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

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

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

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 Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025 (SHANTI Act) fundamentally transforms India's nuclear patent landscape from categorical prohibition to conditional authorization. ​The Legacy Framework (Section 20(1) of the Atomic Energy Act, 1962) For over five decades, Section 20(1) imposed an across-the-board prohibition on patents for inventions in the atomic energy field. This encompassed reactor technologies, uranium enrichmen

Recently, on November 18, 2025, the Department for Promotion of Industry and Internal Trade (“DPIIT”), Ministry of Commerce and Industry, released draft guidelines for the use of the Geographical Indication (“GI”) Logo for comments and suggestions from the general public and concerned stakeholders. This comes in light of the Government of India’s process of developing comprehensive guidelines for the use of the GI logo. GI refers to an indication which identifies goods as agr

The ever flourishing cross-border trade and the expansion of global markets has led to shedding of more importance on parallel importation and effective implementation of ranging price gaps. If we were to understand the concept of exhaustion of a trade mark in simple terms, we would break it down as one of the limitations under the intellectual property law. Once any good which are protected by an IP right are smarketed- by an enterprise or by anyone else with the prior conse

In the modern world, a corporation’s primary competitive strength is less derived by its physical capital and more by its intangible assets. Among these, trade marks play a pivotal role in shaping brand identity, market presence, and long-term commercial value. This article explores the rising practice of leveraging trade marks as collateral, and how businesses can use the value of their brands to access funds.   Trade Marks as Collateral: Concept and Method   A trade mark wh

In the evolving landscape of commercial litigation in India, Section 12A of the Commercial Courts Act, 2015, has emerged as a pivotal procedural checkpoint. It mandates pre-institution mediation  for all commercial disputes, unless the suit “contemplates any urgent interim relief.”  This provision, while aimed at reducing litigation and promoting amicable resolution, has been a topic of contest in the realm of Intellectual Property Rights (“IPR”) litigation, where urgency is

In July 2025, the Indian Patent Office (IPO) released comprehensive new guidelines for examining Computer Related Inventions (CRIs)...

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