Patent

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Trademark Rectification and Infringement Suits: Sections 124 and 125

Introduction The Trade Marks Act, 1999, provides a legal framework for resolving disputes involving trademark infringement and the validity of registered trademarks. Sections 124 and 125 govern how validity challenges are addressed when infringement proceedings are pending. Section 124: Stay of Infringement Proceedings Section 124 deals with situations where the validity of a trademark registration

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Patent Application Process in India: What Happens After Filing?

Filing a patent application in India is only the first step in obtaining patent protection. After the application is filed with the Indian Patent Office, it goes through several stages, including publication, examination, response to objections, and potentially a hearing, before a patent can be granted. Understanding what happens after patent filing can help applicants,

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Patentability in India: What Makes an Invention Eligible for a Patent?

Patentability in India: What Makes an Invention Eligible for a Patent? Patentability in India depends on more than simply creating something new. Under the Patents Act, 1970, an invention must satisfy specific legal and technical requirements before it can receive patent protection. For startups, inventors, researchers and businesses, understanding patentability requirements in India is essential

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Can You Patent Software in India? | Section 3(k) & Software Patents Explained

Can Software Be Patented in India? Understanding Section 3(k) of the Patents Act, 1970 Can software be patented in India? This is one of the most frequently asked questions in Indian patent law, particularly by software companies, technology startups, AI developers, fintech businesses and innovators developing computer-based technologies. The answer is not simply yes or

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What Happens When Someone Uses Your Patent Without Permission in India?

A patent gives an inventor a valuable legal right to control the use of a patented invention. But obtaining a patent is only one part of protecting an invention. The real value of a patent often depends on the ability of the patent owner to identify unauthorised use and take effective legal action against infringement.

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BlackBerry vs Indian Patent Law: Delhi HC Defines Software Patent Boundaries

BlackBerry Patent Rejected: Delhi High Court Clarifies Software Patent Rules in India The Delhi High Court recently rejected a patent application filed by BlackBerry Limited relating to a software-based user interface feature that assigned different colours to message recipients. The feature was designed to help users identify contacts more easily and reduce the chances of

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India’s IP Environment and Global Compliance: Why It Matters for Barcode-Enabled Businesses

Introduction India continues to remain on the Priority Watch List in the 2025 Special 301 Report issued by the United States Trade Representative (USTR). For companies involved in manufacturing, packaging, distribution, and retail, this highlights the importance of strong product identification systems and regulatory awareness. Intellectual property protections such as patents, trademarks, and copyrights play

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Foldable Technology Dispute: Why Innovation Protection Matters in Modern Tech Ecosystems

Introduction In today’s technology-driven world, innovation does not end at product creation—it extends to protecting the systems and technologies that support product performance and user experience. The ongoing dispute between Lepton Computing LLC and Samsung highlights how advanced technologies—such as foldable smartphones—rely on strong intellectual property protection. For industries that depend on product identification, traceability,

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Same Drug, Similar Name… A Barcode Lesson in Product Identity and Brand Safety

When Patent Protection Ends, Product Identity Becomes Critical Patent expiry often creates a surge of generic manufacturers entering the market. This leads to: While the formula becomes publicly available, the brand identity and product presentation remain protected assets. In industries such as pharmaceuticals, where many companies sell identical formulations, clear identification through packaging and barcodes

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