India’s Untapped IP Potential India has made remarkable technological advancements in recent years, yet it continues to face challenges in creating and owning original intellectual property (IP). Despite a thriving IT industry and a burgeoning startup ecosystem, the country’s contribution to global patent filings remains modest. In 2023, India filed approximately 90,309 patents, reflecting a...Read More

The concept of “auxiliary claims” has recently surfaced in Indian patent jurisprudence, particularly in the context of decisions by the Delhi High Court. Despite its increasing usage, the term remains undefined within the Indian Patents Act, 1970, or the Patent Rules, 2003. This article critically examines the emergence of auxiliary claims in Indian patent litigation,...Read More

Introduction The Delhi High Court’s decision in Ericsson v. Lava delivered by Justice Amit Bansal, stands as a seminal moment in the interplay between intellectual property rights, particularly Standard Essential Patents (SEPs), and the principles of fair, reasonable, and non-discriminatory (FRAND) licensing. The exhaustive 476-page judgement issued on March 28 encapsulates critical themes of patent...Read More

The adoption of the Riyadh Design Law Treaty marks a transformative moment for the protection of industrial designs globally. Building upon lessons from previous treaties like the Hague Agreement on the International Registration of Industrial Designs, this treaty introduces nuanced innovations that address current gaps in design protection, harmonization, and accessibility. Here’s a closer look...Read More

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