Patents | Intellepedia

All elements rule versus Doctrine of equivalents, a recent decision by Delhi High Court

The Delhi High Court recently addressed the interplay between the all elements rule and the doctrine of equivalents in a patent dispute over brick-making machines. The Court granted interim relief, affirming a nuanced approach to patent claim analysis and infringement in Indian law.

Rejecting Patent Applications without Comprehensive Analysis Contradicts Section 2(1)(ja) of the Patents Act, says Delhi High Court

The Delhi High Court set aside a patent refusal, holding that applications must be assessed with thorough reasoning under Section 2(1)(ja) of the Patents Act. The judgment stresses the need for detailed analysis of inventive step and legal compliance in patent rejections.

Patent refusal order set aside, matter remanded back for DeNovo consideration

The Delhi High Court set aside a patent refusal order under section 15 of the Patents Act, directing a de novo reconsideration. The case underscores the need for reasoned decisions in Indian patent law proceedings.

Patent (Amendment) Rules 2024 come into effect, significant changes introduced.

The Patent (Amendment) Rules 2024 bring notable procedural changes to the Indian patent system, including shorter timelines, new forms, and updated requirements. These amendments aim to simplify processes and enhance compliance for patent applicants and patentees.

Kudos Pharma v. Natco Pharma: A case on patent claims, coverage, validity and infringement.

The Delhi High Court’s decision in Kudos Pharma v. Natco Pharma reviews crucial aspects of patent law, including credible challenge and the distinction between patent coverage and disclosure. The Court granted an interim injunction to Kudos Pharma, reinforcing core principles of Indian patent jurisprudence.

Patent refusals: The need for clarity and details beyond mere objections.

The Delhi High Court has stressed the necessity for detailed reasoning in patent refusal decisions. In this case, the absence of specific analysis and clarity in rejecting a divisional application led to the order being set aside and remanded for reconsideration.

Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguous

The Delhi High Court has reiterated that objections on insufficiency of disclosure in patent applications must be clear and precise. Procedural lapses by the Indian patent office can undermine the fairness of the patent examination process.

Courts Weigh on Inordinate Delay in Patent Orders and Scope of Claim Amendments

The Delhi and Madras High Courts recently set aside patent refusal orders, addressing inordinate delays and the scope of permissible claim amendments. These judgments clarify key patent law principles and reinforce procedural fairness in India.

PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.

The Madras High Court has overturned the refusal of Microsoft’s patent application, clarifying the correct approach to assessing inventive step and the PSITA standard under Indian law. The decision highlights the need for a nuanced analysis of prior art and patent claims.

Indian Patent and Design Statistics 2024 (February 23rd to March 1st)

This report analyses Indian patent and design statistics for the week ending 1st March 2024, with detailed city-wise and yearly data. Patent applications, examinations, grants, and design registrations are presented objectively for informed insights.