Patents | Intellepedia

When Dye Becomes Decisive: Patent Infringement, Equivalence, and Estoppel

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In a patent infringement case, the Delhi High Court denied Crystal Crop Protection’s request for an interim injunction against Safex Chemicals. The dispute in the case centred on a herbicidal formulation containing Clodinafop, Metribuzin, and a dyeing agent. The Court held that the dye was an essential claim element and that Safex’s dye-free products did not infringe, even by equivalence. It also invoked prosecution history estoppel, noting that Crystal’s own claim amendments precluded a broad claim interpretation.

Blackberry’s Patent Refusal Set Aside by Delhi High Court

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The Delhi High Court has set aside the Indian Patent Office’s refusal of Blackberry’s communication patent application. Citing a lack of reasoning and violation of natural justice principles, the Court directed a fresh evaluation of the amendments and remaining objections under the Patents Act.

Indian IP Office Schedules Stakeholder Meetings in Kolkata and Chennai on Draft CRI Guidelines

Illustration of four people in a meeting with the text "Stakeholder Meetings in Kolkata and Chennai for Guidelines on Computer-Related Inventions"

The Indian IP Office has scheduled in-person stakeholder meetings in Kolkata and Chennai, after the success of sessions in Mumbai and Delhi. to gather feedback on the Draft Guidelines for Computer Related Inventions (CRI). The initiative will allow stakeholders to share their inputs before the finalisation of the CRI policy framework.

Indian IP Office Announces Stakeholder Meetings on Draft CRI Guidelines

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The Indian IP Office has scheduled in-person stakeholder meetings in Mumbai and Delhi to gather feedback on the Draft Guidelines for Computer Related Inventions (CRI). The initiative will allow stakeholders to share their inputs before the finalisation of the CRI policy framework.

What Have You Been Smoking? Personal bias has no place in Tobacco patent evaluation

A cigarette crossed out with a red prohibition sign, flanked by comic-style text bubbles reading "WHAT?" on the left and "WHY!" on the right, against a blue background

The Calcutta High Court has criticised the arbitrary rejection of a tobacco syrup patent by the Indian patent office, urging objective analysis over personal bias. It held that Section 3(b) must not be misused to deny legitimate inventions without proper legal scrutiny and evidence.

Failure to consider Post-filing data violates natural Justice, reiterates Calcutta High Court

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The Calcutta High Court has reiterated that failure to consider post-filing data in patent applications breaches natural justice. In the Takeda case, it found the refusal of a patent for Brigatinib unjustified due to the Controller’s oversight of vital evidence and remanded the matter for reevaluation.

Patent Rejection for Vehicle Monitoring System reversed by Court

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The Madras High Court allowed the appeal filed by TVS Motor Company against the rejection of its patent application pertaining to a Vehicle Monitoring System. The Court observed that the Controller had not adequately examined the validity of the cited prior art and had failed to provide a reasoned analysis with respect to the inventive step. Consequently, the matter was remanded to a different Controller for fresh consideration.

Revocation is Distinct from Invalidity Defence and Survives Patent Expiry, rules Delhi High Court

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The Delhi High Court held that a revocation petition under Section 64 of the Patents Act is distinct from an invalidity defence under Section 107 and remains valid post-patent expiry. The Court emphasized the broader legal impact of revocation, affirming its maintainability even when the patent has lapsed.

Court Affirms Controller’s Refusal: Invention deemed obvious to a person skilled in the art

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The Madras High Court dismissed Navya Network Inc.’s appeal against the Patent Controller’s refusal, ruling that the claimed invention was obvious to a person skilled in the art. The judgment clarifies the approach to inventive step and non-patentability under Indian patent law, reinforcing standards for algorithm and method claims.