In a recent case the Madras High Court upheld Akebia Therapeutics’ appeal on its anaemia treatment patent, interpreting Section 59 to allow claim amendments from treatment methods to compositions, as long as they’re disclosed in the original application. The case underscores the significance of well-documented specifications in pharmaceutical patents.
Read more about Akebia’s patent for Anemia therapy gets fresh blood from CourtAuthor: Gaurav Mishra
Patent Claim Amendments – Court’s observation of amendments to systems, methods and use claims
The Calcutta High Court remanded a patent application back to the Controller of Patents, citing infrimities in evaluating claim amendments. The Court stressed that mere change in claim types—method to system—without analyzing technical substance cannot justify rejection under Section 59 of the Indian Patents Act.
Read more about Patent Claim Amendments – Court’s observation of amendments to systems, methods and use claimsWhat Have You Been Smoking? Personal bias has no place in Tobacco patent evaluation
The Calcutta High Court has criticised the arbitrary rejection of a tobacco syrup patent by the Indian patent office, urging objective analysis over personal bias. It held that Section 3(b) must not be misused to deny legitimate inventions without proper legal scrutiny and evidence.
Read more about What Have You Been Smoking? Personal bias has no place in Tobacco patent evaluation