Author name: Ambika Aggarwal

Ambika is a Ph.D. (IP Law) scholar at NALSAR University of Law, Hyderabad. She is a SpicyIP Tech Innovation Policy Fellow (2025). Her experience includes working as a Research Assistant at the office of the DPIIT-IPR Chair, NALSAR University of Law, and she is also a recipient of the Danida Fellowship on Fostering Innovation & Commercialisation of Intellectual Property Rights (2023) awarded by the Ministry of Foreign Affairs, Denmark.

The Ghost of Section 100’s Past!

/ By / Drug Regulation, Others, Overlaps in IP, Patent

As Halloween approaches, a particular editorial at ET seems spooked by the prospect of lawful and equitable access to medicines! In doing the opposite of what its title suggests, ‘Protect Patients and Patents Smartly’, the editorial piece published on October 15, 2026 is an unfortunate example of legal misinformation and misinterpretation, stuck in the old binary of access versus patent. This published piece runs contrary to years of judicial wisdom, contradicts itself, conflates different legal questions and advocates for a

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Ribociclib: Access to Medicine Collides with Patent, Price and Policy

/ By / Drug Regulation, Overlaps in IP, Patent

In this co-authored post, Ambika and Rishabh break down the recent Kerala High Court ruling on government use of patented inventions under Section 100 and situate it in the broader context of other Ribociclib patents and pending litigations that will impact the drug’s access; all this, at a time when patent enforcement and drug pricing rules might be changing. The judgment’s epilogue references popular cinema for recall value (see pg 56 here), but the real blockbuster of this story is

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Specific Comments on the IPO’s Draft Pharmaceutical Guidelines (2026)

/ By / Drug Regulation, Others, Patent

There is no easier way to put it – the IPO’s Draft Guidelines for Examination of Patent Applications in the Field of Pharmaceuticals, 2026 (“2026 Draft Guidelines”) released 15 days ago have severe problems and require substantial reworking. There are many concerning reasons warranting an immediate and thorough revision of this draft for it to avoid disrupting patent law and patent prosecution as we know it. The 2026 Draft Guidelines have misquoted certain statutory provisions, misinterpreted some judicial decisions, misapplied

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General Comment on the IPO’s Draft Pharmaceutical Guidelines (2026)

/ By / Drug Regulation, Others, Patent

A few days ago, we had informed our readers that they could participate in the open call for comments and suggestions on the Draft Guidelines for Examination of Patent Applications in the Field of Pharmaceuticals (2026). Several such notifications have been released by the office of the Controller General of Patents, Designs and Trademarks (CGPDTM) in the past few weeks (see here and here). The notification of the new draft of the Pharmaceutical Guidelines was released on September 4, 2026

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SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on New Draft Pharma and Biotech Patent Application Guidelines (2026)

/ By / Biological Diversity, Drug Regulation, Others, Patent

In the time of this oncoming monsoon, it feels like its raining draft guidelines from the Controller General’s office! The office of the Controller General of Patents, Designs and Trademarks (CGPDTM) has released two new sets of draft guidelines today for the examination of patent applications related to pharmaceutical & biotechnology inventions. These draft guidelines are targeted towards streamlining the patenting procedures of healthcare inventions. All stakeholders invited to submit their comments or suggestions within 15 days from the date of

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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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InterDigital v. Transsion: A ‘Comparatively’ Better Pro-Tem Order?

/ By / Patent

At 100 pages, the pro tem security deposit order issued by the Delhi High Court in favour of InterDigital is the longest of the court’s SEP ad-interim orders, and offers a lot to unpack. To its credit, the order presents an overall balanced opinion, a clarity in delineation of the ad-interim stage from a future interim injunction and a steady point of view on the persuasive value of foreign decisions. This case changes some big rules of the pro tem

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A Personality Too Spiritual for Satire?

/ By / Copyright, Others, Overlaps in IP, Privacy, Trademark

I had underestimated how much of the personality rights space in India is one big, vague, wild west! The personality rights order passed by the Delhi High Court in favour of the plaintiff, Anil Kumar Tiwari (aka Aniruddhacharya Ji Maharaj) shows what happens when an already confusing jurisprudence continues to develop without guardrails: IP law protections are claimed for ineligible content; social commentary based on meme-culture collides with ambiguous private rights; and, doctrinal confusion continues to blur the scope of

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Breaking: Breakthrough for India’s SEP Jurisprudence in new Philips v. Rajesh Bansal ruling!

/ By / Patent

DVDs are long gone from our markets, yet their SEPs continue to be on pause, play, rewind! A momentous decision has been delivered by the Delhi High Court today – a big, refreshing and important update for the developing standard essential patent (SEP) jurisprudence. The division bench decision comes from Justices Hari Shankar and Om Prakash Shukla and is a turning point in the decade long SEP litigation between Philips and Rajesh Bansal. The case was among the initial SEP

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