In a recent decision, the Delhi High Court revisited the issue of divisional patent applications rejected under Section 3(k) of the Indian Patent Act, which excludes “computer programs per se” from patentability. The case, AB Initio v. Assistant Controller, reaffirms the court’s evolving interpretation of Section 3(k) and its implications for computer-related inventions. The court,...Read More

In recent years, a prominent strategy among industry leaders has been the formation of collaborative agreements to defy market trends and achieve mutual success. Companies within the sector are increasingly engaging in joint ventures, aiming to broaden their target consumer bases and extend their reach across different jurisdictional markets. Collaborative Agreements Structuring the collaborative agreements...Read More

Design registration is a crucial aspect of intellectual property law, ensuring that unique and original creations are protected from unauthorized use. A design is eligible for registration only if it is new or original. This article delves into the nuances of novelty and originality, critical components in the registration process, as outlined in the relevant...Read More

The World Intellectual Property Organization (WIPO) recently concluded a landmark diplomatic conference, resulting in the adoption of a new international treaty aimed at enhancing the protection of genetic resources (GR), traditional knowledge (TK), and associated intellectual property rights. This significant event marked a culmination of over a decade of negotiations and discussions among WIPO member...Read More

Over 100,000 patents granted: The Indian patent office has reported a significant increase in patent grants over the past year, reflecting the government’s efforts to enhance the country’s intellectual property rights (IPR) landscape. According to an official statement released recently, more than 100,000 patents were granted in the last year, indicating a strengthened IPR ecosystem....Read More

In a recent landmark ruling, the Madras High Court (MHC) delivered a verdict with potentially significant ramifications for patent jurisprudence, particularly concerning Section 3(k) of the Patent Act, which deals with the exclusion of business methods from patentability. The case of Priya Randolph v. Deputy Controller has sparked debates and comparisons with a previous decision,...Read More

Inventive Step:   In the dynamic intersection of technology and law, a recent legal battle between Microsoft Technology Licensing, LLC, and the Assistant Controller of Patents and Designs has unveiled the complexities surrounding Section 3(k) of the Patent Act, 1970. The case, C.A.(COMM.IPD-PAT) 29/2022, brought forth by Microsoft before the Delhi High Court, sheds light...Read More

Inventive Step:   Section 2(1)(ja) of the Indian Patent Act defines “inventive step‟ as:   (ja) “inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.  ...Read More

Vifor (International) Limited Vs Dr Reddys Laboratories Limited and others (July, 2023) involves multiple cases filed by Vifor (International) Limited against various defendants including Dr. Reddys Lab., wherein the Delhi High Court reviewed alleged infringement (and validity) of Vifor’s patent titled “Water Soluble Iron Carbohydrate Complex and a Process for Producing Water Soluble Iron Carbohydrate Complex'” (referred to...Read More

In a pathbreaking judgement in Telephonaktiebolaget LM Erricsson Vs Competition Commission of India (CCI) & Othrs (July 2023), the Division Bench of the Delhi High Court has ruled that in matters concerning the exercise of rights by a patent holder under the Patents Act of 1970, the Patents Act takes precedence over the Competition Act of 2002. The...Read More