Patents | Intellepedia

Mist in the Machine, Haze in the Reasoning: Court Reiterates Mandatory Five-Step Test for Inventive Step

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In the case of Energeo Works India Private Limited v. Assistant Controller of Patents, the Patent Office refused a patent application relating to an air cooling system that used a mist of water to pre cool ambient air entering an air cooled chiller assembly. The refusal was based on lack of inventive step in view of two prior art documents and common general knowledge. The applicant challenged the refusal on the ground that the order was unreasoned and that the Controller had not applied the correct legal test for obviousness.

Why Canva’s “Present and Record” Feature Is Still Restricted in India?

Illustration of a woman using Canva on a laptop with a lock featuring the Indian flag over the screen and the headline “Canva’s Missing Feature in India!”, symbolizing the Present and Record feature being blocked in India.

Why Canva’s “Present and Record” feature is still restricted in India and how the interim injunction in the RxPrism patent dispute continues to operate.

Ideas Fly, Adoption Walks: Why New Technology Still Takes Its Own Sweet Time

WIPO’s World Intellectual Property Report 2026 makes one point painfully clear: ideas move fast, but adoption still depends on unglamorous complements like skills, infrastructure, and maintenance. India’s examples show why diffusion is an execution game, not a press-release game.

Wanted Dead or Alive: Delhi High Court Holds Patent Revocation Survives Expiry and Section 107 Defence

Hand wearing a blue glove holding a small vial beside torn paper with the words “How to Survive,” symbolizing the Patent revocation case as decided by the Delhi High Court between Boehringer Ingelheim v. Controller

In the case of Boehringer Ingelheim Pharma GmbH & Co. KG v. Controller of Patents & Anr., the Delhi High Court addressed two important questions under the Patents Act: whether a revocation petition survives patent expiry, and whether it can continue after a Section 107 invalidity defence is raised in an infringement suit. The dispute arose from parallel revocation and infringement proceedings relating to Patent IN 243301 covering Linagliptin. The court held that revocation under Section 64 remains maintainable despite patent expiry and is not barred by a Section 107 defence.

Examination and Pre-Grant Opposition Are Independent Proceedings; Composite Disposal Unsustainable

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The Calcutta High Court has ruled that the Controller cannot collapse examination and pre-grant opposition into a single composite order to sidestep a Section 14 hearing. The decision reinforces natural justice and procedural discipline in Indian patent prosecution.

Should a pre-grant notice be issued before patent grant to facilitate filing of divisional applications? Court clarifies

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Delhi High Court clarifies that no pre-grant notice is required under Section 43 and divisional applications must be filed before patent grant.

Intellepedia’s Top Patent Articles of 2025: A Year in Review

A concise roundup of Intellepedia’s most impactful patent law articles of 2025, highlighting key judicial and Patent Office developments every IP practitioner should note.

Patent Expired. Damages Pending. Game Still On for Philips.

A futuristic courtroom setting with a lone judge seated at the bench, surrounded by abstract digital circuitry and tech schematics. A glowing red waveform symbolizing signal modulation runs horizontally across the scene. In the top right corner, a prominent “DAMAGES PENDING” stamp reinforces the theme of unresolved legal claims related to expired technology.

Philips’ damages decree remains enforceable despite patent expiry, underscoring post-expiry enforcement rights under Indian IP law.

‘In Vitro Detection’ Still Diagnostic: Nematode Cancer Test Barred under Section 3(i)

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In Hirotsu Bio Science v. Assistant Controller of Patents and Designs, the Delhi High Court held that branding a process as “in vitro detection” does not rescue it from Section 3(i) when, in substance, it diagnoses cancer. The nematode-based urine test was thus refused as an excluded diagnostic method.

Shattering one order at a time – Court allows appeal against refusal of glass fiber patent

Close-up view of pink-tinted glass fibers arranged in parallel strands, showing fine linear textures and an iridescent sheen

The Calcutta High Court overturns OCV patent rejection, reinforcing ‘teaching away’ doctrine, inventive step analysis, and Section 3(e) interpretation.