patent law India

Delhi High Court Delivers Major Relief, Revives Trident’s Air-Rich Yarn Patent Battle

November 27, 2025 by Gayatri

The Delhi High Court has set aside the Patent Office’s 2021 order rejecting Trident Limited’s patent application for its “air-rich” yarn and fabric technology. The Court directed the Patent Office to conduct a fresh review and assess the application on its merits.

Court finds major flaws in earlier rejection

The Court observed that the Patent Office failed to properly examine the core inventive feature of the claimed invention. Trident had highlighted that its yarn contains pores distributed uniformly across the entire radial cross-section. The Court held that this structural feature was central to determining novelty and inventive step.

The earlier decision had questioned whether Trident used any special means to achieve this uniform pore structure. The Court disagreed. It noted that Trident had submitted detailed manufacturing parameters, and these disclosed how the unique pore distribution was achieved. It ruled that this evidence should have been assessed more carefully.

Trident’s claim and technical advantages

Trident’s technology relates to air-rich yarns and fabrics and the process for manufacturing them. The company claims its yarn improves wettability, absorbency, and drying speed. The fabric also offers enhanced thickness and a softer feel. Trident asserts that its terry fabrics can absorb water instantly and dry significantly faster than conventional fabrics.

Fresh hearing ordered

The Court reversed the earlier rejection and remanded the case to the Patent Office. It ordered that a different Controller must hear and decide the matter. The fresh examination must take place within six months. The Court also instructed the authority to evaluate the invention independently and without influence from the previous decision.

Significance for the textile industry

The ruling reinforces the requirement for reasoned and technically grounded decisions in patent matters. It highlights that structural and functional features of textile innovations must be examined thoroughly. The decision may encourage more patent filings in the textile and fibre-engineering sectors. For Trident, the judgement offers a renewed opportunity to secure exclusive rights over its air-rich yarn technology in India.

Calcutta High Court Sets Aside Patent Office Refusal of Pharmacyclics Application

October 23, 2025 by Gayatri

The Calcutta High Court has overturned the Indian Patent Office’s (IPO) refusal of a divisional patent application filed by Pharmacyclics LLC, a U.S.-based biopharmaceutical company. The ruling reaffirms that divisional applications in India can be valid even if their claims differ from the parent application, as long as they find support in the original specification.

Court Restores Fair Examination

The case involved Pharmacyclics’ divisional application concerning a Bruton’s tyrosine kinase (BTK) inhibitor, used in combination therapies for cancer treatment. The IPO had earlier rejected the application, saying the divisional claims were not disclosed in the parent application’s claims and that the shift from method to product claims made it invalid.

However, the Calcutta High Court found that the IPO’s stance was inconsistent. In the first office action, the examiner had accepted the divisional as maintainable. Later, during the hearing stage, the IPO reversed its position and rejected the application on procedural grounds.

Justice observed that such a sudden change violated the principle of natural justice. Once the IPO accepted maintainability, it was obliged to proceed with substantive examination on merits instead of questioning the divisional’s validity.

Specification Support Is Key

The Court also clarified that Section 16 of the Indian Patents Act, 1970 does not restrict divisional claims to those identical to the parent application. What matters, it said, is that the divisional claims are “fairly based” on the complete specification of the parent.

Citing earlier precedents such as Syngenta Crop Protection AG v Controller of Patents and Designs, the Court reaffirmed that divisional applications can stand on their own if supported by the parent disclosure, even when their claims vary in scope or type.

Fresh Review Ordered

The Court set aside the IPO’s refusal order and directed it to re-examine the divisional application on substantive grounds, such as novelty and inventive step. It also instructed the office to ensure that applicants receive consistent and transparent treatment during prosecution.

Broader Impact on Patent Practice

This ruling strengthens the position of patent applicants in India, especially in the pharmaceutical and life-sciences sector, where divisional filings are common to protect different aspects of complex inventions.

Experts say the decision promotes procedural fairness and aligns Indian patent practice with global standards. It also encourages applicants to draft comprehensive specifications that can support multiple claim sets for future divisional filings.

While the ruling applies directly to this case, it is expected to influence other High Courts and the IPO’s approach to divisional patents in ongoing and future cases.

India–UK FTA May Threaten Access to Affordable Medicines, Warn Civil Groups

July 24, 2025 by Gayatri

The proposed India–UK Free Trade Agreement (FTA) has sparked major concerns among civil society groups, especially regarding its impact on access to affordable medicines. Leaked drafts suggest the deal may include TRIPS-plus intellectual property (IP) clauses, which could extend patent monopolies, delay generic drug production, and ultimately raise medicine prices for millions.

Leaked IP Provisions Raise Red Flags

Health organisations like Médecins Sans Frontières (MSF) and the Trade Justice Movement (TJM) have criticised the draft IP chapter of the FTA. These provisions reportedly go beyond the World Trade Organization’s TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement, which currently governs global IP standards.

Key problematic provisions include:

Evergreening of patents: This tactic allows pharmaceutical companies to make minor changes to existing drugs and renew their patents, thereby blocking generic competition.
Patent term extensions: Companies may gain longer exclusive rights beyond the standard 20-year patent term.
Data exclusivity: This prevents generic manufacturers from using clinical trial data to gain regulatory approval, even after patents expire.
Ban on pre-grant opposition: The FTA may restrict Indian legal provisions that allow public and civil groups to challenge weak or frivolous patent applications before approval.
IP enforcement measures: These could empower customs authorities to block exports of Indian generics, even when legal in the destination country.

India’s Role as Global Generic Drug Supplier

India is often called the “pharmacy of the Global South”, supplying affordable generics for diseases like HIV, tuberculosis, cancer, and malaria. Millions across low- and middle-income countries depend on Indian-manufactured generics for survival.

According to MSF, any disruption to India’s generic drug industry could have serious public health consequences worldwide.

In addition, India supplies around 25% of the UK’s NHS medicines. A weakened Indian pharma sector could also raise drug costs in the UK.

FTA Offers Economic Gains, But at What Cost?

The India–UK FTA aims to strengthen bilateral trade. It promises tariff-free access for Indian exports and could boost sectors like pharmaceuticals, automobiles, and textiles. UK exports, including medical devices and healthcare technology, are also set to benefit from reduced import duties in India.

The Federation of Indian Export Organisations (FIEO) and PHD Chamber of Commerce and Industry (PHDCCI) have expressed optimism about the deal’s economic benefits. However, they remain cautious about its potential implications for public health and medicine affordability.

View economic implications here

Public Health at Risk

Health experts warn that introducing TRIPS-plus standards could delay access to life-saving medicines, especially for diseases like tuberculosis and HIV, where timely treatment is crucial.

Generic versions of key drugs like delamanid and bedaquiline could be delayed, making them unaffordable for many patients. India’s current patent laws, especially Section 3(d) of the Indian Patents Act, have helped prevent evergreening and encourage generic competition.

“The proposed IP provisions will impact not just India but also people across the world who rely on Indian generics,” said Leena Menghaney of MSF’s Access Campaign.

Ongoing Advocacy

Multiple campaigns have urged India and the UK to remove harmful IP provisions from the FTA. Activists argue that trade agreements should not undermine public health for corporate profits.

The UK Parliament has also raised concerns. Lawmakers like Nick Thomas-Symonds have warned that such provisions could increase the NHS’s drug bill while harming patients globally.

Read The Guardian’s editorial on this issue

Final Word

While the India–UK FTA has the potential to deepen trade and boost exports, public health must not be sacrificed for profit. Stakeholders continue to call for transparency in negotiations and protection of India’s legal tools that ensure access to affordable medicine.

Disclaimer:
This article is a factual, independently written report based on publicly available sources and does not represent the views of any government or organization. For more, see The Federal’s original coverage.