Patent

Graphical User Interfaces (GUIs) are no longer just basic interfaces; but are an integral component of the user experience. From AI powered chatbots that assist a user, to virtual reality experiences, there have been significant innovations in this field. Globally, the number of patent applications published in the field of GUIs has nearly doubled in the past three years, with over 20,000 published in 2023 alone. ......

Filing a patent in your home jurisdiction is merely the beginning of building a patent portfolio. Depending on the subject matter of the patent, and the business model, it would be strategic to also file related patents abroad. ......

In the last few years, the Indian government has taken various steps to reform the patent filing process in India and strengthen the Indian IP ecosystem. In the latest series of developments, the Ministry of Commerce and Industry (“MoCI”) published draft Patents (2nd Amendment) Rules, 2024 (“the draft Rules") on January 2, 2024, seeking comments from the public and/or any stakeholders. Public comments to the draft Rules are invited until February 2, 2024. ......

A Division Bench of the Delhi High Court has brought much-required clarity on filing of divisional applications in India, which at least two different single judge benches of the same court had disagreed upon previously. ......

When is a new product considered a mere discovery of something that subsists in nature and thus unpatentable, and when is it altogether new or unfamiliar, and thus, worthy of being granted a patent? This is the question that the Delhi High Court tackled in the recent case of Diamond Star Global SDN BHD v Joint Controller of Patents. ......

Over 100 million animals are used in laboratory experiments worldwide every year. These are only estimates; the exact number is unknown and could possibly even be higher. These animals are either killed outright in scientific procedures, or used to assess the safety and efficacy of drugs and cosmetics. ......

Before a new drug, biologic or medical device is approved and authorized for market launch, it has to undergo a long and complex process involving extensive testing and clinical trials to ensure its safety and efficacy. However, for patients who have exhausted all other options, sometimes an unapproved or pre-approved or investigational drug could be the only hope. ......

Patent marking entails marking a patented product with its relevant patent number. Proper patent marking can help obtain higher monetary damages in a patent infringement lawsuit, as marking means that infringers cannot claim ignorance of liability. However, if there is no marking, damages are likely to be calculated only from the time of actual notice. ......

A key question that confronts participants in any disruptive and innovative industry is that of intellectual property (IP) protection. Software is no exception. Multiple IP routes, e.g., copyrights, patents, and trade secrets, are available for protecting software, but the appropriate choice is not always automatically evident. ......