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Intellectual Property

Intellectual Property

Shanti Act & Nuclear Patent
January 15, 2026
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A Peaceful Atomic Age Dawns: India’s SHANTI Act and the...

The Indian Parliament recently passed the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025 (SHANTI Act), laying the groundwork for a......
Trademark Whisky Dispute
January 13, 2026

Bottled ‘Pride’: A Trademark Whisky War in India

How far can ‘pride’ go in succeeding in a trademark passing off suit? The Supreme Court of India had occasion to consider this, although not quite literally,......
Amgen Biopharma Patent Case
December 2, 2025
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Formulation fight: Amgen case tests patentability of bi...

In a high-stakes case, the Madras High Court examines whether Amgen's specific formulation is non-obvious and patentable, and whether the prior art guides......
Patent Drafting Transition Phrases
October 22, 2025

The power of transition phrases in Indian patent drafti...

Transition phrases are crucial in patent drafting for they define the scope of a claim. Choosing the correct phrase can impact what rights an applicant can enforce, as determined by the Delhi High Court recently, in Frimline v. K-Smatco...
Pharmacyclics Case
October 14, 2025
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Pharmacyclics Continues the Divisional Applications Deb...

In 2024, the Indian Patent Office (“IPO”) issued the Patents (Amendment) Rules, 2024 (“Rules”), which, among other things, amended the rules relating to filing of divisional applications....
pre grant opposition India
October 7, 2025
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Timing it Right: Delhi High Court on Pre-Grant Oppositi...

What happens when a pre-grant opposition is filed after the Controller signs a patent application to grant? This knotty question was answered by the Delhi High Court in a recent case....
patent office India issues
September 17, 2025
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When “Ok” Becomes “Not Ok”: A cautionary tale of miscom...

An important step during patent prosecution in India is the hearing. As the Indian Patent Office (IPO) tends to issue only a single examination report, hearings before the Controller are common....
Burden of Proof
September 10, 2025
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The Infringer’s Burden in Process Patent Suits in India...

Indian patent law contains a unique provision that shifts the burden of proof onto the accused / infringer in process patent suits. But this applies only if certain conditions are met....
trademark opposition India
September 4, 2025
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Can a Trade Mark be opposed in India before it is Adver...

In India, the law provides for formal opposition to a trademark application only after it is advertised, but can a third party intervene even during the pre-advertisement stage?...