Skip to main content

Delhi HC raises the bar of burden of proof on the defendant to establish a credible challenge

A decision of the Delhi High Court hints at presumption of validity of the patents, Archana Shanker discusses.

In 3m Innovative v. Venus Safety, the Division Bench of the Delhi High Court hinted at a presumption of validity of the patents holding that the grant of the patent by the IPO and the USPTO heightens the burden for establishing a credible challenge. Variously, the judges summarised the principles governing patentability of an invention and iterated:

  • Merely because the prior art and the subject patent use the same term for a feature does not necessarily mean that the feature is the same.
  • The entire specification and teaching of the prior art must be considered while determining patentability.
  • With IPO and USPTO not finding the patent obvious, the burden is on the defendant to prove otherwise.

This article was published on Patents Rewind.

Most Recent

News & Insights

VIEW ALL
Thought Leadership
Nov 21, 2025

We are proud to share that the Trade Marks Registry of India has, for the first time, accepted an olfactory (smell) mark for advertisement — “Floral

A Landmark First for Indian Trademark Law
News & Updates
Nov 15, 2025

APPA president Hari Subramaniam congratulates Pravin Anand for receivng the APPA Enduring Impact Award in Kuala Lumpur. ‘First published on India Business

IP expert Pravin Anand honoured with prestigious APAA award
Thought Leadership
Nov 15, 2025

‘First published on Enterprise IT World’ By: Subroto Kumar Panda If you are using a phone, chances are you’ve been bombarded by calls like these:

Tired of Spam Calls? How the DPDP Rules, 2025 Put You Back in Control. The Daily Nuisance We All Know
News & Updates
Nov 04, 2025

In a remarkable conclusion to one of India’s longest-running trademark disputes, the order authored by Justice Sanjeev Narula of the Hon’ble High Court

DELHI HIGH COURT BRINGS 25-YEAR “CELEBRATIONS” TRADEMARK DISPUTE TO A WHOLESOME CLOSE