Neetha Mohan | Intellepedia

Section 3(i) Rejections Reversed: Diagnostic Methods Must Disclose Pathology Per Se

In two recent decisions, the Madras High Court reversed patent application rejections under Section 3(i), clarifying that only diagnostic methods disclosing pathology per se fall within the exclusion. The Court remanded matters for fresh review, ensuring fair consideration and reasoned decisions by the IPO.

Anti-Cancer Patent Refusal Set Aside for Not Identifying ‘Known Substance’

A colourful collage of sticky notes spelling out the word "UNKNOWN" is placed against a green and black background, with a blurred field of black question marks in the backdrop symbolising ambiguity and lack of clarity.

In a recent ruling, the Delhi High Court overturned the rejection of an anti-cancer patent filed by Taiho Pharmaceutical. The Court highlighted that objections under Section 3(d) must explicitly state the “known substance” being referenced and directed a fresh hearing for proper assessment.

Patent on Carbon Capture Process freed from IPO refusal

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The Madras High Court has overturned the rejection of a patent on a carbon capture process, citing the Patent Office’s failure to adequately justify its decision and its reliance on new, unaddressed grounds. The Court remanded the case for a fresh hearing with a focus on technical and economic evaluations.

Can a Pre-Grant Opposition Survive After Patent Grant?

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The Delhi High Court confirmed that once a patent grant order is signed, a pre-grant opposition under Section 25(1) is no longer valid. This case involving Vertex Pharmaceuticals affirms that the signature date is definitive, regardless of later administrative delays.

Blackberry’s Patent Refusal Set Aside by Delhi High Court

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The Delhi High Court has set aside the Indian Patent Office’s refusal of Blackberry’s communication patent application. Citing a lack of reasoning and violation of natural justice principles, the Court directed a fresh evaluation of the amendments and remaining objections under the Patents Act.

Failure to consider Post-filing data violates natural Justice, reiterates Calcutta High Court

3D molecular structure with colored spheres representing atoms (carbon, hydrogen, oxygen, nitrogen) on the left, accompanied by bold black text on a light beige background that reads: 'Failure to Consider Post-Filing Data Violates Natural Justice'

The Calcutta High Court has reiterated that failure to consider post-filing data in patent applications breaches natural justice. In the Takeda case, it found the refusal of a patent for Brigatinib unjustified due to the Controller’s oversight of vital evidence and remanded the matter for reevaluation.

Revocation is Distinct from Invalidity Defence and Survives Patent Expiry, rules Delhi High Court

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The Delhi High Court held that a revocation petition under Section 64 of the Patents Act is distinct from an invalidity defence under Section 107 and remains valid post-patent expiry. The Court emphasized the broader legal impact of revocation, affirming its maintainability even when the patent has lapsed.

Risdiplam – Spinal Muscular Atrophy Case: Delhi HC Favors Public Health Over Roche Patent

Delhi High Court Denies Injunction on SMA Drug Patent, Prioritises Public Interest Over Patent Rights

The Delhi High Court, in a significant ruling dated March 24th, 2024, rejected the interim injunction application of F Hoffmann-La Roche AG (“Roche”) against Natco...

When Delay Becomes Denial: Calcutta High Court Overturns Patent Rejection

The recent judgement of the Calcutta High Court in BASF SE v. Joint Controller of Patents warrants attention for multiple reasons, particularly as it addresses...