Merely Citing Isn’t Applying: Looking at the DHC Order in Array Biopharma v. Deputy Controller

/ By / Patent

The Delhi High Court’s decision in Array Biopharma Inc. v. Deputy Controller of Patents highlights a basic but important point: patent objections must be tied to the claims and evidence, not merely asserted. Harsh Kashyap explains how the Court applied this principle to objections on inventive step, Section 3(d), and Section 3(i), while also flagging the questions the judgment leaves unresolved. Harsh is a 3rd-year B.Sc. LLB student at NFSU Gandhinagar. Merely Citing Isn’t Applying: Looking at the DHC Order […]

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Remembering Mr. P. H. Kurian (1959-2026)

/ By / Others

It is with great sorrow that we share that the Indian IP fraternity lost one of its most remarkable administrators, Mr. P. H. Kurian, yesterday after a battle with cancer. A 1986-batch IAS officer, Mr. Kurian donned various hats throughout his illustrious career, as District Collector, Labour Commissioner, Managing Director of the Kerala State Industries Development Corporation (KSIDC), Principal Secretary to the Department of Industry, Kerala, Additional Chief Secretary to the Kerala Government, and Chairman of the Kerala Real Estate

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Adventures of Controller: Citing CGK suo motu in Post-Grant Opposition

/ By / Patent

A recent Bombay High Court decision adds an important procedural dimension to the growing judicial scrutiny of how Controllers assess obviousness. Maneesha Gupta explains how in Ashit Padhaya v. Assistant Controller of Patents and Designs, the problem was not the absence of evidence for common general knowledge, but the Controller’s reliance on evidence that was never disclosed to the Opposition Board or the patentee before revoking the patent. Maneesha is a fifth-year B.A. LL.B. (Hons.) student at NMIMS School of

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What Follows a Breach? Bombay High Court Separates Disobedience from its Consequences

/ By / Trademark

When a court finds that its interim injunction has been wilfully breached, should punishment necessarily follow? Harsh Kashyap explores this in light of the Bombay High Court decision in KVIC v. Jaishukh N. Bhuta, explaining how the Court draws an important distinction between establishing disobedience and deciding its consequences, clarifying that Order XXXIX Rule 2A is primarily meant to secure compliance rather than punish past conduct. Harsh is a 3rd-year B.Sc. LLB student at NFSU Gandhinagar. What Follows a Breach?

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SpicyIP Tidbit – Court’s Friend or Counsel for the Absent Party: Analyzing Delhi Court’s Appointment of Amicus for Vivek Oberoi

/ By / Others

The Delhi High Court’s decision to appoint an amicus curiae to represent Vivek Oberoi’s perspective after his counsel withdrew raises an unusual procedural question in a civil suit pertaining to the right of publicity. This tidbit by Vishwas Kumar Tripathi examines whether such an appointment fits within the established role of an amicus curiae, or risks creating a safety net for plaintiffs who stop actively participating in their own cases. Vishwas is a 4th law student pursuing his B.A. LL.B.

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SpicyIP Bells & Whistles: IP Events and Opportunities (24.08.2026)

/ By / Courses & Workshops, Opportunities

Welcome back to another week of Bells & Whistles. As always, we’ve rounded up a mix of developments, opportunities, and thoughtful reads from across the IP world along with a Bell of the Week that’s well worth revisiting. Bell of the Week: When Copyright Meets AI – ANI v. OpenAI Some bells mark the beginning of a new chapter. This one may just be the beginning of India’s AI copyright jurisprudence.  This week’s bell goes to ANI Media v. OpenAI, one

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SpicyIP Weekly Review (August 17-August 23)

/ By / Copyright, Patent, Trademark

Starting the week with our weekly roundup of key IP developments and posts on Mavyret patent abandonment, calls for comments on new patent and trademark manuals, and the DHC’s decision in Intra Cellular Therapies v. Controller. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment and let us know below. Highlights of the Week Mavyret Patent Abandonment Does Not Open the Field for Hepatitis C Generics Does one patent

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Mavyret Patent Abandonment Does Not Open the Field for Hepatitis C Generics

/ By / Drug Regulation, Patent

July 28, 2026 marked eight years of the National Viral Hepatitis Control Program (NVHCP). Launched under the National Health Mission, the program aims to eliminate Hepatitis C from India by 2030 through free testing and access to generic versions of direct acting-antivirals (DAAs). One of the most effective drugs for curing patients of Hepatitis C virus (HCV) currently in the market is AbbVie’s Mavyret. It is recognised as the first and only DAA approved to treat both acute and chronic

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SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on New Draft Patent and Trademark Manuals (2026)

/ By / Others, Patent, Trademark

The office of the Controller General of Patents, Designs and Trademarks (CGPDTM) has released two new notifications regarding updates to the office manuals. Yesterday, the office invited comments and suggestions from stakeholders on the Draft Manual of Patent Office (Practice & Procedure), 2026, to be submitted within the next 30 days. Today, the office has invited suggestions on the Draft Manual of Trademark Office (Practice & Procedure), 2026, but within a lesser window of the next 15 days. Comments on the draft manuals

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One Atomic Substitution, Two Giant Hurdles of Disclosure and Efficacy

/ By / Patent

In Intra Cellular Therapies v. Controller of Patents, the Delhi High Court revisited two recurring fault lines in pharmaceutical patent law: the coverage disclosure distinction in genus-species claims and the therapeutic efficacy threshold under Section 3(d). Arnav Kaman argues that while the Court gets parts of the Section 3(d) analysis right, its treatment of coverage as disclosure, its failure to meaningfully engage with the applicable novelty standard, and its silence on inventive step leave the judgment doctrinally unclear and the

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