Patent Term – Section 53 Challenge The appellants, Gunjan Sinha @ Kanishk Sinha and another, acquired a patent for a “fuel cell system and an...
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Failure to Disclose Prior Art in Hearing Notice Violates Procedural Fairness, Rules Calcutta High Court
Introduction The Calcutta High Court recently overturned the Controller’s decision to reject a patent application in the case of UCB Pharma GmbH & Anr. v....
Read more about Failure to Disclose Prior Art in Hearing Notice Violates Procedural Fairness, Rules Calcutta High CourtIndian IP Office Rolls Out Utility for Patent, Design, Trademark, Copyright & GI Statistics
INTRODUCTION The Indian IP Office has launched a centralised online dashboard providing data on intellectual property (IP) filings across India. The dashboard is accessible at...
Read more about Indian IP Office Rolls Out Utility for Patent, Design, Trademark, Copyright & GI StatisticsRisdiplam – Spinal Muscular Atrophy Case: Delhi HC Favors Public Health Over Roche Patent
The Delhi High Court, in a significant ruling dated March 24th, 2024, rejected the interim injunction application of F Hoffmann-La Roche AG (“Roche”) against Natco...
Read more about Risdiplam – Spinal Muscular Atrophy Case: Delhi HC Favors Public Health Over Roche PatentWhen Delay Becomes Denial: Calcutta High Court Overturns Patent Rejection
The recent judgement of the Calcutta High Court in BASF SE v. Joint Controller of Patents warrants attention for multiple reasons, particularly as it addresses...
Read more about When Delay Becomes Denial: Calcutta High Court Overturns Patent RejectionFrom Algorithms To AI: Patentability Under The 2025 CRI Draft Guidelines
The 2025 Draft CRI Guidelines issued by the Indian Patent Office refine the criteria for patentability of Computer Related Inventions (CRIs), emphasizing technical effect, inventive step, sufficiency of disclosure, and proper claim drafting for AI, blockchain, and emerging technologies.
Read more about From Algorithms To AI: Patentability Under The 2025 CRI Draft GuidelinesPatentability vs. Procedure: Finding the Right Balance during patent examinations
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The Delhi High Court ruled in favor of Arcturus Therapeutics, overturning the Controller’s rejection of its patent application on procedural grounds. The Court emphasized that procedural compliance should not override substantive examination, directing the Patent Office to reassess the application on its merits.
Read more about Patentability vs. Procedure: Finding the Right Balance during patent examinationsMadras High Court Dismisses Patent Infringement Suit, Allows Coexistence of Technologies
The Madras High Court ruled on a patent infringement dispute involving Arumugam Rajendra Babu and Ashok Leyland over battery-swapping technology. The Court found no infringement and dismissed both the suit and counterclaims, allowing both parties to coexist. The ruling addressed prior art, novelty, and the scope of patent protection in the electric vehicle sector.
Read more about Madras High Court Dismisses Patent Infringement Suit, Allows Coexistence of TechnologiesFrivolous inventions and abstract theories – Delhi High Court refuses patent appeal
The Delhi High Court dismissed an appeal against the rejection of a patent application due to lack of novelty and a significant procedural delay of 701 days. The appellants, who had filed a patent application for black-colored wearables with claimed effects on human energy, failed to provide scientific evidence or technical merit. The court upheld the Indian Patent Office’s decision, emphasizing that abstract ideas are not patentable and reaffirming the importance of adhering to statutory deadlines for appeals.
Read more about Frivolous inventions and abstract theories – Delhi High Court refuses patent appealPatent Abandonment Overturned: Delhi HC Rules on FER Miscommunication
The Delhi High Court set aside the deemed abandonment of Waterotor’s Indian patent application, citing miscommunication regarding the First Examination Report (FER). The Court ruled that the lack of timely FER receipt justified reinstatement, directing the Patent Office to restore the application’s status to “pending” and allow a response within four weeks.
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