Others

A Look Back at India’s Top IP Developments of 2022


This post has been co-authored with Gaurangi Kapoor, Ishant Jain and Swaraj Barooah  Wishing our readers a very happy and healthy new year! In line with our annual tradition, we take stock of the top IP developments that occurred in 2022. This year, we have divided these developments into four categories: a) Top 10 IP Judgments/Orders (Topicality/Impact) b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments, and d)  Other IP Developments The decisions…


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Copyright Drug Regulation Others Patent Trademark

SpicyIP Weekly Review (December 27- January 01)


Wishing our readers a very happy and healthy new year up ahead! The past week, much like the past year was full of interesting IP developments. In this weekly review, we’ll summarize the 4 posts covered on the blog, 7 orders and judgments from the different courts along with a few national and international IP developments. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! Highlights of…


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Design Overlaps in IP

Monopolizing the Hipster? – Test of Design Infringement by the Delhi High Court


We’re pleased to bring to our readers a guest post by Akshat Agrawal on the recent order by the Delhi High Court on the ‘Hipster bottle design’ controversy. Akshat is an LLM student at Berkeley Law specialising in IP policy. He is a graduate of Jindal Global Law School and has previously clerked at the Delhi High Court. He’s written several posts for us in the past and they can be found here. Monopolizing the Hipster? – Test of Design…


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Patent

SpicyIP Tidbit: Indian Patent Office Comes Up with Revisions Fixing Durations of Adjournments Among Other Things


The pendency of oppositions and applications before the Indian Patent Office is an issue about which we have written extensively in the past (see here, here and here). Unclear timelines to adjudicate on, multiple adjournments by the parties contribute immensely in the soaring number of pending patent applications. (indicatively see here for Namratha’s post on DHC order repudiating a party for seeking repeated adjournments and not filing the written statements timely.) In order to improve the situation, the Indian Patent…


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Patent

Part II: Diagnostic method patents in India


Part I provides factual context to the post below. Interpreting Section 3(i) Section 3 is the key section on “patent eligibility” and lists out what are not “inventions” under the Indian Patents Act. One such non-eligible patentable subject matter is listed in Section 3(i): “Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic…


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Patent

Part I: Diagnostic method patents in India


In March 2023, the Delhi High Court will consider two significant rejections by the Patent Office (PTO) that will determine the fate of diagnostic method patents in India. The PTO recently rejected EMD Millipore’s patent application involving IR based spectroscopy and Sequenom’s patent application involving non-invasive prenatal genetic diagnostics on the grounds that both inventions were not patent eligible under Section 3(i) of the Patents Act, 1970.  This provision excludes diagnostic processes from patent protection. Both rejections have been challenged…


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Copyright Drug Regulation Patent Trademark

SpicyIP Weekly Review (December 20- December 26)


Happy holidays to all our readers! After another eventful week on the blog, we are here with our weekly reviews summarizing the 5 posts covered on the blog along with 19 case summaries and other national and international IP developments.   Highlights of the Week IP Reveries: Class 5.2 – Interrogating India’s Drug Regulation System Prof. Antilegend and his class are back! This time the discussion ventures further into the Indian drug regulatory system and the class learns more about…


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Drug Regulation Trade Secret

IP Reveries: Class 5.2 – Interrogating India’s Drug Regulation System


Prof Antilegend is back to greet you all on this yuletide! After brooding over the basics in the last class, this session (i.e. class 5.2) sieves through the Indian drug regulation system, which has attracted much attention in the last few months. For the previous class, please go here. And if this is your first time coming across the IP Reveries series, you can see what it is about as well as get links to our previous classes in the…


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Patent

SpicyIP Tidbits: IPO deals with formalities and reasons!


We have two interesting IPO related tidbits for you. Read on ahead! 1. The Delhi Court rebuked the incomprehensible reasoning of the Assistant Controller of Patents & Designs: The incomprehensibility of judgments is not a new issue, and the Supreme Court has even given some tips for judgment writing recently. Surprising no one though, it still happens repeatedly, and this time a court gnashed at a gobbledygook(y) order. The Delhi High Court, in Art Screw Co., Ltd. vs The Assistant…


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Others

Gone With the Wind: Where to Find the Repository of IPAB Orders? 


We’re pleased to bring to you a guest post by one of our interns, Gaurangi Kapoor, on the inaccessibility of orders and other resources post the takedown of the IPAB website. Gaurangi completed her LLM in IP and Technology law from Jindal Global Law School in 2022. Her current areas of interest are copyright, design and artificial intelligence.  Gone with the wind: Where to find the repository of IPAB orders?  Gaurangi Kapoor Recently a criminal contempt proceeding has been initiated…


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