Trap Purchases and Manufactured Jurisdiction in Indian IP Litigation A study of SML Ltd. v. M/s Happy Agro Chemicals and the doctrine of trap transactions Introduction In intellectual property disputes, few procedural issues matter as much as deciding where a case can be filed. The choice of court often shapes the entire journey of the case — from how quickly interim orders are granted, to the attitude of the local lawyers, to the practical burden placed on a defendant who must fight far from home. Because the forum is so important, plaintiffs sometimes try to influence it. The most common method is the trap purchase : a test buy arranged by the plaintiff, where an investigator pretends to be a regular customer, purchases the allegedly infringing product, and keeps the invoice and packaging. Later, this evidence is used not only to show infringement but — more controversially — to argue that the cause of action arose within the territory of the chosen court. Tra...
China Unveils Major Amendments to Patent Examination Guidelines: New Standards for AI, Biotechnology, and Dual Filings Take Effect January 1, 2026
Summary The China National Intellectual Property Administration (CNIPA) has announced comprehensive amendments to the Patent Examination Guidelines, effective January 1, 2026. The revised Guidelines introduce significant changes to inventor disclosure requirements, dual filing procedures, inventiveness assessment standards, re-examination protocols, and specialized examination criteria for artificial intelligence and bitstream-related inventions, marking a substantial modernization of China's patent examination framework. Overview of the Revised Guidelines On January 1, 2026, the China National Intellectual Property Administration (CNIPA) will implement substantially revised Patent Examination Guidelines , introducing fundamental changes to patent examination procedures, substantive assessment criteria, and administrative practices. These amendments represent the most comprehensive update to China's patent examination framework in recent years, addressing emerging technolog...