Patent

Thinking Out Loud……Literally: Brains And Boundaries

/ By / Patent

The rise of brain–computer interfaces marks a technological inflection point, blurring the line between cognition and computation. What happens when thoughts become data, and data becomes patentable subject matter? Soumya Juneja, in her post for the SpicyIP–Jhana Blogpost Writing Competition 2025, engages with these questions and assesses whether there is a need to re-examine invention, prior art, and authorship in the age of neurotechnology. Soumya Juneja is an Associate at an IP law firm and a BBA.LLB. (Hons.) graduate from […]

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Beyond PDFs and Portals: Building ‘Explainable IP’ for a Transparent and Inclusive Indian Innovation Ecosystem

/ By / Copyright, Patent

While India’s IP system has made significant strides in digital accessibility, Rushil Verma, in his submission for the SpicyIP–Jhana Blogpost Writing Competition 2025, explains how it continues to fall short on intelligibility. He suggests that integrating “Explainable IP” could help transform patent and trademark databases from mere document repositories into inclusive, user-centric public knowledge systems. Rushil is a fourth-year B.A. LL.B. (Hons.) student at Symbiosis Law School, Pune, with a focused academic and professional interest in Intellectual Property Law. Beyond

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Green Patents and Climate Governance: What India Can Learn from Global Leaders in Climate-Tech IP

/ By / Patent

Can patent systems actually accelerate climate action? In his submission for the SpicyIP–Jhana Blogpost Writing Competition 2025, Abhinav Manchanda explores this question and explains how countries around the world are increasingly designing their IP regimes to support green innovation, while India’s green patent framework is still finding its footing. Abhinav is a legal researcher and writer with a keen interest in intellectual property law, climate governance, and technology regulation. His work focuses on examining how legal frameworks, particularly patent systems,

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Kill it Again – Revoking “Dead” Patents

/ By / Patent

Boehringer Ingelheim Pharma GmbH v. The Controller of Patents (Boehringer Ingelheim) led to colourful and dramatic language from both the bar and the bench. For example, the Division Bench of the DHC while expressing a prima facie view on the matter of revoking a “dead” patent, had asked quite dramatically, “Can one kill a dead body?” Dr Abhishek Singhvi, who had appeared for Boehringer Ingelheim, stated that transmission of the order of the revocation for an expired patent is akin

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Infringement Against Contract Manufacturers: Can Patentees Restrain ‘Have-Made’ Rights in India?

/ By / Patent

In the United States, a patent licensee may have a patented product manufactured by an unlicensed third party (“have-made” rights). Courts there have recognised such rights even where licensing agreements expressly prohibit sub-licensing or reserve all ungranted rights. But would Indian law take the same approach? Eleen Garg examines how Indian courts might respond to claims of “have-made” rights and argues that they are unlikely to recognise them. He argues that this question assumes particular significance in light of India’s

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Announcing the Results of the 1st National Policy Brief Competition on Intellectual Property & Innovation 2025 by SpicyIP and CIPAM, DPIIT

/ By / Event, Patent, Trade Secret

And it’s a wrap!After five months of engaging with thought-provoking policy recommendations on pressing issues concerning SEPs and trade secrets, we are delighted to announce the results of the 1st National Policy Brief Competition on Intellectual Property & Innovation 2025, organised by SpicyIP in collaboration with CIPAM, DPIIT. The final round of the competition was held on February 27 at a grand and elegant setting befitting the occasion, in Vanijya Bhawan, New Delhi. The event saw eight finalists present their

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SpicyIP Weekly Review (February 23 – March 1)

/ By / Biological Diversity, Copyright, Others, Patent, Trademark

Entering March with a post on whether unjust enrichment act as a residual measure for claiming compensation for the use of biological resources? Another post on the working of the National IP Pendency Elimination Karma-Mission (NIPEKM). Case summaries and IP developments from the country and the globe in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Unjust Enrichment as a Residual Remedy for Biopiracy? Rethinking

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SpicyIP Weekly Review (February 16 – February 22)

/ By / Copyright, Others, Patent, Trademark

A post discussing Galgotias University low-quality patent filings and the larger question of India’s patent regime distortion. Another post defending the recent scent trademark of Sumitomo Rubber Industries. And a post on conversations with artisans about their crafts at the Bangalore Habba. Case summaries and IP developments from the country and the globe and much more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week

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The Illusion of Innovation: Looking at the Galgotias University Patents

/ By / Innovation, Patent

Arguing that India’s patent regime is being distorted by seemingly flawed incentives, Kartikeya Srivastava explains how the NIRF’s publication-focused metrics have turned patent filings into a numbers game divorced from genuine innovation. Through a close reading of two contrasting Galgotias University patents, he highlights a structural system that risks rewarding low-quality filings. Kartikeya is a final-year law student in the LL.B. course at NLSIU Bangalore. He also has a B. Sc. degree in Biology. Having freelanced as a patent research

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Canva v RxPrism; Analysing How the 3(k) Challenge was ‘Canva’ssed with a Statutory Presumption of Validity

/ By / Patent

Recently, a division bench of the Delhi High Court refused to intervene with an interlocutory order restraining Canva, from using its “Present and Record” feature. Priyam discusses that the order side-steps the appellant-defendant’s submission on section 3(k), relying on statutory presumption of validity. Priyam is a third-year student at NLSIU, Bengaluru and is deeply interested in IP and Data Protection laws. His previous posts can be accessed here. Canva v RxPrism; Analysing How the 3(k) Challenge was ‘Canva’ssed with a

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