Inventive Step Assessment: To be Anchored in Knowledge of a Person with Ordinary Skill on the Priority Date

The Delhi High Court’s decision highlights the requirement for an objective inventive step assessment anchored in the knowledge of a person skilled in the art at the priority date. The ruling emphasises the need for detailed analysis and avoidance of hindsight in patent examinations.

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Indian Patent and Design Statistics 2024 (May 31st to June 7th)

The report analyses Indian patent and design statistics for 31 May to 7 June 2024, with city-wise and yearly data on applications, grants, and registrations. It provides a factual overview for professionals seeking updated intellectual property trends in India.

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Boehringer secures Patent Injunction for its Diabetes Drug – Empagliflozin

The Himachal Pradesh High Court has granted Boehringer Ingelheim an interim injunction against Eris Lifesciences, preventing the manufacture and sale of Empagliflozin during the suit. The case provides insights into the judicial approach towards pharmaceutical patent disputes in India.

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Patent examination should not kill the scientific temper of an inventor

The Madras High Court set aside the rejection of Industeel France’s patent application, stressing the need for fair and consistent patent examination. The judgment highlights the importance of protecting inventors’ scientific temper and ensuring time-bound decisions under Indian patent law.

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Monoclonal antibodies and Patents – How the Madras High Court interpreted Section 3(c)

The Madras High Court clarified the interpretation of Section 3c regarding patent eligibility of monoclonal antibodies in India. The Court held that synthetic antibodies may be patentable if they demonstrate novelty or technical advancement.

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Court criticizes Patent Office for using outdated CRI Guidelines

The Madras High Court condemned the Patent Office’s reliance on outdated CRI guidelines in Microsoft’s patent application case, highlighting the significance of technical effect in computer related inventions. The court allowed the appeal and directed a new evaluation.

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Note on the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge

The WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge seeks to enhance transparency and fairness in the patent system. It establishes disclosure requirements and safeguards for genetic resources and traditional knowledge within international intellectual property law.

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