Rahul Adey & Associates

05-05-2025

Translation obligations into English apply strictly to patent applicants in India—but what happens when the Patent Office cites non-English prior art?

In a recent patent case Advanced Electric Machines Group v. Controller of Patents (Calcutta High Court, April 2025), a patent rejection for an EV sub-assembly was set aside. One of the procedural issues noted: the Patent Office cited a Japanese prior art document (D3) at the hearing stage—without providing an English translation.

06-05-2025

The Missing Status Between Grant of Patent and its Upload – Can IPO Borrow a Page from USPTO's Playbook?

In Vertex Pharmaceuticals v. Controller of Patents (Delhi High Court, April 2025), a pre-grant opposition was filed after the Controller had signed the patent grant order, but before this order was uploaded to the IPO website.

19-05-2025

You Can’t Have Your Cake and Eat It Too!

A recent ruling from one of India’s High Courts offers a reminder that a position taken to secure a patent cannot be walked back during its enforcement.

22-05-2025

The Structural Weaknesses in Your Patent

Patents are meant to protect value, not quietly expose your business to risk. But when foundational decisions are made without the right approach, even a granted patent can fall apart when it matters most.

12-05-2025

Can Regulatory Restrictions Justify Patent Refusal in India? Court Says No.

The recent judgment, ITC Limited vs. The Controller of Patents, clarifies how Section 3(b) of the Patents Act should be applied. The provision excludes inventions whose “primary or intended use” is contrary to public order, morality, or causes “serious prejudice” to human, animal, or plant life or health.

23-05-2025

If It's About Harm, Show the Harm to Refuse a Patent

You spend years developing an invention, only to have its patent rejected on moral or health grounds. But what if those grounds lack supporting evidence?

11-03-2025

Why Even the Most Clever AI Inventions Fail to Pass India’s Patent Filter

patent applications for ai-related inventions face intense scrutiny, not just on novelty and inventive step, but also on critical requirements like sufficient disclosure, claim clarity, and patent eligibility. this article explores why ai inventions fail at the indian patent office and provides actionable insights to avoid these common pitfalls, with reference to the caleb suresh motupalli case and key provisions of the patents act, 1970.

04-03-2025

Can a Sensor-Based Technical Be a Mental Act unders Section 3(m)?

the recent decision in bosch v. the deputy controller of patents prompted a closer look—not just for its resolution under sec. 3(m), but also for the thought it raises: could the invention have been treated differently if it had been classified by ipo under another domain's

12.02.2025

Who Owns Your IP? Make Sure It is You!

Whether you're an individual creator, a startup, an MSME, a research institution, an educational organization, or a multinational corporation, securing clear ownership is what transforms IP into a valuable business asset. Without well-defined ownership, enforcing rights, licensing, or monetizing your IP can become a challenge.

18.02.2025

Are Mathematical Methods Patentable in India?

Are Mathematical Methods Patentable in India? Here’s What the Court Decided. The recent Madras High Court ruling in Idemia Identity & Security France vs. The Controller General of Patents (November 2024), provides much-needed clarity on how mathematical methods should be assessed for patentability.

03-02-2025

Is Common General Knowledge Enough Without Evidence in Patent Rejections?

Recent Indian court decisions clarify how the patent office must handle Common General Knowledge (CGK) in inventive step rejections. These cases establish that CGK claims require concrete evidence and clear reasoning to challenge patentability.

07-01-2025

The BASF judgment: how timing uncertainty impacts divisional patent applications in India

The article discusses the recent BASF case and the practical timing uncertainties faced by Applicants in India when filing Divisional Patent applications. The Court clarified that filing a divisional application on the same day as the parent patent's grant cannot alone justify rejection. The article also provides recommendations for managing divisional filings in the absence of formal pre-grant notification systems.

10-01-2025

Sam Altman Envisions Superintelligent AI: Will It End Human-Only Invention?

DABUS (Device for the Autonomous Bootstrapping of Unified Sentience), an AI system created by Stephen Thaler, highlighted the current limits of AI in inventorship—it was rejected as an inventor under legal frameworks that define inventors as a human or natural person. How would the very concept of inventorship evolve when machines can independently create breakthroughs that humans may struggle to comprehend?

28-01-2025

Is a Patentability Assessment the First Step to Protecting Your Invention?

How important is a patentability assessment before filing a patent application? With a thorough assessment of novelty, non-obviousness, and eligibility, one can make informed decisions, avoid costly rejections, and strengthen the patent application.

22-01-2025

A well-structured patent strategy ensures long-term competitive Dummy Test

A well-structured patent strategy ensures long-term competitive advantage by creating real barriers rather than loopholes for rivals. Hence, emphasis is on the importance of strong patent protection that truly blocks competitors rather than weak patents that are easy to bypass.

13-12-2024

Protecting What You Invent—Patents, Defensive Publications, and Trade Secrets?

Patents, defensive publications, and trade secrets are three key IP protection strategies. This article explores these to help inventors choose the best approach. It also covers India’s draft Protection of Trade Secrets Bill, 2024, which aims to formalize trade secret protection. Selecting the right strategy depends on business needs, industry dynamics, and innovation type.

06-03-2024

The Growing Threat of Deepfakes: Insights from a Recent Court Case

This article discusses the rising threats of deepfake technology in spreading misinformation and infringing on intellectual property rights. For effective guidance in this dynamic field, we recommend consulting with qualified legal professionals specializing in intellectual property, data privacy, and cyber laws.

November 21, 2023

Divide and Rule: Is India Poised for More Divisional Patent Applications?

Is India going to see a rise in the filing of divisional patent applications? Let's see what has changed and its implications for innovators and businesses!

October 20, 2023

Worldwide Patent Dreams?: Indian Inventors, Avoid this Patent Pitfall or Risk Everything!

Taking your inventions global? Indian inventors, be wary of the pitfalls in the patent filing strategy! Learn why the Foreign Filing License (FFL) is critical for every Indian resident eyeing international patents.

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