Tag: Delhi High Court

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. ......

Recently, in the case of Vivek Khanna vs. OYO Apartments Investments LLP , the Delhi High Court dismissed a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 ("A&C Act"), by way of which, Mr. Vivek Khanna (the "Petitioner") assailed the award dated March 31, 2023 (the "Impugned Award") passed by the arbitral tribunal comprising of a sole arbitrator. ......

Recently, in the case of Amit Guglani and Another vs. L&T Housing Finance Limited and Another , the Delhi High Court adjudicated upon a petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (the "A&C Act") for appointment of a sole arbitrator ("Petition") under a tripartite agreement dated October 24, 2018, executed between the parties. ......

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. ......

Recently, in the case of Sunil Kumar Chandra v. M/s Spire Techpark Private Limited , the High Court of Delhi ("DHC") has held that in case there is inconsistency between two clauses in an agreement, the former clause will have precedence over the latter clause. ......

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. ......

Much emphasis is placed in patent law on the importance of filing for protection as early as possible in the inventive process, in order to obtain necessary rights and benefits. But these applications are by no means set in stone. There is room to amend patent applications, and in India, amendments can be done both while an application is pending, and after a patent has been granted, subject to appropriate permissions from the Controller. ......

The principle of “unity of invention” is near universal to patent law and entails that a single patent application must relate to a single invention or to a group of linked inventions having a ‘single inventive concept’. If the application lacks unity of invention, the applicant may split the original application, and file a “divisional application” seeking protection for the (additional) plurality of inventions. ......

When hardcoded statutory deadlines are violated, can delays be condoned? This was the central question answered by the Delhi High Court in The European Union Represented by the European Commission vs. Union of India. The court allowed for an extension of a non-extendable statutory deadline in a patent matter because of the exceptional circumstances of the case. ......