Patents Archives

Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered under Section 3(i) Exclusion

The Madras High Court has overturned the rejection of Kymab Limited’s patent application related to generating antibodies in non-human mammals. The Court found that the invention does not fall under Section 3(i) of the Patents Act, 1970, as it is not a method for treating animals but a process for producing antibodies using genetically modified animals. The patent is now set to be granted. Continue Reading Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered…

October 8, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 60Views 1Like

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Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiterates

The Delhi High Court overturned the Deputy Controller’s decision rejecting Axcess Limited’s patent application. The Court ruled that the amended claims were within the scope of the original application and remanded the case for fresh consideration, providing guidance on permissible amendments under the Patents Act, 1970. Continue Reading Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiterates

October 7, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 105Views 0Like

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Blackberry blacks out in case relating to patentability of algorithmic processes

This article analyzes India’s legal stance on the patentability of algorithmic processes under Section 3(k) of the Patents Act, 1970. Focusing on the Delhi High Court’s judgment in Blackberry Limited vs. Assistant Controller of Patents and Designs, the post explores key arguments, legal precedents, and implications for software patents in India. Continue Reading Blackberry blacks out in case relating to patentability of algorithmic processes

September 23, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 295Views 2Likes

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Section 3(j), Essentially biological processes and human intervention

The Madras High Court remanded Sakata Seed Corporation’s patent application, focusing on the human intervention in biological processes under Section 3(j). The Court found that the Applicant’s arguments regarding human intervention were not sufficiently addressed by the Patent Office, leading to a fresh review of the case. Continue Reading Section 3(j), Essentially biological processes and human intervention

September 17, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 244Views 4Likes

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“Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court

The Bombay High Court orders a fresh review of Seiwa Kasei’s ‘PHYTOCUTICLE’ trademark application, challenging the Registrar’s refusal for lack of distinctiveness. Continue Reading “Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court

September 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 257Views 3Likes

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Unreasoned Post Grant Opposition Decision Set Aside by the Calcutta High Court

In the case of Terex India vs. CDE Asia, the Calcutta High Court remanded the patent dispute for fresh consideration, citing procedural flaws and inadequate reasoning in the original decision. The Court emphasized the need for impartiality and ordered that the case be reviewed by a different officer to ensure a fair outcome. Continue Reading Unreasoned Post Grant Opposition Decision Set Aside by the Calcutta High Court

September 4, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 274Views 2Likes

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Computer Programs with Technical Effect such as enhancing speed and efficiency are patentable, reiterates the Delhi High Court

In an appeal decision, the Delhi High Court recently overturned the rejection of two patent applications filed by Ab Initio Technology LLC, concerning data processing methods. These applications, Nos. 6500/DELNP/2011 and 6501/DELNP/2011, were refused by the Assistant Controller of Patents and Designs on the grounds of non-patentability under Section 3(k) of the Patents Act, 1970, as they were deemed to be computer programs per se, and for failing to meet the criteria for divisional applications under Section 16(1). Ab Initio Technology…

August 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 278Views 1Like

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Indian Patent and Design Statistics 2024 (August 9th to 16th)

33rd issue of the Indian Patent Journal (16th August 2024) features 1,521 patent publications, 429 grants, and 358 registered designs. Continue Reading Indian Patent and Design Statistics 2024 (August 9th to 16th)

August 21, 2024 BananaIP Reporter Patent & Design Statistics, Patents 0Comment 257Views 0Like

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A doped order on method of doping, court clarifies

The Madras High Court confirmed the Patent Office’s rejection of IIT Madras’s patent for a method of doping potassium into ammonium perchlorate. The Court agreed with the rejection based on Sections 3(d) and 2(1)(ja) of the Patents Act, but noted procedural shortcomings in the handling of the case. Continue Reading A doped order on method of doping, court clarifies

August 20, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 258Views 2Likes

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Green Cross Crosses court’s bridge to win appeal

The Madras High Court has revoked the refusal of Green Cross’ patent application for a Hepatitis B immunoglobulin agent, citing errors in the Controller’s analysis. The court has remanded the matter to the patent office for a fresh examination, ordering a review of the claims within four months. Continue Reading Green Cross Crosses court’s bridge to win appeal

August 15, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 200Views 0Like

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Celebrating 20 Years of IP Excellence

Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered under Section 3(i) Exclusion

Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiterates

Blackberry blacks out in case relating to patentability of algorithmic processes

Section 3(j), Essentially biological processes and human intervention

“Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court

Unreasoned Post Grant Opposition Decision Set Aside by the Calcutta High Court

Computer Programs with Technical Effect such as enhancing speed and efficiency are patentable, reiterates the Delhi High Court

Indian Patent and Design Statistics 2024 (August 9th to 16th)

A doped order on method of doping, court clarifies

Green Cross Crosses court’s bridge to win appeal

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