The Delhi High Court recently ruled that an employment agreement signed by a deceased inventor serves as a valid ‘Proof of Right’ document, overturning the Patent Office’s rejection. This decision in Nippon Steel Corporation v. Controller of Patents clarifies procedural requirements for corporate patent applicants. It emphasizes substance over hyper-technical form, in establishing ownership during […]
Publications
INDIA’S IP ECOSYSTEM AT A TURNING POINT
The intellectual property (IP) environment in India is currently at a transformation stage. The system, previously known for being complex and manual, has, over the last ten years, significantly turned digital and innovation-oriented. Recent filing statistics and the Annual Report for 2024-25, published by the Office of the Controller General of Patents, Designs, Trademarks, and […]
Therapeutic Efficacy: A Prerequisite for Novel Intermediates- Delhi High Court ruling in Zeria Pharmaceutical Co. Ltd. v. the Controller of Patents
The Delhi High Court dismissed Zeria Pharmaceutical Co. Ltd.’s (the ‘Appellant’) appeal against the Controller of Patents' (the ‘Respondent’) refusal order of a divisional patent application (3630/DLNP/2011). The ruling focused on a novel intermediate compound rejected for lack of inventive step and for failing to demonstrate enhanced therapeutic efficacy. Case Background Zeria filed a divisional […]
Breaking the Algorithmic Silence: Ab Initio's Path to CRI Patent Triumph
The Madras High Court, in a landmark ruling, in Ab Initio Technology LLC (‘Ab Initio’) v. The Controller of Patents & Designs, overturned the Patent Office's rejection of a computer-related invention (‘CRI’) application titled “Graphic Representations of Data Relationship.” This decision mandates the grant of the patent (application no. 4693/CHENP/2010), citing clear novelty and inventive step […]
IndiaMart vs. Puma: Navigating Intellectual Property Rights and Intermediary Responsibility in the Digital Era
The Delhi High Court’s ruling in Puma v. IndiaMart Intermesh, 2025 SCC Online Del 4165, provides a significant analysis of the connection between Indian trademark law and intermediary liability in the context of online marketplaces. The case arose from allegations that IndiaMart, a business-to-business listing platform, facilitated the sale of counterfeit Puma products. It was […]
India’s 2025 CRI Guidelines: A New Era for Software and AI Patent Examination
India has ushered in a transformative phase in its intellectual property regime with the release of the 2025 Guidelines for the Examination of Computer-Related Inventions (CRIs). Issued by the Office of the Controller General of Patents, Designs & Trademarks (CGPDTM) on July 29, 2025, these guidelines mark a significant evolution in how software and artificial […]
Calcutta High Court Overturns Patent Rejection: Clarifies Standards for Morality and Public Health Exclusions
The Calcutta High Court’s judgment, in ITC Limited v. The Controller General of Patents Designs and Trademarks (IPDPTA/13/2024) marked a crucial development in Indian patent law by overturning the rejection of ITC’s patent application (No. 685/KOL/2015) for “a device and method to generate and deliver a nicotine aerosol”. The case centered on Section 3(b) of […]
INDIA- JUDICIAL CLARIFICATION ON SECTION 3(e) VS SECTION 3(d)- ORAMED LTD. vs THE CONTROLLER GENERAL OF PATENTS AND DESIGNS
In a recent ruling concerning pharmaceutical patents, the Calcutta High Court set aside a decision by the Controller of Patents for erroneously conflating the distinct legal standards for patentability of an invention. The judgment underscores ongoing concerns regarding inconsistencies in the examination of pharmaceutical composition claims, particularly where the statutory criteria are misapplied. Facts: The […]
Key Highlights of the Draft Patent (Amendment) Rules, 2025
On 18 July 2025, the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India, published the Draft Patent (Amendment) Rules, 2025 in the Official Gazette. These proposed amendments aim to operationalize the changes introduced by the Jan Vishwas (Amendment of Provisions) Act, 2023, which seeks to decriminalize […]
Delhi High Court rejects Salmonella patent despite approval by USPTO and EPO
In Regents of the University of California (the ‘Appellant’) vs Controller of Patents and Designs (the ‘Respondent’) [C.A.(COMM.IPD-PAT) 481/2022], the Delhi High Court upheld the rejection of a patent application for genetically modified salmonella vaccine due to insufficient disclosure and overly broad claims, non-patentable subject matter, and failure to deposit recombinant microorganism as required under […]