Can a Pre-Grant Opposition Survive After Patent Grant?
The Delhi High Court confirmed that once a patent grant order is signed, a pre-grant opposition under Section 25(1) is no longer valid. This case involving Vertex Pharmaceuticals…
Case Reviews
608 articles
AbbVie’s Patent Refusal Upheld over Impermissible Shift from Treatment to Product Claims
The Delhi High Court has dismissed AbbVie's appeal regarding the refusal of their patent application for an anti-cMet antibody-drug conjugate. The court found the proposed amendments exceeded permissible…
When Dye Becomes Decisive: Patent Infringement, Equivalence, and Estoppel
In a patent infringement case, the Delhi High Court denied Crystal Crop Protection's request for an interim injunction against Safex Chemicals. The dispute in the case centred on…
Blackberry’s Patent Refusal Set Aside by Delhi High Court
The Delhi High Court has set aside the Indian Patent Office’s refusal of Blackberry’s communication patent application. Citing a lack of reasoning and violation of natural justice principles,…
Compulsory Music License for Events: Delhi HC Rules Against PPL’s Licensing Practices
In a case between Al Hamd Tradenation and PPL, the Delhi High Court ruled that Al Hamd is entitled to a compulsory license because PPL refused to grant…
Captain Morgan Prevails Over Captain Blue in Trade Mark Dispute
The Delhi High Court has ruled in favour of Diageo’s “Captain Morgan” trademark, rejecting the registration of “Captain Blue” due to deceptive similarity and absence of bona fide…
Trademark Opposition Fails Without Territorial Use Evidence
The Madras High Court dismissed an appeal by Raghuvar (India) Limited against the registration of the ‘JAI HANUMAN’ trademark, underscoring the importance of territorial use evidence in opposition…
Supreme Court Upholds Free Speech in Wikimedia Case, Sets Aside Takedown Order
In a clear endorsement of constitutional protections in the digital realm, the Supreme Court set aside a Delhi High Court directive requiring removal of Wikipedia content related to…
Decades of Himalaya’s Goodwill Shield PILEX Trademark from Deceptive Use
The Calcutta High Court’s Intellectual Property Rights Division upheld Himalaya’s trademark “PILEX”, citing decades of goodwill and market presence. With the defendants ceasing use and offering an unconditional…
What Have You Been Smoking? Personal bias has no place in Tobacco patent evaluation
The Calcutta High Court has criticised the arbitrary rejection of a tobacco syrup patent by the Indian patent office, urging objective analysis over personal bias. It held that…