Patent – SpicyIP

SpicyIP Weekly Review (October 26-November 1)

November 2, 2026 / By SpicyIP / Copyright, Drug Regulation, Patent, Trademark

Announcing the 2026 Shamnad Basheer Essay Competition, a post on the ongoing Cadila-Hetero biosimilar dispute ahead of the Supreme Court hearing, and posts on the Indian Designs Office’s draft GUI Guidelines and the Trade Marks Registry’s proposed framework for the use of AI in proceedings. This and much more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment and let us know. Highlights of the Week Announcing the 2026 Shamnad Basheer Essay Competition on

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Announcing the 2026 Shamnad Basheer Essay Competition on Intellectual Property Law

October 30, 2026 / By SpicyIP / Biological Diversity, Copyright, Data Exclusivity, Design, Geographical Indication, Innovation, Opportunities, Patent, Trademark

Celebrating the 50th birth anniversary of Prof. Basheer, earlier this year, we had promised to return with the 2026 edition of the Shamnad Basheer Essay Competition on Intellectual Property Law. And we are now delighted to announce the launch of this year’s competition! A master with the pen, Prof. Basheer continues to inspire us with his ability to make complex legal ideas accessible to a wider audience. Our long-time readers, and the many others who have engaged with his work,

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SpicyIP Weekly Review (October 19-October 25)

October 26, 2026 / By SpicyIP / Copyright, Design, Patent, Trademark

A quick tidbit on the free online version of Feroz Ali’s treatise on patent law, interesting orders from various High Courts, and exciting national and international IP developments in this week’s SpicyIP Weekly Review. Anything we’ve missed? Drop a comment and let us know! Highlights of the Week SpicyIP Tidbit: Ali on Patents – A Treatise Built for Reading, Citing and Keeping Up Patent research often means working through lengthy judgments to find the reasoning that matters. Prof. Feroz Ali’s

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SpicyIP Weekly Review (October 12-October 18)

October 20, 2026 / By SpicyIP / Copyright, Drug Regulation, Patent, Trademark

[This Weekly Review is prepared by Kaustub Boidi. Kaustub is a final-year law student at SVKM’s NMIMS, Hyderabad.] Here’s this week’s roundup of IP developments, from posts on the Kerala High Court’s Ribociclib decision, the Delhi HC’s tiered approach to patent appeals in Esteve Pharmaceuticals, the PABS Annex of the WHO Pandemic Agreement, to key judicial decisions and national and international IP updates. Anything we missed out on? Drop a comment below to let us know! Highlights of the Week

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SpicyIP Tidbit: Ali on Patents – A Treatise Built for Reading, Citing and Keeping Up

October 19, 2026 / By Rishabh Upadhyay / Patent

Prof. Feroz Ali has launched Ali on Patents (www.aop.onl), a free, online version of the treatise he first published in 2007. In his launch note on linkedin, he says that everything on the site is either his own words or the words of the court, with no AI-written prose in between. The resource is meant for a wide readership: patent lawyers and agents, in-house counsel, examiners, judges, academics, students and inventors, among others. The site has two kinds of pages:

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Equitable Pandemic Response: Delink Data Access from Benefit Sharing in the PABS Annex

October 17, 2026 / By Rishabh Upadhyay / Patent

Long Post Ahead! In May 2025, the World Health Organization’s member states adopted the Pandemic Agreement. However, until its Pathogen Access and Benefit-Sharing (PABS) Annex is adopted, it cannot be opened for signature. Currently, the talks on the annex remain stuck on one question: should benefit sharing be tied to access to pathogen data? In this post, I argue that this linkage is itself the problem. Drawing on the model proposed by Knowledge Ecology International (KEI) before the Intergovernmental Working

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The Ghost of Section 100’s Past!

October 16, 2026 / By Ambika Aggarwal / 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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SpicyIP Tidbit: Putting the Cart Before the Horse: A Look into Esteve Pharmaceuticals vs CPD

October 14, 2026 / By Maneesha Gupta / Patent

In the August 7 order passed in Esteve Pharmaceuticals S.A. vs Controller of Patents and Designs (2026), the Delhi High Court adopted a tiered approach in examining the grounds for rejecting a patent application. It accepted that the invention “Co-crystals of Tramadol and Coxibs” was novel (differing from the Controller on 2(1)(j)), but it lacked inventive step (upholding the Controller’s objections under 2(1)(ja)). And because it lacked inventive step, the Court did not find examining further under 3(d) and 3(e)

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SpicyIP Weekly Review (October 5-October 11)

From notable orders of the past week to key national and international IP developments, here’s the latest edition of the SpicyIP Weekly Review. Did we miss anything? Let us know in the comments! Posts this Week The Innovation Brief, NLU Delhi, is inviting blog post submissions on the ‘Impact of the Intersection of Innovation and Access by the EU-India FTA’. The last date to share submissions is October 20, 2026. Interested readers can read the call for submissions below. Case

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

October 12, 2026 / By Ambika Aggarwal / 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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