Smoking is injurious to health, but patent office cannot decide that!
Philip Morris Products S.A. challenged eight patent refusals at the Delhi High Court, each rejected by the Controller under Section 3(b) of the Patents Act on the ground…
Gaurav Mishra
191 articles
Gaurav Mishra is an intellectual property attorney, coffee entrepreneur, and passionate educator. As an Associate Partner at BananaIP Counsels, he specializes in patents, trademarks, copyrights, and designs, working with global tech and innovation-driven clients.
Revoked but Not Extinguished: Court Refuses to Kill Laser Patent Infringement Suits
The Bombay High Court refused to summarily dismiss patent infringement suits filed by Bharat Bhogilal Patel against TVS Electronics Ltd. and Kalelkar Surgicals Pvt. Ltd., holding that two…
Clocks Don’t Stop for Negligent Agents: Neurocentria Patent Revival Fails
When Neurocentria Inc. sought to revive its Indian patent application by disclaiming its earliest PCT priority date - effectively restarting the clock on missed deadlines; the Delhi High…
Old Invoices, New Trouble: Prior Use Trumps Registration in ATHERMAL Case
In a dispute over the mark ATHERMAL used on welding safety goods, the Delhi High Court set aside a trial court interim injunction against Amit Bansal, finding that…
Insufficiency of disclosure: Delhi HC Rejects Counterfeit Detection Patent
The Delhi High Court dismissed an appeal against the rejection of a counterfeit detection patent, finding that the complete specification failed to meet the disclosure standard under Section…
XX Marks the Spot – Did the XX-Rib Design Ever Deserve Its Registration?
The Calcutta High Court has set aside the Deputy Controller's refusal to cancel a registered design for an XX-Rib pattern on TMT construction rods, finding that the Controller…
Chacha in Sarees: Delhi HC on Trademark Distinctiveness
The Delhi High Court's Division Bench has reversed a Commercial Court order that dismissed Chacha Saree Bazar Pvt. Ltd.'s interim injunction application on the ground that "Chacha" is…
The Indian IP Profession: A Story of Talent, Bitter Rivalry, and Lost Purpose
India's IP professionals protect everyone's intellectual property. They just haven't figured out how to protect the integrity of their own profession. A candid look at the competition, rivalry,…
The P-C Problem: Something that a Trademark Registry Search in 2001 could have prevented
The Delhi High Court has held that Intas Pharmaceuticals' mark CLAVIX constitutes pharmaceutical trademark infringement of Sanofi's blockbuster heart drug mark PLAVIX, differing by just one letter. The…
Philips DVD Standard Essential Patent Damages Reversed After 17 Years
In suits filed as far back as 2009, Koninklijke Philips claimed its DVD decoding patent was a standard essential patent infringed by two Delhi-based manufacturers. The Single Judge…