Latest Articles on Indian IP
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You Can’t Have It Both Ways: Yangtze Memory, Unity of Invention and the Divisional That Came Too Late
Yangtze Memory defended the unity of its claims, won grant — then tried to file a divisional five days later. The Delhi High Court said no: having had it one way, you cannot now have it the other.
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A Second Life: Orissa High Court’s Liberal Take on Restoring a Lapsed Patent
A patent lapsed because the agent didn’t pay the renewal fee — and the 18-month restoration window closed before anyone noticed. The Orissa High Court, taking a liberal view, let the patentee try to bring it back.
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No Way Out: When Withdrawing a Patent Suit (With Strings) Backfires
A plaintiff tried to withdraw a process-patent suit — but keep the right to sue again. The Delhi High Court refused, held a process patent is not a monopoly over a raw material, and imposed costs.
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Grounds Not Pressed Are Grounds Lost: Mold-Tek, Claim Mapping and the Discipline of Written Submissions
A written statement bristling with invalidity grounds means nothing if you don’t actually argue them. The Delhi High Court drew a sharp line between pleading a ground and pressing it — with claim mapping the price of entry.
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Two Tracks, One Order: Calcutta HC Won’t Let Examination and Pre-Grant Opposition Collapse Into Each Other
Can the Controller dispose of examination and a pre-grant opposition in one undivided order? The Calcutta High Court says no: the two tracks are independent, and collapsing them denies the applicant a fair hearing.
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Awaiting Is Not Failing: Delhi HC on NBA Approval, Section 10 and the Patent Refused Too Soon
A herbal-composition patent was refused for not producing NBA approval in time — though the applicant had applied and was waiting. The Delhi High Court held that awaiting approval is not ‘failing’ to get it.