The Delhi High Court set aside a Patent Office order rejecting Gogoro Inc’s application for lack of inventive step, citing inadequate reasoning. The case was remanded for proper analysis under Section 2(1)(ja) of the Patents Act.
Read more about Without Proper Inventive Step Analysis, Patent Office’s Order is Unreasoned – Says Delhi High CourtAuthor: Dr. Kalyan Kankanala
Dr. Kalyan Kankanala is a practicing intellectual property (IP) attorney and author. He is a senior partner at BananaIP Counsels, a well-known IP firm based in Bangalore, India. His writings cover a range of topics relating to IP law, business, and policy, and he has authored several books and articles in the field. He has been contributing to this blog since 2007.
The views expressed here are his own and do not represent those of BananaIP Counsels or its members.
Accessibility is Mandatory for Businesses says CCPD
The Chief Commissioner for Persons with Disabilities has clarified that accessibility requirements under the RPwD Act apply to private businesses. Private establishments must ensure their services, especially information and communication technology products, meet prescribed accessibility standards to remain compliant.
Read more about Accessibility is Mandatory for Businesses says CCPDDivisional Applications cannot exceed scope of Parent Application: Delhi High Court
The Delhi High Court has clarified that divisional applications under the Patents Act must not exceed the scope of the parent application and require plurality of inventions in the original claims. This decision reinforces the primacy of claims in determining the scope of patent protection.
Read more about Divisional Applications cannot exceed scope of Parent Application: Delhi High CourtDelhi High Court asks the Patent Office to decide on amendments and give adequate opportunity in Opposition Proceedings
The Delhi High Court has provided clear procedural guidance for patent opposition proceedings, focusing on transparency and fair opportunity for all parties. The judgment underscores the importance of timely decisions on claim amendments and systematic handling of pre-grant oppositions by the Indian Patent Office.
Read more about Delhi High Court asks the Patent Office to decide on amendments and give adequate opportunity in Opposition ProceedingsPost-Grant Patent Opposition, Evidence and Hearings: Role of Patent Office, Opposition Board, and Parties
This post provides an analytical overview of the procedures and legal standards for post-grant patent opposition in India. It examines the Delhi High Court’s guidance on evidence, hearings, and the respective roles of the Patent Office and Opposition Board, underscoring the need for transparency and timely adjudication.
Read more about Post-Grant Patent Opposition, Evidence and Hearings: Role of Patent Office, Opposition Board, and PartiesHigh Court permits delayed trademark evidence because of E-portal upload issues
The Delhi High Court permitted delayed filing of trademark opposition evidence due to e-portal upload limits, clarifying statutory timelines under trademark rules. This case illustrates how technical challenges in e-filing are addressed by the judiciary to ensure procedural fairness in trademark proceedings.
Read more about High Court permits delayed trademark evidence because of E-portal upload issuesHigh Court remands Patent Office’s Legally Infirm and Unreasoned Order
The Delhi High Court remanded a Patent Office order in a patent grant case for being legally infirm and unreasoned. The judgment underscores the importance of detailed reasoning and adherence to the principles of natural justice in patent proceedings.
Read more about High Court remands Patent Office’s Legally Infirm and Unreasoned OrderDraft National Policy for Persons with Disabilities – Comments and Suggestions
This article reviews the Draft National Policy for Persons with Disabilities, offering structured comments and recommendations for its improvement. It covers aspects such as housing, professional opportunities, higher education, entrepreneurship, and private sector responsibilities, with an emphasis on accessibility and non-discrimination.
Read more about Draft National Policy for Persons with Disabilities – Comments and SuggestionsDelhi High Court seeks Prof. Arul George Scaria’s Opinion on use of Music in Marriage Ceremonies
The Delhi High Court has requested Professor Arul George Scaria’s expert opinion on whether music use in marriage ceremonies is exempt under Section 52 of the Copyright Act. This decision will have important consequences for music licensing and copyright enforcement in India.
Read more about Delhi High Court seeks Prof. Arul George Scaria’s Opinion on use of Music in Marriage CeremoniesIndian IP Office issues Accessibility Guidelines for Persons with Disabilities
The Indian IP Office has released guidelines to enhance accessibility and provide reasonable accommodations for persons with disabilities. These measures aim to support inclusive participation in IP matters and ensure compliance with recent legal standards.
Read more about Indian IP Office issues Accessibility Guidelines for Persons with Disabilities