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
News & Updates, Thought Leadership
•
Nov 11, 2026

Think about the apps you use every day. Their visual identity is often the first thing you recognise: the arrangement of icons, navigation menus, buttons,

Can You Patent the Look of an App? GUI and Icon Protection in India
News & Updates, Thought Leadership
•
Nov 07, 2026

Pharmaceutical innovation and access to medicines are closely connected aspects of public health. While patent protection can encourage investment in research

Can Public Health Override a Pharmaceutical Patent? The BPaL Patent Dispute in India
News & Updates, Thought Leadership
•
Nov 04, 2026

Imagine discovering an Instagram account using your company’s name, a website offering products under a deceptively similar identity, or an AI-generated

Can AI Steal Your Brand Identity? Trademark Squatting and AI Misuse in India
News & Updates, Thought Leadership
•
Nov 02, 2026

First published by AsiaIP. Author: Lakshmidevi Somanath Copyright law has traditionally addressed the asymmetry between the costs of creating a work and

What is Copyright Worth When Machines Do the Creating? Lessons from Streaming and Gaming