Who owns an invention created by an employee? Is a separate assignment deed always necessary to establish patent ownership? Recent decisions of the Madras and Delhi High Courts have brought much-needed clarity to the law governing patent assignments and proof of right in India. These judgments emphasize that ownership is determined by the substance of the underlying legal relationship rather than mere technical formalities. This article examines the statutory framework under the Patents Act, 1970, the distinction between assignment of the right to apply and assignment of a granted patent, and the evolving judicial approach towards employment agreements, inventor declarations, and documentary evidence establishing patent ownership.
Tag: technology
What Are Standard Essential Patents? How Modern Technology Depends on SEPs
Standard Essential Patents (SEPs) form the invisible legal and technological infrastructure behind modern connectivity. From smartphones and Wi-Fi routers to smart vehicles and streaming platforms, countless technologies function through common technical standards that ensure interoperability across devices and networks. When a patented invention becomes indispensable for implementing such a standard, it transforms into a Standard Essential Patent. Because manufacturers cannot comply with the standard without using the patented technology, SEPs occupy a unique position at the intersection of patent law, innovation policy, and competition regulation. This article explains the concept of SEPs, their role across different technological sectors, and the significance of FRAND licensing obligations in maintaining balance between innovation and market access.
Delhi HC on Injunctions When Patent Granted Is Near Expiry [Pharma Litigation]
As patent protection approaches its final phase, the utility of interim injunctions comes under scrutiny. In Novo Nordisk v. Dr Reddy’s, the Delhi High Court holds that a credible challenge to validity, coupled with the limited remaining patent term, can outweigh claims of irreparable harm, signalling a more context-driven approach to interim relief in pharmaceutical patent disputes.
Copyright Versus Moral Rights Versus Performers Right
A creator must know these concepts to protect their rights. So I’m going to breakdown the concept of what is … More
How India Plans to Regulate AI Training Data with a Unified Royalty Framework
As the global debate on AI and copyright intensifies, India has introduced a unified royalty system that mandates payments from AI companies for training on books, music, films, articles, and other protected works. The proposal seeks to balance creator rights with technological progress
Beware of The Risks Matrimonial Websites Pose & The Law Which Protects Such Websites shaadi[dot]com case
As online matchmaking becomes the new normal, the shaadi[dot]com case serves as a crucial reminder of the legal risks of matrimonial websites in India. While matrimonial platforms promise verified profiles and safe connections, recent court rulings highlight how these sites are protected under Section 79 of the IT Act and the safe harbour clause, limiting their liability for user misconduct. This case exposes the growing tension between digital love and legal responsibility, raising important questions about user safety, data privacy, and accountability in India’s booming online matrimony industry.
Calcutta High Court Reaffirms Strict Approach to Section 3(k) (Google LLC v. Controller of Patents)
The Calcutta High Court in Google LLC v. Controller of Patents (decided on 6 August 2025), has reaffirmed the strict … More
Territorial Jurisdiction in Patent Suits – Delhi HC’s Ruling in Kubota vs Godabari
The Delhi High Court in Kubota Corporation vs Godabari Agro Machinery and Services (12 August 2025) dealt with a significant question of territorial … More
Impact of USPTO’s AAPA Restrictions on Patent Drafting
As per news reports the new USPTO guidance restricts use of Applicant Admitted Prior Art (AAPA) in IPRs. It will … More
How to Create a Unique Trademark in India To Avoid Rejection of Trademark Application: A Guide
Are you aware that large number of Trademark Applications get objected to at the initial stage by the Indian Trademark … More