Patents | Intellepedia

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

Bold text reading “NO SHORTCUTS,” with “NO” in red and “SHORTCUTS” in white, set against a dark background featuring Court

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

Minimalist office interior with wooden shelves and books on a white wall, featuring a bold “Divide & Conquer” wall graphic under a hanging lamp above a wooden desk.

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)

Close-up of a dictionary page with the word “Diagnosis” highlighted in bright green by a chisel-tip highlighter, emphasizing the term against surrounding text.

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.

Category: Patents