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Category: patent

patent

SEP Litigation in India: K.K. Bansal v. Philips Reversal

The Delhi High Court's ruling in K.K. Bansal v. Philips establishes a rigorous evidentiary standard for enforcing Standard Essential Patents (SEP) in India. Patent holders must prove essentiality through detailed claim charts mapping claims to technical specifications, comply with Section 45 of the Indian Evidence Act regarding expert testimony, and provide comparable licence agreements to establish FRAND rates. Furthermore, the court reinforced that international patent exhaustion under Section 107A(b) of the Patents Act prevents patentees from collecting royalties from downstream buyers once a licensed component enters the supply chain.

13 min read
patent

Delhi HC Rebukes Patent Office: Natural Justice Rules in VIB VZW

When the Indian Patent Office issues a refusal order that ignores an applicant’s prior submissions, it violates the fundamental principles of natural justice. Under Section 117A of the Patents Act, 1970, the Delhi High Court has clarified that controllers must engage substantively with an applicant's response to the First Examination Report. A failure to address these arguments, combined with a disregard for the mandatory five-step F. Hoffmann-La Roche test for inventive step, renders a rejection order legally unsustainable and liable to be set aside for procedural error.

9 min read