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IPR Amicus: May 2023

The article in this issue of IPR Amicus examines a recent decision of the Delhi High Court, where the High Court has redefined the boundaries of permissible claim amendments for overcoming the objections on non-patentability especially Section 3(i) of the Patents Act, 1970, without jeopardizing the requirements of Section 59.

IPR Amicus: April 2023

The article in this issue of IPR Amicus analyses two decisions of the Delhi High Court which have adjudicated patentability of the species patent with respect to the genus patent as part of infringement proceedings.

IPR Amicus: March 2023

The article in this issue of IPR Amicus discusses a recent landmark Judgement passed by the Delhi High Court in the matter of Allergan Inc v. The Controller of Patents.

IPR Amicus: February 2023

The first article in this issue of IPR Amicus examines a recent Delhi High Court decision against an order passed by the Controller of Patents and Designs refusing the grant of the Appellant’s patent application for lacking inventive step.

IPR Amicus: January 2023

In continuation of the article published last month in IPR Amicus, the article in this issue of newsletter further discusses the evolving law around Divisional Applications in India.

IPR Amicus: December 2022

The article in this issue of IPR Amicus discusses elaborately the evolving jurisprudence of Divisional Applications in India. The article notes that in India, a divisional application under Section 16 of the Patents Act, 1970 may be pursued...

IPR Amicus: November 2022

The article in this issue of IPR Amicus discusses the prescribed timelines set under the Patents Act, 1970 and the Patent Rules, 2003, and throws insights on the flexibility of timelines set forth under different orders.

IPR Amicus: October 2022

The article in this issue of L&S IPR Amicus discusses a peculiar situation where a trademark of one proprietor is found to be infringed by another, by use of recycled bottles or containers of that proprietor for sale of goods or products by the latter in those recycled containers.

IPR Amicus: September 2022

A literal assessment of claims against the alleged infringement may at times allow an infringer to find an easy workaround. To avoid such a travesty from befalling the patentee, the Courts have devised tools where even if the literal language of the patent claim is not infringed, the rights of the inventor may be safeguarded.

IPR Amicus: August 2022

Territorial protection of trademarks often results in ‘squatting of trademarks’ in countries where the trademark does not have any presence or is not commonly known to the general public.