Intellectual Property | Intellepedia

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.

Akebia’s patent for Anemia therapy gets fresh blood from Court

Illustration featuring the headline “Court infuses fresh blood into Patent for Anemia Therapy” alongside an image of a blood bag with a red tube.

In a recent case the Madras High Court upheld Akebia Therapeutics’ appeal on its anaemia treatment patent, interpreting Section 59 to allow claim amendments from treatment methods to compositions, as long as they’re disclosed in the original application. The case underscores the significance of well-documented specifications in pharmaceutical patents.

Under Armour Vs. Aero Armour: Initial Interest Confusion and Trademark Infringement

Logos of Under Armour and Aero Armour beside colorful T-shirts on hangers.

In a recent decision, the Delhi High Court granted an interim injunction in favour of Under Armour Inc. against Indian apparel entity Anish Agarwal & Anr., restraining the use of the trademarks ‘AERO ARMOUR’ and ‘ARMR’ during the pendency of the suit. The Court found that the respondents’ marks bore deceptive similarity to Under Armour’s registered word mark ‘UNDER ARMOUR’, and that their adoption for similar goods was prima facie infringing and not bona fide. The Court came to its conclusion of trademark infringement based on initial interest confusion among consumers, and by applying the dominant part rule.

Isha Foundation Secures Interim Relief in Defamation Case, Next Hearing in September

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After securing interim relief in a defamation case involving a viral YouTube video, Isha Foundation awaits further proceedings now adjourned to 9th September 2025. No significant development occurred in the May session, and the interim order continues to apply.

Patent Claim Amendments – Court’s observation of amendments to systems, methods and use claims

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The Calcutta High Court remanded a patent application back to the Controller of Patents, citing infrimities in evaluating claim amendments. The Court stressed that mere change in claim types—method to system—without analyzing technical substance cannot justify rejection under Section 59 of the Indian Patents Act.

Astrology Meets IP – Zodiac Strategies for the Week Ahead (May 25–31)

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In this week’s IP-Astro edition, we explore how each zodiac sign might approach shared IP issues—from joint ownership to licensing—under Gemini’s collaborative influence. These reflections offer a light-hearted, symbolic take on intellectual property and are meant to spark creative curiosity, not serve as professional or astrological advice.

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.

Interim Relief to FDC in KROMALITE Trademark Dispute

Image showing Confused shopper choosing between similar brands online with text KROMALITE OR CHROMALITE??? above a shopping cart and laptop, highlighting trademark confusion.

In a significant trademark ruling, the Delhi High Court sided with FDC Limited, granting interim injunction against Palsons Derma for using “CHROMALITE”, a mark found deceptively similar to FDC’s “KROMALITE”. The decision underscores brand integrity and affirms legal safeguards against consumer confusion in pharmaceutical and cosmetic sectors.

AbbVie’s Patent Refusal Upheld over Impermissible Shift from Treatment to Product Claims

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The Delhi High Court has dismissed AbbVie’s appeal regarding the refusal of their patent application for an anti-cMet antibody-drug conjugate. The court found the proposed amendments exceeded permissible scope under the Indian Patents Act.

When Dye Becomes Decisive: Patent Infringement, Equivalence, and Estoppel

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In a patent infringement case, the Delhi High Court denied Crystal Crop Protection’s request for an interim injunction against Safex Chemicals. The dispute in the case centred on a herbicidal formulation containing Clodinafop, Metribuzin, and a dyeing agent. The Court held that the dye was an essential claim element and that Safex’s dye-free products did not infringe, even by equivalence. It also invoked prosecution history estoppel, noting that Crystal’s own claim amendments precluded a broad claim interpretation.