The legal protection to an invention is based on the claims of the granted patent. A process patent has claims directed towards a method/ process of manufacture of the product.

Can proceedings for rectification before the Intellectual Property Appellate Board be initiated without the permission of the Court trying the infringement suit? The Delhi High Court recently held that prior permission of the Court is not necessary.

Patents are not just instruments of private commercial utilisation but also have an impact on public policy.

A plaintiff would be entitled to rely on the grant of a patent as prima facie proof of validity, but the defendant would only be required to demonstrate (through scientific literature, expert evidence, etc.)

IPR Amicus of December 2015 covers an article on Divisional Applications for patents. It is opined that there is no settled jurisprudence that a divisional application can be filed only based on the invention claimed in the parent application.

IPR Amicus, November, 2015 covers an article ‘Slogans - An issue of descriptiveness’. This article discusses about the difficulty in getting trademark protection for slogans as it is often accompanied by one particular hurdle of retaining exclusivity, which results from their descriptive nature.

Article in this October 2015 issue of the IPR Amicus discusses recent Delhi High Court Judgement granting permanent injunction in the case involving patented diabetics drug.

IPR Amicus, September, 2015 covers an article titled ‘Software inventions - Examining patentability’. This article discuss about recently issued version of the Guidelines by Indian Patent Office for Examination of Computer Related Inventions. Ratio Decidendi secti

IPR Amicus, August, 2015 covers an article titled ‘Make in India meets the Biological Diversity Act’. This article explains about the nation-wide initiative of the Government of India launched in September 2014. It also analyses the importance of having harmonization among the wo

IPR Amicus, July, 2015 covers an article on ‘Separation of rights under copyright & design laws’. This article explains that protection available to artistic work under Designs Act and Copyrights Act are different, and considering the inherent overlapping, one should opt carefully for