-related technology. Applications in the space have risen steadily in recent years, with further filings anticipated by the end of 2022.

Authors:
Sanhita Chatterjee and V. K. Subhashree

29 JUNE 2022

The court’s ruling means that delays in responding to examination reports may be permitted when it is clear that an applicant does not intend to abandon their patent application and an unfavourable result is due to negligence on the part of the prosecuting agent.

Authors:
Vineet Rohilla and Pankaj Soni