Gaurav Mishra | Intellepedia

Shindengen’s Patent Application remanded for fresh consideration for lack of reasoned order

Illustration of a desk lamp shining light on the glowing handwritten text "Reasoned order?" set against a dark blue background.

The Calcutta High Court remanded Shindengen Electric’s 2015 patent application after finding that the rejection order lacked proper reasoning. The decision emphasised the need for administrative transparency and importance of importance of judicial reasoning.

Business Potential of Industrial Design in India – An unexplored goldmine

Illustration featuring various product designs—a glass bottle, piggy bank with money, futuristic aircraft wing, and a smartwatch—centered around the phrase "Let's Design" on a blue background, symbolising innovation and industrial design.

Though often overlooked in India, industrial design offers powerful commercial advantages. This blog explores its role in product differentiation, IP protection, and global competitiveness. With increasing design filings and cost-effective registration, it’s time Indian businesses tapped into this underused IP tool.

Why Are Patents Expensive? A guide to patent costs and value

Chalk drawing of a Pac-Man-like shape labeled "Patent" appearing to eat three dollar signs, symbolising the high costs associated with patents.

This post breaks down why patents are expensive, detailing costs across various stages, from drafting to international filings. It also explains how thoughtful investment in patent services ensures stronger protection and long-term value for innovators and businesses.

Akebia’s patent for Anemia therapy gets fresh blood from Court

Illustration featuring the headline “Court infuses fresh blood into Patent for Anemia Therapy” alongside an image of a blood bag with a red tube.

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.

Patent Claim Amendments – Court’s observation of amendments to systems, methods and use claims

Illustration of a peaceful, smiling monk in orange robes sitting cross-legged with eyes closed, surrounded by a yellow halo, under the curved text "It’s all about accepting the change" on a peach background.

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.

What Have You Been Smoking? Personal bias has no place in Tobacco patent evaluation

A cigarette crossed out with a red prohibition sign, flanked by comic-style text bubbles reading "WHAT?" on the left and "WHY!" on the right, against a blue background

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.

Frivolous inventions and abstract theories – Delhi High Court refuses patent appeal

The Delhi High Court dismissed an appeal against the rejection of a patent application due to lack of novelty and a significant procedural delay of 701 days. The appellants, who had filed a patent application for black-colored wearables with claimed effects on human energy, failed to provide scientific evidence or technical merit. The court upheld the Indian Patent Office’s decision, emphasizing that abstract ideas are not patentable and reaffirming the importance of adhering to statutory deadlines for appeals.

Differentiating Patents and Industrial Designs

The article analyses the differences between patents and industrial designs as forms of intellectual property in India. It examines legal definitions, protection criteria, statutory frameworks, and clarifies common misconceptions, providing a structured comparison for better understanding.

Indian Patent Office working at Lightning Speeds

Recent developments at the Indian Patent Office highlight a remarkable increase in the speed of patent processing and grants. Policy reforms and increased staffing have led to faster publication and examination, offering significant benefits to applicants.

Indian Patent Highlights, 2016 – Patent Office, Patent Procedure and Patent Rules

2016 marked a period of significant change for Indian patent law, with major procedural reforms and policy updates. Key highlights include the Patent (Amendment) Rules, new examination procedures, and increased support for start-ups, signalling a shift in the Indian intellectual property landscape.