Patent

India’s Intellectual Property Ecosystem: A Record-Breaking Year Insights From The Annual Report 2024–25 Published By The Patent Office

Insights from the Annual Report 2024–25 published by the Patent Office

Summary: India’s intellectual property ecosystem achieved a record-breaking year in FY 2024-25, with total filings surging nearly 20% across patents, trademarks, designs, GIs, and copyrights. This growth signals rising confidence in domestic innovation and the effectiveness of modernisation initiatives like digitisation and AI integration. For readers, the report highlights India’s evolving IP landscape, offering insights into opportunities, challenges, and the country’s strengthening global position in intellectual property protection.Continue Reading India’s Intellectual Property Ecosystem: A Record-Breaking Year Insights From The Annual Report 2024–25 Published By The Patent Office

The digital age has revolutionized news consumption and public discourse, with online platforms becoming hubs for critiquing current events and sharing diverse perspectives, often by using short excerpts (“clips”) from existing news broadcasts and other copyrighted material. This practice, while fostering a dynamic information ecosystem, lies at the intersection of copyright protection and freedom of expression. A recent dispute between a major news agency and online commentators has brought India’s “fair dealing” doctrine to the forefront, questioning its application in the digital realm. This article examines fair dealing under Indian copyright law, focusing on short clips in news reporting and online commentary, supported by judicial precedents, and offers suggestions for navigating copyright issues.Continue Reading Fair Dealing in the Digital Age: Navigating Copyright for News and Online Content in India

Decoding Patent Infringement: Essential Elements, Equivalents, and Estoppel in Crystal Crop Protection v. Safex Chemicals

The Delhi High Court’s decision in Crystal Crop Protection Limited v. Safex Chemicals India Limited & Ors.[1] offers insights into determining patent infringement, focusing on the essentiality of claimed elements, the application of the Doctrine of Equivalents, and the implications of Prosecution History Estoppel. The judgment highlights the importance of claim construction, and the binding nature of representations made during patent prosecution.Continue Reading Decoding Patent Infringement: Essential Elements, Equivalents, and Estoppel in Crystal Crop Protection v. Safex Chemicals

Weather “CROMPTON PEBBLE” and “PEBBLE” are similar or identical?

Crompton Greaves Consumer Electricals Limited’s (Crompton) appeal has been dismissed, upholding the order that restrains Crompton from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in electric irons under the impugned “PEBBLE” trademark, due to V Guard Industries Limited’s (V Guard) application.Continue Reading Whether “CROMPTON PEBBLE” and “PEBBLE” are similar or identical?

Court settles patentability of man-made and novel non-living substance

An appeal was filed by Genmab A/S (hereinafter “Applicant” or “Appellant”) against an order dated May 30, 2016, which had rejected its’s Indian Patent Application No.4718/CHENP/2007. The application claimed priority from US Application No.60/667,579 dated April 1, 2005. A first examination report was received on February 27, 2013, and various objections were raised in view of certain prior arts and the patent application was considered not patentable under Section 3(j), 3(e), 3(i) and 3(c). The appellant revised its claims while responding to the examination report, leading to a hearing. However, the application was rejected as the application was thought to lack any inventive step, and patent ineligible under Section 3(c)[1].Continue Reading Court settles patentability of man-made and novel non-living substance

Google LLC (hereinafter, “appellant”) submitted its application for a patent titled “Managing Instant Messaging Sessions on Multiple Devices”[i] to the controller of patents and designs on July 13, 2007, claiming priority from a US patent application.[ii] The application discloses the feature for transferring instant messaging sessions concurrently between devices and gives users the choice to mirror / refresh sessions interrupted by idle or away states. It provides flexibility in managing instant messaging sessions and a seamless continuation of conversations.Continue Reading Delhi HC dismisses instant messaging patent appeal

Decoding Patent Searches: A brief on the types and strategies

Introduction

Intellectual Property Rights (IPR) have undergone significant evolution in the recent past, and the increasing number of filings for different types of IP rights across the world show the increasing commitment of countries to foster innovation, creativity, and their desire to sustain it. In today’s rapidly evolving landscape of innovation and technology, securing intellectual property rights through patents has become paramount for businesses and inventors. However, navigating the complex realm of patent law demands a thorough understanding of existing inventions and their legal implications. Continue Reading Decoding Patent Searches: A brief on the types and strategies

Patents Act, 1970 or Competition Act, 2002: SC to decide applicability on actions of patentee

Background

The Supreme Court (“SC”) issued a notice[i] on a special leave petition filed by the Competition Commission of India (“CCI”) on March 1, 2024, against a Division Bench order of the Delhi High Court (“Delhi HC”) passed on July 13, 2023. The impugned order dealt with four appeals and a writ petition filed by Telefonaktiebolaget LM Ericsson (“Ericsson”), CCI, and Monsanto Holdings (P.) Ltd. (“Monsanto”) against previous Delhi HC judgements in Ericsson AB v. CCI (March 30, 2016)[ii], Ericsson AB v. CCI (December 14, 2015)[iii], Monsanto Holdings (P) Ltd. v. CCI (May 20, 2020)[iv], and letters issued by the CCI against Ericsson on July 16, 2015, and August 8, 2015.Continue Reading Patents Act, 1970 or Competition Act, 2002: SC to decide applicability on actions of patentee

Linking Patents to Pills: Unravelling the Patent Linkage Framework for Pharmaceutical Products in India

A patent grants the patentee exclusive rights, title, and interest in an invention. This creates a right in rem – a right to restrict a third party from making, using, offering for sale, selling, or in any manner commercializing the invention (as claimed in the patent)[1] for a period of 20 years[2]. In case of drugs, grant of patent, does not give the patent owner an automatic right to market the product. Such additional right in the form of a marketing approval/ license/ registration is granted by the concerned drug regulatory body acting under the auspices of the relevant legislation that regulates the import/ manufacture/ sale/ marketing of the drug in the relevant jurisdiction. Continue Reading Linking Patents to Pills: Unravelling the Patent Linkage Framework for Pharmaceutical Products in India