Gaurav Mishra | Intellepedia

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.

Patent Wish List – 2017

This post outlines key improvements desired for the Indian patent system in 2017, including efficient examination, clearer amendment rules, and greater transparency. It also recommends provisions for reviving abandoned applications and implementing the Patent Prosecution Highway.

Government Bats for US trained Patent Examiners

The Indian government’s plan to engage US trained patent examiners has sparked debate over efficiency and policy direction in the patent office. This post analyses the benefits, concerns, and broader implications for India’s patent examination system.