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' Featured image for article: Failure to consider Post-filing data violates natural Justice, reiterates Calcutta High Court

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.

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

Gavel, law books, and justice scale beside the text "Revocation Is Distinct from Invalidity Defence and Survives Patent Expiry, Rules Delhi High Court" on a dark blue background. Featured image for article: 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.

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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 Featured image for article: Risdiplam – 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...

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When Delay Becomes Denial: Calcutta High Court Overturns Patent Rejection

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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...

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