The Madras High Court overturned a patent rejection due to improper citation of withdrawn prior art, directing a fresh examination. The case highlights the necessity for strict compliance with procedural safeguards in Indian patent proceedings.
Read more about Patent Application Rejection Set Aside for Improper Citation of Withdrawn Prior ArtAuthor: Gaurav Mishra
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.
“Liv-52 versus Liv-40.” In the game of Trademarks you “Liv” or you die!
The Delhi High Court granted an interim injunction in favour of Himalaya, finding AB Allcare’s use of Liv-40 and similar trade dress to be deceptively similar to Liv.52. This case highlights critical aspects of trademark and trade dress protection in India.
Read more about “Liv-52 versus Liv-40.” In the game of Trademarks you “Liv” or you die!Section 3(j), Essentially biological processes and human intervention
The Madras High Court considered whether human intervention in a plant breeding method excluded it from section 3(j) of the Patents Act. The case was remanded to the Patent Office, underlining the importance of clear reasoning in patent refusals involving essentially biological processes.
Read more about Section 3(j), Essentially biological processes and human interventionCentury Ply’s claims of Trademark infringement do not fly, rules court
The Delhi Tis Hazari Court rejected Century Ply’s trademark infringement claims against Balaji Ply, citing lack of direct evidence and reliance on hearsay. The court dismissed the suit and awarded costs to the defendant after finding the plaintiff unable to prove its allegations.
Read more about Century Ply’s claims of Trademark infringement do not fly, rules courtCourt 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 registration and addresses the boundaries of industrial design protection.
Read more about Court Lifts injunction on Tractor-Forklift DesignAnother 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 hearing. The order highlights the importance of fair hearing practices in Indian trademark law.
Read more about Another Dis’connected’ order by the registry, set aside by the CourtPatent 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 protecting inventors’ scientific temper and ensuring time-bound decisions under Indian patent law.
Read more about Patent examination should not kill the scientific temper of an inventorNew 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 the patent examination process in India.
Read more about New claims, Old claims, and Claim Amendments: Section 59 of the Patents ActStandard 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 structured approach clarifies key aspects of SEP litigation in India.
Read more about Standard Essential Patents, Claim charts and Infringement – Ericsson v. Lava – Part 4Patent 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 reasoned decisions in Indian patent law proceedings.
Read more about Patent refusal order set aside, matter remanded back for DeNovo consideration