India: Patent

Subscribe
Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Pre-Grant vs Post-Grant Patent Opposition In India: Procedure, Grounds, Timelines, Fees And Strategic Considerations
The Patents Act, 1970 provides multiple mechanisms for challenging the grant or validity of a patent in India. Two important statutory mechanisms are pre-grant opposition under Section 25(1) and post-grant opposition under Section 25(2). While both mechanisms allow third parties to challenge a patent on substantially similar grounds, they operate at different stages of the patent lifecycle and differ significantly in terms of standing, procedure, timelines, fees and strategic consequences.
India IP
KS
King, Stubb & Kasiva
Article
Semiconductor Integrated Circuits Layout-Design Act, 2000: Registration, Protection And IP Strategy In India
India’s semiconductor ecosystem is expanding across chip design, fabrication, packaging, testing and related technology services. As semiconductor companies build increasingly valuable portfolios of chip designs, manufacturing processes and proprietary know-how, semiconductor intellectual property protection in India is becoming an important component of technology and commercial strategy.
India IP
KS
King, Stubb & Kasiva
Article
Independent Revocation Or Counterclaim? The Madras High Court On The Procedural Choice Under Sections 64 And 104 Of The Patents Act In India
Few procedural choices in patent litigation carry as much strategic weight as the one at the heart of this case. When a business is sued for infringing a patent it believes should never have been granted, how it mounts the challenge, by an independent revocation petition or by a counterclaim, shapes which court hears the dispute, how quickly, and at what cost. In a recent order, the Madras High Court confirmed that the Patents Act leaves that choice with the litigant, and that the choice cannot be narrowed by the opposing side.
India IP
SR
S.S. Rana & Co. Advocates
Article
India's Draft Biotech Patent Guidelines: What U.S. Applicants Should Know Now
India's Patent Office has released draft biotechnology examination guidelines that fundamentally reshape how U.S. patent practitioners should approach Indian filings. With strict limits on claim amendments and new standards for diagnostics, efficacy data, and enablement, the window to optimize claims closes at PCT national-phase entry—making pre-filing strategy more critical than ever.
Global IP
BT
Barnes & Thornburg LLP
Article
Designs Without Borders: What The Riyadh Design Law Treaty Means For Indian Businesses Expanding Abroad
It is worth being precise about what the Riyadh Design Law Treaty does and does not do. It does not harmonise the substantive law of what qualifies as a protectable design, nor does it create a single global design right. What it harmonises is procedure  the formalities an applicant must satisfy when seeking design protection in a member country. That may sound modest, but for businesses filing across multiple jurisdictions, procedural divergence is precisely where cost, delay and lost rights accumulate.
India Strategy
SR
S.S. Rana & Co. Advocates
Article
Green Patents In India: Between Climate Ambition And A Still-Developing Incentive Framework
India’s climate commitments are substantial a net-zero target announced at COP26 and rapid growth in non-fossil energy capacity and clean-technology innovation across solar, wind, storage, electric mobility and waste management has grown alongside them. It is tempting to assume that a dedicated, incentive-rich “green patent” regime sits behind that innovation. The more accurate picture is of a patent system that accommodates green technology through general mechanisms, while stopping short of the bespoke incentives that some other jurisdictions have introduced.
India IP
SR
S.S. Rana & Co. Advocates
Article
India: Jan Vishwas And Intellectual Property Compliance – The Changing Landscape Of IP Penalties
India’s intellectual property (“IP”) framework has shifted towards decriminalisation and proportionate enforcement through the Jan Vishwas (Amendment of Provisions) Act, 2023 (“Jan Vishwas Act 2023”). The reforms, effective from 1 August 2024, amended several provisions of India’s principal IP statutes, including the Patents Act, 1970, the Trade Marks Act, 1999, the Copyright Act, 1957 and the Geographical Indications of Goods (Registration and Protection) Act, 1999 (“GI Act”).
India IP
KS
King, Stubb & Kasiva
Article
Intellectual Property Newsletter | July 2026
The global IP ecosystem is experiencing record-high filings and AI-driven innovation, with pivotal rulings addressing copyright protection for AI training, trademark enforcement across digital platforms, and patent disputes involving standard-essential technologies. From India's first substantive finding on AI training and fair use to landmark settlements in U.S. copyright litigation, courts worldwide are shaping how intellectual property law adapts to emerging technologies and evolving regulatory prioritie
India IP
DL
Dentons Link Legal
Article
From Absolute Prohibition To Conditional Innovation – Section 4 Of The Indian Patents Act And The Transformative Impact Of The Shanti Act 2025
National security has been a cornerstone of India’s patent legislation since its inception. Section 4 of the Indian Patents Act, 1970, exemplifies this priority by imposing an absolute bar on patenting inventions related to atomic energy. This prohibition has historically reflected the government’s exclusive control over nuclear technology and the strategic sensitivity associated with atomic energy. However, India’s evolving clean-energy objectives are driving a significant policy transformation.
India IP
SR
S.S. Rana & Co. Advocates
Article
Mobile Phone Manufacturing Scheme (MPMS): India’s Next Leap In Electronics Manufacturing
On 31 July 1995, India heard its first mobile ring, when the then Union Minister of Communications spoke from Delhi to the then Chief Minister of West Bengal in Kolkata. For most of the two decades that followed, India consumed mobile phones without making them. In 2014, the country had only two mobile phone manufacturing units and was approximately 78% import dependent, with roughly 75% of domestic demand in 2014-15 being met through imports. Today, India has over 300 mobile manufacturing units and imports account for about 0.02% of domestic demand.
India Media & IT
SR
S.S. Rana & Co. Advocates
Article
Guidelines For The Use Of Artificial Intelligence In Patent Examination Procedures
The Indian Patent Office has introduced comprehensive guidelines governing the use of artificial intelligence in patent examination procedures, establishing a framework that balances technological efficiency with human oversight. These guidelines define permissible and prohibited uses of AI tools while addressing critical concerns around confidentiality, accuracy, and accountability in the patent examination process.
India IP
MC
MAHESHWARI & CO. Advocates & Legal Consultants
Article
The Hidden Cost of Neglecting IP Renewals
Intellectual property portfolios can be destroyed not by litigation or competition, but by a single missed renewal deadline. A patent that survived years of prosecution or a trademark built over decades can vanish because an annuity payment went unpaid on a date nobody was watching. This examination reveals how these administrative failures occur under Indian statute, why restoration is far weaker than most proprietors assume, and what a defensible renewal framework looks like in practice.
India IP
MC
MAHESHWARI & CO. Advocates & Legal Consultants
See more