Smoking is injurious to health, but patent office cannot decide that!
Philip Morris Products S.A. challenged eight patent refusals at the Delhi High Court, each rejected by the Controller under Section 3(b) of the Patents Act on the ground…
Case Reviews
628 articles
Fresh Hearing, Not Fresh Hunting: Patent Remand After Breach of Natural Justice
In the case of Qualyst Transporter Solutions LLC v. The Assistant Controller of Patents and Designs, the Court dealt with a familiar patent prosecution problem. When a refusal…
Revoked but Not Extinguished: Court Refuses to Kill Laser Patent Infringement Suits
The Bombay High Court refused to summarily dismiss patent infringement suits filed by Bharat Bhogilal Patel against TVS Electronics Ltd. and Kalelkar Surgicals Pvt. Ltd., holding that two…
Bolar Is Not a Blanket: Madras High Court on Vildagliptin API Exports
In the case of Novartis AG v. Venkata Narayana Active Ingredients Pvt. Ltd., the Madras High Court dealt with a familiar pharmaceutical patent question in a concrete factual…
Clocks Don’t Stop for Negligent Agents: Neurocentria Patent Revival Fails
When Neurocentria Inc. sought to revive its Indian patent application by disclaiming its earliest PCT priority date - effectively restarting the clock on missed deadlines; the Delhi High…
Old Invoices, New Trouble: Prior Use Trumps Registration in ATHERMAL Case
In a dispute over the mark ATHERMAL used on welding safety goods, the Delhi High Court set aside a trial court interim injunction against Amit Bansal, finding that…
Insufficiency of disclosure: Delhi HC Rejects Counterfeit Detection Patent
The Delhi High Court dismissed an appeal against the rejection of a counterfeit detection patent, finding that the complete specification failed to meet the disclosure standard under Section…
XX Marks the Spot – Did the XX-Rib Design Ever Deserve Its Registration?
The Calcutta High Court has set aside the Deputy Controller's refusal to cancel a registered design for an XX-Rib pattern on TMT construction rods, finding that the Controller…
Chacha in Sarees: Delhi HC on Trademark Distinctiveness
The Delhi High Court's Division Bench has reversed a Commercial Court order that dismissed Chacha Saree Bazar Pvt. Ltd.'s interim injunction application on the ground that "Chacha" is…
Stamp Duty on Copyright Assignment: Calcutta High Court Says Exemption Applies
In the case of M/s. Emami Agrotech Limited v. The Deputy Inspector General of Registration, Range III, Hooghly & Ors., a registered copyright assignment deed led to a…