Tag: Delhi High Court

A typical patent infringement matter plays out thus: the patent holder / plaintiff sues for patent infringement, along with an application for an interim injunction to stop the infringer ......

Identifying actors in patent infringement requires pinning down the party directly manufacturing a patented product or performing the patented process in question ......

The law on the patentability of diagnostic methods in India is very clear: they are not patentable under Section 3(i) of the Indian Patents Act, 1970. Over the last few years, the jurisprudence surrounding this exception to ......

Trademark disputes rarely move in straight lines. Sometimes, well before a mark becomes opposition-worthy, disputes around ownership may emerge....

In India, a patent application can be filed not just by the true and first inventor, but also by the assignee of an inventor. This is provided for under Section 6 of the Indian Patents Act......

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...

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....

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....

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....