The Delhi High Court has reaffirmed a simple patent lesson: mixing known compounds will not do unless the mix delivers something unexpectedly better. In Crystal Crop, the claimed herbicidal composition failed that test.
Read more about Mere Admixture or True Innovation? Crystal Crop’s Herbicidal Composition Fails the Synergy TestCategory: Patents
Amendment of claims at Appellate Stage under section 59 of the Patents Act
In the case of Daikin Industries Ltd. v. Assistant Controller of Patents and Designs, the Indian Patent Office refused Daikin’s patent application relating to a shell and plate heat exchanger on the ground of lack of novelty over a prior art document. During the appeal before the High Court, Daikin sought permission to amend claim 1 by incorporating additional limitations already disclosed in the specification. The court examined whether such an amendment could be permitted at the appellate stage under Section 59 of the Patents Act.
Read more about Amendment of claims at Appellate Stage under section 59 of the Patents ActMist in the Machine, Haze in the Reasoning: Court Reiterates Mandatory Five-Step Test for Inventive Step
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.
Read more about Mist in the Machine, Haze in the Reasoning: Court Reiterates Mandatory Five-Step Test for Inventive StepWhy Canva’s “Present and Record” Feature Is Still Restricted 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.
Read more about Why Canva’s “Present and Record” Feature Is Still Restricted in India?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.
Read more about Ideas Fly, Adoption Walks: Why New Technology Still Takes Its Own Sweet TimeWanted Dead or Alive: Delhi High Court Holds Patent Revocation Survives Expiry and Section 107 Defence
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.
Read more about Wanted Dead or Alive: Delhi High Court Holds Patent Revocation Survives Expiry and Section 107 DefenceExamination and Pre-Grant Opposition Are Independent Proceedings; Composite Disposal Unsustainable
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.
Read more about Examination and Pre-Grant Opposition Are Independent Proceedings; Composite Disposal UnsustainableShould a pre-grant notice be issued before patent grant to facilitate filing of divisional applications? Court clarifies
Delhi High Court clarifies that no pre-grant notice is required under Section 43 and divisional applications must be filed before patent grant.
Read more about Should a pre-grant notice be issued before patent grant to facilitate filing of divisional applications? Court clarifiesIntellepedia’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.
Read more about Intellepedia’s Top Patent Articles of 2025: A Year in ReviewPatent Expired. Damages Pending. Game Still On for Philips.
Philips’ damages decree remains enforceable despite patent expiry, underscoring post-expiry enforcement rights under Indian IP law.
Read more about Patent Expired. Damages Pending. Game Still On for Philips.