Intellectual Property | Intellepedia

Patent refusals: The need for clarity and details beyond mere objections.

The Delhi High Court has stressed the necessity for detailed reasoning in patent refusal decisions. In this case, the absence of specific analysis and clarity in rejecting a divisional application led to the order being set aside and remanded for reconsideration.

Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

The Delhi High Court ruled that selling ghee under the mark NOVYA constitutes passing off and infringement of the registered NOVA trademark. The Court’s decision imposed a permanent injunction and penalty on the Defendant for contempt, highlighting the importance of trademark protection in the dairy sector.

Delhi High Court issues injunction against Software Piracy

The Delhi High Court granted an interim injunction restraining unauthorised use of Bentley Systems’ software, addressing copyright infringement claims. The order underscores the protection of international software copyrights in India and the legal approach to software piracy.

Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguous

The Delhi High Court has reiterated that objections on insufficiency of disclosure in patent applications must be clear and precise. Procedural lapses by the Indian patent office can undermine the fairness of the patent examination process.

Courts Weigh on Inordinate Delay in Patent Orders and Scope of Claim Amendments

The Delhi and Madras High Courts recently set aside patent refusal orders, addressing inordinate delays and the scope of permissible claim amendments. These judgments clarify key patent law principles and reinforce procedural fairness in India.

PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.

The Madras High Court has overturned the refusal of Microsoft’s patent application, clarifying the correct approach to assessing inventive step and the PSITA standard under Indian law. The decision highlights the need for a nuanced analysis of prior art and patent claims.

Injunction against use of Kalyan and Kalyan Jewellers Trademarks

The Madras High Court granted an injunction against the use of Kalyan and Kalyan Jewellers trademarks, addressing a domain name dispute involving kalyanjewellers.com. The judgment reinforces protection for trademark owners in India.

Court orders Meesho to display Seller Information and comply with Ecommerce Rules

The Delhi High Court has ordered Meesho to display full seller information and comply with ecommerce regulations following a copyright dispute. This decision highlights the responsibility of e-commerce platforms to protect intellectual property and ensure transparency for consumers.

Indian Patent and Design Statistics 2024 (February 23rd to March 1st)

This report analyses Indian patent and design statistics for the week ending 1st March 2024, with detailed city-wise and yearly data. Patent applications, examinations, grants, and design registrations are presented objectively for informed insights.

Trademark refusal without notice and ‘40’ suffix similarity

Two recent Delhi High Court rulings clarify the consequences of unserved opposition notices and the assessment of trademark similarity based on numeric suffixes. The post analyses both decisions and discusses the procedural challenges in Indian trademark law.