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 […]
Publications
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 […]
Case summary of Symphony Holdings Limited v Skins IP Limited [2025] SGIPOS 3
I. Background Symphony Holdings Limited v. Skins IP Limited [2025] SGIPOS 3 concerned an opposition by Symphony Holdings Limited (the “Opponent”) against an application by Skins IP Limited (the “Applicant”) to register the following word trade mark, “SKINS”, (the “Subject Mark”) in Singapore. The Opponent, a Hong Kong-based sports-branding company, opposed the application based on […]
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 […]
Singapore - Revision of Official Fees Across Trademarks, Patents and Designs - Act Now!
The Intellectual Property Office of Singapore will increase its official fee for certain transactions from 1 September 2025 and 1 April 2026 respectively. The last fee revision took place in May 2022. Other than plant variety, there is an overall increase in fees across all IP rights, from application to requesting search & examination to […]
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 […]
The microRNA discovery: Singapore and Philippine patent applications
With the selection of the 2025 Nobel Prize laureate(s) in Physiology or Medicine (NPPM) now in the evaluation phase, it is worth revisiting 2024’s winners and ruminating the impact their discovery has had on patent applications filed in Singapore and the Philippines. The 2024 NPPM was jointly awarded to scientists Victor Ambros and Gary Ruvkun […]
EP patent validation in Laos
Following the Validation Agreement signed between the Laos Department of Intellectual Property (‘DIP’) and the European Patent Office (‘EPO’), European patent holders can now extend their patent protection to Laos without the need for a separate national application, effective 1 April 2025. This makes Laos the sixth country worldwide, and the second in Southeast Asia […]
Exploring the New Patent Playbook: Establishing a prima facie case before the issuance of a Notice for Pre-Grant Oppositions
Introduction In India Patent Application No. 202417006578, the Assistant Controller of Patents & Designs, issued an order in the context of a Pre-grant Opposition (‘PGO’) against Pharmazz Inc.'s said patent application. This decision is particularly notable as it represents the first application of a new rule requiring the establishment of a prima facie case before […]
India- Preserving Celebrity Rights Through Intellectual Property Rights
WHAT ARE CELEBRITY RIGHTS? The term ‘celebrity’ is often seen as a mark of honor and success. While athletes, artists, and businesspeople earn it through talent or charisma, royals inherit it by birth or marriage. Others may gain fame unexpectedly through public or media attention. When celebrities protect their personality rights, two key aspects arise:-- […]