Court Lifts injunction on Tractor-Forklift Design
The Madras High Court lifted an injunction on a tractor-forklift design, finding the design not new or original under Indian law. The case highlights the requirements for design…
Gaurav Mishra
231 articles
Gaurav Mishra is an intellectual property attorney, coffee entrepreneur, and passionate educator. As an Associate Partner at BananaIP Counsels, he specializes in patents, trademarks, copyrights, and designs, working with global tech and innovation-driven clients.
Another Dis’connected’ order by the registry, set aside by the Court
The Calcutta High Court set aside a trademark refusal for Electronica India due to lack of reasoning and significant procedural lapses, instructing the registry to provide a fresh…
Patent examination should not kill the scientific temper of an inventor
The Madras High Court set aside the rejection of Industeel France’s patent application, stressing the need for fair and consistent patent examination. The judgment highlights the importance of…
New claims, Old claims, and Claim Amendments: Section 59 of the Patents Act
This post examines a Madras High Court ruling on Section 59 of the Patents Act regarding patent claim amendments. The Court clarified procedural requirements and applicant rights during…
Standard Essential Patents, Claim charts and Infringement – Ericsson v. Lava – Part 4
This post discusses how the Delhi High Court assessed infringement of standard essential patents in Ericsson v. Lava, evaluating claim charts and the two-step infringement test. The court’s…
Patent refusal order set aside, matter remanded back for DeNovo consideration
The Delhi High Court set aside a patent refusal order under section 15 of the Patents Act, directing a de novo reconsideration. The case underscores the need for…
Patent (Amendment) Rules 2024 come into effect, significant changes introduced.
The Patent (Amendment) Rules 2024 bring notable procedural changes to the Indian patent system, including shorter timelines, new forms, and updated requirements. These amendments aim to simplify processes…
Kudos Pharma v. Natco Pharma: A case on patent claims, coverage, validity and infringement.
The Delhi High Court’s decision in Kudos Pharma v. Natco Pharma reviews crucial aspects of patent law, including credible challenge and the distinction between patent coverage and disclosure.…
Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguous
The Delhi High Court has reiterated that objections on insufficiency of disclosure in patent applications must be clear and precise. Procedural lapses by the Indian patent office can…
PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.
The Madras High Court has overturned the refusal of Microsoft’s patent application, clarifying the correct approach to assessing inventive step and the PSITA standard under Indian law. The…