In Hirotsu Bio Science v. Assistant Controller of Patents and Designs, the Delhi High Court held that branding a process as “in vitro detection” does not rescue it from Section 3(i) when, in substance, it diagnoses cancer. The nematode-based urine test was thus refused as an excluded diagnostic method.
Read more about ‘In Vitro Detection’ Still Diagnostic: Nematode Cancer Test Barred under Section 3(i)Author: Neetha Mohan
Dr. Neetha Mohan is a Patent Associate at BananaIP Counsels, a leading intellectual property firm in India. She regularly publishes case reviews and insights on patent law.
The views expressed in his articles and posts on Intellepedia are personal and do not represent those of BananaIP Counsels or its members.
Dr Reddy’s Semaglutide Exports to Continue as Court Denies Interim Relief to Novo Nordisk
The Delhi High Court refused Novo Nordisk interim relief against Dr Reddy’s, finding that the Semaglutide species patent faces serious validity challenges in light of the earlier genus patent. The Court allowed Dr Reddy’s to continue manufacturing Semaglutide in India solely for export to non-patent jurisdictions, with no domestic sales.
Read more about Dr Reddy’s Semaglutide Exports to Continue as Court Denies Interim Relief to Novo NordiskCan Claims Presumptively Inherit the Priority Date of a Provisional Application?
In Rallis India Limited v. Deputy Controller of Patents and Others, the Madras High Court refused to assume that claims automatically inherit the priority date of a provisional, especially where the crucial EC formulation emerges only in the complete specification. The decision pushes the Patent Office to treat priority and prior art questions as matters for analysis, not default settings.
Read more about Can Claims Presumptively Inherit the Priority Date of a Provisional Application?Conduct and Misconduct: A New Disciplinary Framework for Patent Agents under the Draft Patents Rules
The draft amendments to the Patents Rules, 2003 seek to bring both conduct and misconduct of patent agents within a clear disciplinary framework. This piece walks through the proposed code, procedures and consequences that may soon shape everyday patent practice.
Read more about Conduct and Misconduct: A New Disciplinary Framework for Patent Agents under the Draft Patents RulesFMC Corporation’s Plea to Block Natco’s Cyantraniliprole Insecticide Formulation Denied
Delhi High Court refused FMC’s interim plea on a Cyantraniliprole intermediate, citing credible invalidity under Sections 64(1)(a) and 64(1)(e) and a tenable Gillette defence. With expiry close, damages suffice rather than an injunction.
Read more about FMC Corporation’s Plea to Block Natco’s Cyantraniliprole Insecticide Formulation DeniedSection 3(i) and Diagnostic Patents: Court Upholds Refusal of Prenatal Testing Method
Delhi HC rules Sequenom’s NIPT methods are excluded as “diagnostic” under Section 3(i) and hit by 3(b) for sex selection concerns, while keeping the door open for tools and products.
Read more about Section 3(i) and Diagnostic Patents: Court Upholds Refusal of Prenatal Testing MethodRoche’s Appeal Dismissed, Path Open for Affordable Risdiplam in India
The Delhi High Court dismissed Roche’s appeal against Natco Pharma, finding the Risdiplam patent prima facie obvious due to its similarity with prior genus patents, paving the way for affordable generic SMA treatment in India.
Read more about Roche’s Appeal Dismissed, Path Open for Affordable Risdiplam in IndiaStrategic Delay Costs Novartis Its Cross-Examination Rights
The Delhi High Court dismissed Novartis’s writ petitions, ruling it had waived cross-examination by opting for rebuttal evidence. The Controller’s orders were upheld, with the patent already revoked days earlier.
Read more about Strategic Delay Costs Novartis Its Cross-Examination RightsAmgen’s Lyophilized Peptibody Patent Upheld by Madras High Court
Madras High Court backs Amgen on lyophilized peptibody formulations, rejecting Section 3(d), 3(e) and inventive step objections. Grant directed, with claims narrowed to supported sequences.
Read more about Amgen’s Lyophilized Peptibody Patent Upheld by Madras High CourtSquibb Secures Interim Injunction Against Zydus in Nivolumab Patent Dispute
The Delhi High Court has issued an interim injunction restraining Zydus from launching its Nivolumab biosimilar, siding with Squibb’s claim of imminent patent infringement.
Read more about Squibb Secures Interim Injunction Against Zydus in Nivolumab Patent Dispute