Monday, February 9
Lawyers in India

Intellectual Property

Patents Act, 1970 — Sections 14, 15, 25(1) and Rule 55(5) — Examination and pre-grant opposition — Distinct and independent proceedings — Requirement of separate hearings where objections or prior art differ — Composite order must demarcate examination and opposition findings — Mechanical adoption of opponent’s submissions vitiates order — Violation of natural justice warrants remand to different Controller for fresh consideration — Appeal allowed.

Held: Where FER objections and opposition grounds are not identical and new prior art is introduced in opposition, separate hearings under Sections 14 and 25(1) are mandatory. Controller must independently apply mind and provide reasons. Pre-grant opponent has no locus in examination proceedings. Matter remanded for de novo consideration with liberty to all parties on merits

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AI can now make things that look like they were made by humans like art, music, stories, code, designs, and even new inventions. This raises a big question: who should own these creations, and why?

Courts and governments are trying to decide rules about authorship, originality, ownership, and copying. The challenge is to support human creators while also allowing AI to grow responsibly.

To make this work, we need clear rules about how AI uses training data, what counts as fair use and how licensing works.

These rules should be supported worldwide to protect creativity, attract investment, stop misuse, and let AI help humans instead of replacing them.

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