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Indian Patent and Design Statistics 2024 (February 16th to 23rd)

This report analyses Indian patent and design statistics for the week ending 23rd February 2024, covering publications, grants, examinations, and city-level trends. It provides valuable insights for stakeholders in the intellectual property domain.

Is a system for ‘Selectively Displaying Physical Address’ unpatentable as a business method?

The Madras High Court held that a system for selectively concealing physical addresses in e-commerce is not a business method under Section 3k. The decision clarifies the distinction between technological inventions and business method exclusions in Indian patent law.

Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

The Madras High Court has overturned the Controller of Patents’ refusal of a soluble foaming composition patent, highlighting procedural lapses in considering applicant submissions. The matter will now be reconsidered by another patent officer within four months.

Madras High Court provides clarity on Proof of Right, says date of assignment and date of declaration are different.

The Madras High Court clarified the distinction between assignment and declaration dates for proof of right under Section 7(2) of the Patents Act. This ruling guides applicants and controllers on procedural objections in Indian patent applications.

Review and Reversal of Patent Refusal Orders by the Madras High Court

The Madras High Court has set aside several patent refusal orders, highlighting the need for proper reasoning and adherence to legal procedures. These judgments clarify essential aspects of patentability assessment and reinforce procedural fairness in Indian patent law.

Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court

The Madras High Court has set aside a patent refusal for an image construction apparatus, citing insufficient reasoning under Section 3(k) and inventive step. The Court remanded the matter for reconsideration, highlighting the importance of well-reasoned decisions in patent law.

Refusal of a patent application based on prior art not cited in hearing notice set aside by the Delhi High Court

The Delhi High Court set aside a patent refusal where the Controller relied on prior art not cited in the hearing notice. The decision underscores the importance of fair opportunity and proper analysis in patent proceedings in India.

Inventive Step analysis requires a rigorous examination, not surface analysis, says the Delhi High Court.

The Delhi High Court criticised the Controller of Patents for a superficial inventive step analysis in a recent patent refusal, emphasising the need for rigorous and well-reasoned assessments. The Court has directed a fresh hearing, highlighting the standards required under Indian patent law.

Indian Patent and Design Statistics 2024 (February 2nd to 9th)

This report reviews Indian patent and design statistics for February 2nd to 9th, 2024, detailing trends in applications, grants, and regional distributions. It offers factual analysis for IP professionals, compiled by BananaIP’s legal experts.

Method of producing ‘protein enriched blood serum’ is not a method of treatment under Section 3(i), says the Delhi High Court

The Delhi High Court ruled that a method of producing protein enriched blood serum is not a method of treatment under Section 3(i) of the Patents Act. The Court set aside the refusal and directed the Patent Office to reconsider the application after a fresh hearing.