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Category: IPR LAW

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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Patent Disputes in India: Why the Courtroom Is Not the Only Battleground and Forum Strategy Cannot Be an Afterthought

Patent disputes in India are rarely decided only in courtrooms — and the parties who consistently achieve better outcomes are the ones who understood that before the dispute began. In cross-border technology and pharmaceutical matters involving

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When an AI Startup Should Not File a Patent: The Case for Conscious IP Timing

AI startup patent strategy timing is one of the most consequential and least systematically addressed decisions that founders and in-house teams make in the early stages of building a technology company. The conventional script is familiar.

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The First Sixty Days of an IP Dispute in India: Why Early Conduct Decides Interim Relief

The first sixty days of an IP dispute in India are more consequential than most foreign counsel appreciate — and by the time that appreciation arrives, the window to act on it has usually closed. From

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What Happens Inside the Indian Patent Office That Foreign Counsel and Startups Do Not Expect

Patent prosecution in India has changed substantially over the last several years. The Indian Patent Office has reduced its backlog significantly. Examination timelines have shortened. The quality of examination has improved. Examiners are more thorough, more

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Sustainability and Eco Labels in India: Where Trademarks, Certification Marks and the Eco Mark Now Intersect

Sustainability and eco labels in India have moved from the periphery of brand strategy to its regulatory centre — and most brand teams have not yet fully absorbed what that shift requires of them. Green claims

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Green and Clean Tech Patents in India: Why the Next IP Land Grab Is Already Underway

Green and clean tech patents in India are no longer a niche consideration for specialist environmental practices. They are at the centre of one of the most commercially consequential IP strategy shifts of the current decade

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How Claim Drafting Errors Destroy Indian Patent Value Before the Application Is Even Filed

I reviewed a patent application last year that had been drafted by a competent attorney in another jurisdiction. The claims were well structured by the standards of that jurisdiction. The independent claim was broad. The dependent

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Section 3(d) of the Indian Patents Act Is Not What Most Foreign Counsel Think It Is

When foreign counsel hear about Section 3(d) of the Indian Patents Act 1970, they usually have one of two reactions. The first reaction is vague familiarity. They know it came from the Novartis case. They know

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