Skip to main content

Pravin Anand and Prachi Agarwal talk about the guidelines issued by the Delhi High Court regarding procedures in patent matters that involve technical expert witnesses.

Patent matters are highly technical in nature, relating to new inventions in various scientific and technical fields, so the opinions of experts in these fields, whose testimony is trustworthy, reliable and supported by documents, becomes crucial.

In two recent Indian patent cases where the final arguments were heard after a fully-fledged trial, the courts emphasized the importance of expert testimony in patent matters to adjudicate upon the issue of patentability of the invention and to prove infringement.

Expert evidence is required in matters that are outside the knowledge and experience of the layperson, and the scientific question involved is assumed to be not within the court’s knowledge.

As has also been pointed out by the Apex Court in India, “where the science involved is highly specialized and perhaps even esoteric, the central role of an expert cannot be disputed”.

Read more on Asia Business Law Journal.

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
•
Sep 29, 2026

A person’s identity was once understood as something inseparable from the person. In the digital economy, it can also become an asset: a name that

Right to Publicity in India: From Celebrity Image to AI-Generated Identity
News & Updates, Thought Leadership
•
Sep 25, 2026

India’s startup ecosystem is becoming increasingly innovation-led, and the country’s intellectual property numbers offer an interesting glimpse into

India’s IP Numbers Tell a Bigger Story  About Startup Founders in India
News & Updates, Thought Leadership
•
Sep 21, 2026

First published by Asialaw. By: Lakshmidevi Somanath The law currently provides creators exclusive rights over their creation for a limited time, which

From Innovation Incentives to Technology Diffusion: Protecting IP Created by Agentic AI
News & Updates, Thought Leadership
•
Sep 21, 2026

First published by Lexology. Authors: Lakshmidevi Somanath and Kanishka Vaish I. INTRODUCTION The analysis of intellectual property licensing has usually

IP Licenses in Hybrid form and Royalty Payments Post-Patent Expiration: Balancing Patent Expiration and Continuing Rights to Trade Secrets and Know-How