In today’s innovation-driven economy, securing patent protection is essential for safeguarding novel inventions and gaining a competitive edge. In India, the patent system is governed by the Patents Act, 1970  and administered by the Indian Patent Office. This SCIP article will provide a step-by-step overview of the patent filing process in India, along with key considerations applicants should keep in mind at each stage. 1.  A fundamental requirement for patentability is nov

In the Indian context, patent drafting must strictly comply with the provisions of the Indian Patents Act, 1970  and the corresponding Patent Rules. A well-drafted specification not only ensures grant but also strengthens enforceability and commercial value. Below are the key essentials aligned with Indian patent law: Under the Indian Patents Act, 1970 , effective patent drafting requires a careful balance of technical clarity, legal compliance, and strategic foresight . Here

In today’s innovation-driven economy, a patent is not just a legal document: it is a   strategic business asset. However, it’s important to understand the strength of a patent lies not merely in filing it, but in how well it is prepared and drafted in view of novelty. A poorly drafted patent is like building a house on weak foundations: it may stand for a while, but it won’t survive scrutiny. This article is for innovators, researchers and educators to understand the Understa

Recently, the High Court of Delhi, directed the Registrar of Copyrights to remove the copyright registration obtained by Vijay Keshav Wagh (“Respondent”) for the artistic work titled “SHREE SAKSHAT” since it copied the TIGER beer logo owned by Heineken Asia Pacific Pte. Ltd. (“Petitioner”).   It was the Petitioner’s case that the Respondent’s artistic work clearly incorporates the Petitioner’s identical artistic work of its mark TIGER. The Petitioner also claimed that mere ad

Recently, the Bombay High Court vacated an ex-parte ad-interim injunction obtained by Elder Prrojects Limited ("Plaintiff") against Elder Neutraciticals Private Limited ("Defendant") and dismissed the Plaintiff’s application for temporary injunction, after finding gross suppression of material facts.   The Plaintiff claimed to have coined and used the ELDER device mark since 1992-93 for pharmaceutical products and obtained registration thereof in June 2024 in Class 5. The Pla

In a significant development in U.S. patent litigation, a federal court has overturned a major damages award in the dispute between Columbia University and Gen Digital. The ruling highlights critical issues surrounding patent validity, damages calculations, and the evidentiary standards required in complex technology cases. Background of the case” The case originated from allegations by Columbia University that Gen Digital infringed certain patents related to advanced technol

This is really important question which is necessary to know that how you can identify whether your invention is new, non-obvious, and capable of industrial application In view of inventors scenario, they assume that a good idea automatically qualifies for a patent. But this is not reality, prior art or patentability search is a crucial preliminary step and performing such a search before filing a patent application can save time, cost, and effort while improving the quality

In the contemporary landscape of innovation and commerce, the protection of intellectual property (IP) has become an indispensable facet of strategic business management. The advent of digital communication technologies has revolutionised the manner in which legal services are delivered, particularly in the domain of intellectual property law. It is within this context that virtual IP legal advice has emerged as a critical resource, enabling businesses, innovators, startups,

At Sujata Chaudhri IP Attorneys, we are often asked a familiar question:  “Won’t AI make patent professionals obsolete?”  Our clear view is that AI will significantly change how patent work is done, but it will not replace the professionals who understand technology, law, and business strategy. Research on legal work shows that only a portion of what inventors do can be automated with current technology, and that the most critical parts of our role, such as understanding inve

Continuing our 𝐊𝐧𝐨𝐰𝐥𝐞𝐝𝐠𝐞 𝐁𝐚𝐬𝐞 𝐏𝐚𝐭𝐞𝐧𝐭 𝐒𝐞𝐫𝐢𝐞𝐬, a practical guide for inventors, startups, and researchers to better understand patent protection in India.   It’s time to understand the difference between a utility patent and a design patent which is essential for any inventor/researcher seeking to protect an innovation. Choosing the appropriate type of patent determines the scope and strength of legal protection. In many jurisdictions, particularly in t

The Delhi High Court’s Division Bench in  Boehringer Ingelheim Pharma GmbH & Co. KG v. Controller of Patents  has delivered a significant ruling on the architecture of revocation under the Patents Act, 1970, in the context of IN 243301 covering Linagliptin. The decision addresses how Section 64 revocation interacts with Section 107 invalidity defences and with the expiry of the patent itself.   The Court framed two central questions. 1.       Can a revocation petition under S

Recently, a two-judge bench of the Delhi High Court allowed an appeal filed by Lotus Herbals Private Limited (“Lotus Herbal”) against an order passed by the Ld. Single Judge of the Delhi High Court and granted an interim injunction against DPKA Universal Consumer Ventures Private Limited (“DPKA”) restraining it from using the LOTUS SPLASH and LOTUS marks and/or any other mark nearly identical/deceptively similar to Lotus Herbal’s LOTUS mark.   Despite a prima facie  finding o

Continuing our Knowledge Base Patent Series, a practical guide for inventors, startups, and researchers to better understand patent protection in India. For innovators, startups, and corporate R&D teams, understanding what can and cannot be patented in India is crucial. This section of the Indian Patents Act- Section 4 define key exclusions. This section applies for atomic energy inventions; such applications are referred to the Atomic Energy Regulatory Board for scrutiny aft

The recent controversy at the India AI Impact Summit 2026—where Galgotias University showcased a quadruped robotic dog later identified as the commercially manufactured Unitree Go2 developed by Unitree Robotics -highlights a critical issue for India’s intellectual property ecosystem: the need to clearly distinguish between innovation  and invention . In view our perspective, this distinction is not semantic; it is legal and strategic. An invention is a novel and non-obvious

What Inventions Are NOT Patentable in India? (Understanding on Section 3 of the Indian Patents Act) Continuing our 𝐊𝐧𝐨𝐰𝐥𝐞𝐝𝐠𝐞 𝐁𝐚𝐬𝐞 𝐏𝐚𝐭𝐞𝐧𝐭 𝐒𝐞𝐫𝐢𝐞𝐬, a practical guide for inventors, startups, and researchers to better understand patent protection in India. When inventors apply for patents in India, it’s important to know that not all inventions qualify  for patent protection. The Indian Patents Act sets some clear rules about what cannot  be patented, mai

The Delhi High Court’s ruling in Yangtze Memory Technologie Co. Ltd. v. Union of India & Anr.  delivers a sharp procedural reminder for patent applicants: the right to file a divisional application ends the moment the parent patent is granted. The Court holds? Interpreting Section 16(1) of the Patents Act, 1970, the Court reaffirmed that a divisional application may be filed only “at any time before the grant of the patent.”  Once the patent is granted, the window closes - co

Recently, the Delhi High Court allowed a trademark rectification petition filed by Satya Paul (“Petitioner”), the proprietor of the trademark ARUN, and directed the rectification of the trademark “AiC ARUN” registered in favour of Alka Industrial Corporation (“Respondent”) by ordering deletion of the word “ARUN” from the trademark.   The Petitioner claimed to have adopted the trademark ARUN in 1962 for sewing machines and related parts. The Petitioner relied on multiple regis

Recently, the Hon’ble Delhi High Court refused to cancel the registered trademark, REKIN-SP, of Rekin Pharma Private Limited (“Respondent”) in a cancellation petition filed by Rexcin Pharmaceuticals Private Limited (“Petitioner”).   The Petitioner had filed the petition under Section 57 of the Trade Marks Act, 1999 (the “Act”), seeking removal of the Respondent’s registration for the mark, REKIN-SP in Class 5, on the grounds of prior rights and deceptive similarity of the riv

What Makes an Invention Patentable in India? This is an important question every inventor should understand. Many inventors believe that having a good idea automatically qualifies them for a patent. But in reality, this is not how patent protection works in India. Under Indian Patent Law, every invention must pass specific legal and technical tests before it can be granted a patent. Understanding these basics early can save time, money, and disappointment. So, what actually m

The Delhi High Court’s Division Bench has now pronounced its decision in Canva Pty Ltd & Ors v. RxPrism Health Systems Pvt Ltd & Anr, a significant moment for patent enforcement in the Indian SaaS and tech ecosystem, it is a wake-up call for both SaaS startups and IP practitioners navigating India’s evolving software-patent landscape.   RxPrism, holder of Indian Patent IN 360726 for a system and method for creating and sharing interactive content through a layered architectur