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Month: May 2026

Section 8 Patents Act India: Why the Ninety Days Between FER and Grant Quietly Decide Your Patent’s Fate

The Section 8 revocation risk that is quietly sitting in Indian patent portfolios is not a difficult legal problem. It is a docketing problem that becomes a litigation problem, and by the time it surfaces it

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Orient v. Crompton: Why Mosaicing Prior Art No Longer Works as a Design Infringement Defense in India

The design infringement defense India practitioners have relied on for years at the interim stage just stopped working. The template is familiar to anyone who has defended a consumer durables company against a design infringement suit

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Why Philips Lost an SEP It Had Already Won: What the Delhi High Court Division Bench Decision Means for SEP Litigation in India

Philips won at trial. Eight years later, it lost everything. On 18 May 2026, a Division Bench of the Delhi High Court allowed RFA(OS)(COMM) 17/2018 and 18/2018, set aside the 12 July 2018 decree, and held

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Fertin Pharma v. Assistant Controller: When a Patent Refusal Order Is Bad in Law

A patent refusal order in India that lists prior art and asserts obviousness, without mapping claims, without engaging with the applicant’s technical arguments, and without explaining why a person skilled in the art would combine the

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