Author: Intellepedia

Failure to Disclose Prior Art in Hearing Notice Violates Procedural Fairness, Rules Calcutta High Court

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Introduction The Calcutta High Court recently overturned the Controller’s decision to reject a patent application in the case of UCB Pharma GmbH & Anr. v....

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Toy Building Block Design: Defendant’s silence equals admission of infringement

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Introduction In this case, Bol7 Technologies Pvt. Ltd. (“Bol7” or “Plaintiff”) filed a suit for a permanent injunction against Flipkart Internet Private Limited & Ors....

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Non Use of Trademark Leads to Cancellation: Delhi High Court favors Zepto

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The Delhi High Court, in an ex-parte decision, ordered the removal of the ‘ZEPTO’ trademark registered by Mohammad Arshad in Class 35, upholding Kiranakart’s claim of non-use. The judgment affirms that trademarks must be actively used to retain validity under Section 47 of the Trade Marks Act.

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Regents’ Patent on Live Salmonella Vaccine Fails to Meet Disclosure Requirements, Court Rules

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The Delhi High Court recently upheld the Controller of Patents' decision to reject an appeal filed by the Regents of the University of California (hereafter...

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From Algorithms To AI: Patentability Under The 2025 CRI Draft Guidelines

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The 2025 Draft CRI Guidelines issued by the Indian Patent Office refine the criteria for patentability of Computer Related Inventions (CRIs), emphasizing technical effect, inventive step, sufficiency of disclosure, and proper claim drafting for AI, blockchain, and emerging technologies.

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Patentability vs. Procedure: Finding the Right Balance during patent examinations

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The Delhi High Court ruled in favor of Arcturus Therapeutics, overturning the Controller’s rejection of its patent application on procedural grounds. The Court emphasized that procedural compliance should not override substantive examination, directing the Patent Office to reassess the application on its merits.

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Madras High Court Dismisses Patent Infringement Suit, Allows Coexistence of Technologies

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The Madras High Court ruled on a patent infringement dispute involving Arumugam Rajendra Babu and Ashok Leyland over battery-swapping technology. The Court found no infringement and dismissed both the suit and counterclaims, allowing both parties to coexist. The ruling addressed prior art, novelty, and the scope of patent protection in the electric vehicle sector.

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The Battle for Respect continues: Sammaan Capital v. Svamaan Financial

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The Delhi High Court addressed the appeals in the Sammaan Capital v. Svamaan Financial trademark dispute. The case involved phonetic similarity, consumer confusion, and corporate branding rights. The Court maintained the status quo, requiring disclaimers in advertisements and setting a final hearing for April 2025.

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