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
May 29, 2025

‘First published on Lexology’ By: Sandhya Singh, Sampada Kapoor and Kritika Gandhi Trademarks play a pivotal role in distinguishing the goods or services

Heir of the Family Trademarks
Thought Leadership
May 15, 2025

‘First published on India Business Law Journal’ By: Pravin Anand, Dr. Ajai Garg and Alvin Antony The ascendancy of large language models (LLMs) has

Navigating the AI frontier: India’s sovereign LLM quest
Thought Leadership
Apr 30, 2025

‘First published on Asia IP’ By: Prachi Agarwal and Manan Mondal In a significant ruling, the Division Bench of the Delhi High Court in Wipro Enterprises

Senior user versus junior user: Delhi High Court confirms passing off in a trademark dispute
Thought Leadership
Apr 29, 2025

‘First published on IP Stars’ By: Safir Anand, Omesh Puri and Abhishek Paliwal As the world changes and technology grows fast, the way we think about

The future of trademarks: shaping tomorrow’s brand identity