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Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguous

The Delhi High Court recently ruled that the Indian Patent Office (IPO) must clearly and unambiguously articulate objections to patent applications. This case involved Microsoft’s patent application for “Discovery of Secure Network Enclaves,” which was rejected by the IPO for lacking inventive step and violating disclosure requirements. The Court found the IPO’s objections to be ambiguous and procedurally irregular, thereby stressing on fair hearings and proper communication during the patent examination process. Continue Reading Objections regarding insufficiency of disclosure in…
March 8, 2024 Case Reviews, Intellectual Property, Patents 0Comment 75Views 0Like
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PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.

The Madras High Court has overturned a Patent Office decision that rejected Microsoft’s patent application for “Message Communication of Sensor and other Data.” The Court clarified that the “person skilled in the art” (PSITA) used to assess the inventive step is not omniscient and cannot be presumed to possess the inventive solution claimed in the patent. Continue Reading PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.
March 6, 2024 Case Reviews, Intellectual Property, Patents 0Comment 81Views 0Like
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Is a system for ‘Selectively Displaying Physical Address’ unpatentable as a business method?

Learn how a system for concealing user addresses in online transactions was deemed patentable, distinguishing it from excluded “business methods.” Gain insights for navigating patent applications in the digital age. Continue Reading Is a system for ‘Selectively Displaying Physical Address’ unpatentable as a business method?
February 26, 2024 Case Reviews, Intellectual Property, Patents 0Comment 126Views 0Like
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Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

Protein-free foaming innovation revived! Madras High Court overturns patent refusal due to Controller’s failure to address key arguments and consider crucial differences from prior art. This judgment highlights the importance of thorough analysis and considering applicant submissions in patent decisions. Continue Reading Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside
February 22, 2024 Case Reviews, Intellectual Property, Patents 0Comment 140Views 0Like
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Madras High Court provides clarity on Proof of Right, says date of assignment and date of declaration are different.

In this case, the Madras High Court sheds light on proving applicant’s right, emphasizing the difference between assignment and declaration dates. This case offers insights for smoother patent applications in India and is likely to provide much-needed clarity to Applicants and Controllers alike who often encounter the same or similar objections relating to proof of right under Section 7(2) and Rule 10 of the Patents Act. Continue Reading Madras High Court provides clarity on Proof of Right, says date of…
February 21, 2024 Case Reviews, Intellectual Property, Patents 0Comment 179Views 0Like
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Review and Reversal of Patent Refusal Orders by the Madras High Court

Madras High Court supports three inventions by overturning three patent refusals on grounds of Lack of valid grounds (RTA-408 case), failure to consider inventive features (fluidized bed boiler case) and procedural error (fuel temperature control case). Continue Reading Review and Reversal of Patent Refusal Orders by the Madras High Court
February 21, 2024 Case Reviews, Intellectual Property, Patents 0Comment 183Views 0Like
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Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court

Madras High Court overturned patent refusal for “Image Construction Apparatus” due to insufficient reasoning from the Controller regarding inventive step and Section 3(k). The Court criticized failure to consider the fact that the European Patent Office (EPO) had granted a patent based on the same prior art references and the disregard to analyze technical aspects per Section 3(k). Continue Reading Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High…
February 17, 2024 Case Reviews, Intellectual Property, Patents 0Comment 233Views 0Like
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