This IP newsletter covers categories of updates relating to Legal Updates, Industry Spotlight, Case Studies and Precedents, Practical Insights for IP Professionals, Upcoming Events and Webinars, and Spotlight on Innovation.
Intellectual Property (IP) Rights Updates
1. USPTO Launches Patent Fraud Detection and Mitigation Working Group
On April 16, 2025, the USPTO launched the Patent Fraud Detection and Mitigation Working Group, focusing on monitoring suspicious filings, addressing erroneous certifications, reviewing misrepresentations, and implementing administrative sanctions.
2. USPTO Suspends Expedited Design Application Examinations
The USPTO announced on April 14, 2025, that it has suspended expedited examination of design applications effective April 17, 2025. This decision follows a 560 percent surge in requests for expedited examination in recent years, driven largely by fraudulent applications.
3. Jack Dorsey and Elon Musk Call for Abolition of "All IP Law"
In a post on X on April 14, 2025, Twitter co-founder Jack Dorsey declared "delete all IP law," a sentiment quickly endorsed by Elon Musk. USPTO Acting Director Coke Morgan Stewart defended IP rights, emphasizing their role in empowering individuals and small businesses by providing the legal infrastructure necessary for innovation to flourish.
4. Landmark Supreme Court Decision on Copyright vs Design Law
The Supreme Court of India delivered a groundbreaking judgment on April 17, 2025, in Cryogas Equipment Pvt. Ltd. & LNG Express India Pvt. Ltd. v. Inox India Ltd., establishing a crucial framework for distinguishing between copyright and design protection. The Court established a two-pronged test to determine whether a work falls under copyright or design protection, clarified that works reproduced more than fifty times in industrial processes lose copyright protection under Section 15(2) of the Copyright Act, and provided clarity for businesses regarding the protection of engineering drawings and designs.
5. Delhi High Court Addresses Patent Application for Rotigotine TTS
The Delhi High Court has set aside an order passed by the Deputy Controller of Patents and Designs which refused to proceed with the patent application for the invention titled "Polyvinylpyrrolidone for the Stabilization of a Solid Dispersion of the Non-crystalline Form of Rotigotine." The patent application pertained to a transdermal therapeutic system (TTS) designed to offer enhanced stability of rotigotine, a drug used to treat Parkinson's Disease and related disorders.
6. Doon School Trademark Infringement Case
The Dehradun Commercial Court has issued an interim order restraining Doon School Srinagar from using the name "The Doon School," citing trademark infringement. The order, dated March 22, was passed after the Srinagar institution failed to respond to the petition filed by the original Doon School, a 94-year-old institution with a registered trademark since 2014. The Court has also barred media platforms from publishing any content related to "The Doon School" during the ongoing legal proceedings.
7. Google Faces Sanctions Request in Location Tracking Patent Fight
Google is facing a request for sanctions in a New York federal court from a location tracking patent owner in litigation accusing the search engine giant of infringement. The patent owner alleges that Google either destroyed or failed to properly preserve key evidence.
8. Qualcomm Judge Bemoans 'Inefficiency' In Patent Fights
A Florida federal judge has scheduled a third hearing on claim construction in a ParkerVision Inc. lawsuit against Qualcomm Inc. over wireless communications patents, while commenting about "the inefficiency of patent litigation". This case highlights the ongoing challenges in patent litigation procedures.
9. Draft CRI Guidelines 2025
The Indian Patent Office released new draft guidelines for Computer-Related Inventions (CRI) in March 2025, marking a significant development in software patent examination. Key features include a three-step test for patentability (identification of actual contribution, assessment of technical effect, determination of industrial applicability), requirements for AI integration (hardware integration or significant technical effect for patentability), and an extended deadline to April 30, 2025, for stakeholder feedback.
10. Evolution & Current State of Patent Eligibility of Biotech Innovations
The biotech patent landscape faces new challenges, especially around recombinant nucleic acids. In REGENXBIO v. Sarepta, a U.S. court ruled that combining natural DNA sequences without modification isn't patent-eligible under §101—a decision that could affect future gene therapy claims. A Biocom California panel on April 15 will explore its broader impact on biotech IP strategy.
Case Studies and Precedents
1. Federal Circuit Denies SAP's Transfer Request
The US Court of Appeals for the Federal Circuit denied a mandamus petition from SAP requesting transfer from the Marshall division to the Sherman division within the US District Court for the Eastern District of Texas. The Court found that there was no clear error or abuse of discretion in the district court's decision to deny transfer.
2. Google LLC v. Oracle America, Inc.
The U.S. Supreme Court ruled in favor of Google, stating that its use of Java APIs in Android was considered "fair use" under copyright law. This decision had significant implications for software development, shaping how companies can legally use APIs in innovation.
3. Robin Thicke and Pharrell Williams v. Marvin Gaye's Estate
A U.S. court held that the song "Blurred Lines" by Robin Thicke and Pharrell Williams infringed on Marvin Gaye's hit "Got to Give It Up." The artists were ordered to pay $5 million in damages, reinforcing the importance of copyright protection in the music industry.
4. Zyla Life Sciences, L.L.C., versus Wells Pharma of Houston, L.L.C.
In Zyla Life Sciences v. Wells Pharma, the Fifth Circuit reversed a district court's dismissal of Zyla's claims, ruling that state laws mirroring the FDCA are not preempted. Zyla alleged that Wells Pharma's sale of non-FDA-approved compounded drugs violated state laws based on federal drug approval standards. The court reaffirmed that parallel state laws do not conflict with the FDCA and remanded the case for further proceedings.
Practical Insights for IP Professionals
In the pharmaceutical industry, patents are closely tied to regulatory approval processes, like those managed by the FDA (U.S. Food and Drug Administration) or EMA (European Medicines Agency). Patents on a new drug molecule can extend exclusivity, giving the inventor market protection for a set period, while generic drugs may challenge patents to gain market entry.
" Patent Linkage:
IP professionals must understand the intersection of patents and regulatory exclusivity. A well-structured patent strategy will help prevent generic manufacturers from entering the market prematurely by challenging patent validity.
Example: "Orange Book" listings in the U.S. associate approved drug products with their patents, providing a tool for managing market exclusivity.
As AI plays an increasing role in drug discovery, IP professionals must consider how these technologies fit within existing patent frameworks. AI-generated inventions raise novel issues about inventorship and ownership of AI-developed innovations.
" Ethical and Regulatory Developments:
With the rise of CRISPR, gene therapies, and precision medicine, IP professionals must stay attuned to ethical debates and evolving regulatory frameworks. There may be restrictions or specific ethical considerations involved in patenting these cutting-edge technologies.
Example: As AI tools are used in drug discovery, there may be questions about whether the AI system or the human researcher should be listed as the inventor. IP professionals need to stay informed on how courts or patent offices are addressing such issues.
Upcoming Events and Webinars
- April 29th - World Intellectual Property Day 2025 at FICCI.
- April 29, 2025: CII Global Innovation and IP Summit – a national platform focused on building a future-ready technology and IP ecosystem through innovation, strategic leadership, and global partnerships.
- May 12 – May 16, 2025: 53rd Session of the IPC Union-IPC Revision Working Group.
- May 30 to June 3, 2025 - Workshop on Access to Medicines, TRIPS, and Patents.
Spotlight on Innovation
- Unified Patent Court in Europe the European Union's Unified Patent Court, launched in 2025, simplifies patent enforcement across member states, making it easier for businesses to protect their innovations internationally
- AI-Generated Patent Filings Surge: In 2025, AI-assisted patent applications have reached record numbers, with companies leveraging machine learning to automate prior art searches and optimize patent drafting. This shift is reshaping IP law, prompting discussions on AI inventorship and ownership rights
- Extended Reality (XR) for Training and Education: XR technologies, including virtual reality (VR) and augmented reality (AR), are being widely adopted for corporate training, medical simulations, and immersive education. In 2025, companies are leveraging XR to enhance employee skill development and interactive learning experiences
- Insilico Medicine uses artificial intelligence to accelerate drug discovery. By combining AI with genomics and bioinformatics, the company identifies potential drug candidates for diseases like cancer and fibrosis much faster than traditional methods. This AI-driven approach is set to shorten the path from discovery to clinical trials, enabling more efficient and targeted treatments in the future.
- CRISPR-Cas9 has revolutionized genetic engineering by allowing precise DNA modifications. This technology opens new possibilities in medicine and agriculture, offering potential cures for genetic disorders like sickle cell anemia and enhancing crop yields. Its high precision significantly advances gene therapy research, contributing to efforts to treat previously untreatable diseases.
- Engineered microglia show promise for treating Alzheimer's and other brain diseases: A new way to deliver disease-fighting proteins throughout the brain may improve the treatment of Alzheimer's disease and other neurological disorders, according to scientists. By engineering human immune cells called microglia, the researchers have created living cellular 'couriers' capable of responding to brain pathology and releasing therapeutic agents exactly where needed.
Industry Spotlight
- Space Tourism Technologies Redefining Travel: Private spaceflight is accelerating with advanced propulsion systems, next-generation spacecraft, and orbital habitats designed for commercial use. These innovations enhance safety, efficiency, and accessibility, making space tourism more viable. Leading aerospace companies, based on the number of patents filed, are pushing the boundaries of off-Earth travel, shaping the future of sustainable and immersive space experiences.
- Life Sciences Innovations in Gene Editing and Personalized Medicine are revolutionizing healthcare by offering highly targeted treatments tailored to individual genetic profiles. Technologies like CRISPR-Cas9 and AI-driven drug discovery are accelerating the development of therapies for previously untreatable genetic disorders and cancers. These advancements are transforming medical research, enabling faster drug development, and offering hope for precision treatments that minimize side effects. Leading industry players, known for their cutting-edge research and patent portfolios, are at the forefront of this medical revolution, driving the future of personalized healthcare and genetic therapies.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
