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What Inventions Are NOT Patentable in India?
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
Feb 172 min read


KNOWLEDGE BASE PATENT SERIES
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
Feb 102 min read


Cracking Open the Atom: How the SHANTI Act Rewrites Section 4 of the Patents Act, 1970
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
Jan 152 min read


Draft Guidelines for use of the Geographical Indication (GI) Logo – A comprehensive summary and analysis
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
Jan 84 min read


Understanding the concept of Exhaustion of Trade Mark Rights and Parallel Import
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
Dec 24, 20257 min read


IP Financing in India: Using Trade Marks to Access Credit
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
Nov 17, 20255 min read


Urgent Interim Relief in IPR Suits: Decoding Section 12A of the Commercial Courts Act, 2015
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
Nov 10, 20255 min read


The Indian Patent Office updates its examination guidelines for Computer Related Inventions (CRIs)
In July 2025, the Indian Patent Office (IPO) released comprehensive new guidelines for examining Computer Related Inventions (CRIs)...
Sep 24, 20255 min read


Understanding the Concept of Copyrights in Tattoos
In today’s ever-progressing day and age, tattoos have evolved from a niche subcultural expression to a mainstream form of art. As the...
Aug 18, 20254 min read


Understanding Comparative Advertising in Trademark Law: Puffery. Disparagement or Infringement?
In today’s world, advertising is a key way to attract consumers and build awareness about a brand. When a brand is promoted by comparing...
Jul 14, 20254 min read


Music Sampling and Copyright Laws – What musicians need to know!
In today’s era of technological advancement in the field of production, sampling has become a cornerstone of creativity. From hip-hop to...
Jun 30, 20255 min read


Stern Advisory issued to e-commerce platforms mandating self-regulation of Dark Patterns
The Advisory for the regulation of Dark Patterns The Central Consumer Protection Authority (“CCPA”) has recently on 5 June...
Jun 25, 20255 min read


Can You Trademark a Scent or Motion? All About Motion and Smell Marks
With evolving market trends and intensifying economic competition, businesses and brands are constantly seeking new ways to stand out. As...
Jun 13, 20255 min read


From Opinions to Offense: Navigating Trademark Disparagement in the Age of Influence
In current digital landscape, where transparency is more important than ever, influencers wield significant power—not just to shape...
May 28, 20256 min read


The Rising & Evolving Landscape of Financial Frauds Imitating Well–Known Brands
An Internet address, i.e. , a domain name, acts as the primary means for consumers to locate a website. As much as the brand owners would...
May 16, 20255 min read


INTERPLAY BETWEEN SECTION 11 AND SECTION 34 OF THE TRADE MARKS ACT, 1999
INTERPLAY BETWEEN SECTION 11 AND SECTION 34 OF THE TRADE MARKS ACT, 1999 The Trade Marks Act, 1999 (hereinafter, the “ Act ”), aims to...
Mar 5, 20254 min read


Rights of Authors of Underlying Works to Claim Royalties for Performance of Derivative Works
Intellectual art can take various forms of innovation and creation including books, articles, songs, musical compositions, films, and...
Jan 7, 20254 min read


Imputing Bad Faith In Trade Mark Infringement Disputes
Bad faith is generally understood as a narrow legal concept that is a shade milder than malice and implies breach of faith or wilful...
Nov 23, 20244 min read


Demystifying Advertising Standards Council of India - Safeguarding Ethical Advertising in India
The rampant rise of social media influencers has drastically changed the advertising landscape in India. The paradigm of content...
Nov 18, 20245 min read


The Monochrome Effect: Decoding the Legality of Single Colour Trademarks
In the complex world of brand development and association, single colours have emerged as a powerful and sophisticated branding strategy....
Sep 26, 20246 min read
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