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.
Read more about Failure to consider Post-filing data violates natural Justice, reiterates Calcutta High CourtAuthor: 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.
Revocation is Distinct from Invalidity Defence and Survives Patent Expiry, rules Delhi High Court
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.
Read more about Revocation is Distinct from Invalidity Defence and Survives Patent Expiry, rules Delhi High CourtRisdiplam – Spinal Muscular Atrophy Case: Delhi HC Favors Public Health Over Roche Patent
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...
Read more about Risdiplam – Spinal Muscular Atrophy Case: Delhi HC Favors Public Health Over Roche PatentWhen 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...
Read more about When Delay Becomes Denial: Calcutta High Court Overturns Patent Rejection