Patents | Intellepedia

Comments and Suggestions on Patent Agent Code of Conduct and Patent Rules Draft

DPIIT’s publication of the draft rules and draft Code of Conduct has provided an opportunity for stakeholders to share their views on the future regulatory framework for patent agents. Patent agents at BananaIP Counsels have responded with detailed comments at general and specific levels, offering suggestions that aim to make the framework more practical and suitable for modern patent practice. Their submission seeks to contribute to a balanced ecosystem that enables the continued growth of innovation in India.

Urgency in Patent Infringement Disputes: Supreme Court on Mediation Requirement

In the case of Novenco Building and Industry A/S vs Xero Energy Engineering Solutions Pvt. Ltd., the Supreme Court ruled that mandatory mediation under the Commercial Courts Act can be bypassed in intellectual property cases where continuing infringement creates immediate harm. The Court stated that urgency must be assessed from the perspective of ongoing injury, not simply on the basis of when the suit was filed.

Madras High Court Overturns Patent Refusal for Ab Initio’s Data Lineage Invention

Illustration of judges giving thumbs up, overlaid on a futuristic data center with digital graphics representing data flow and technology

Madras High Court patent judgment backs Ab Initio’s data lineage invention, affirming novelty and inventive step in software patents.

FMC Corporation’s Plea to Block Natco’s Cyantraniliprole Insecticide Formulation Denied

Chemical formula backdrop with text Natco wins dispute over Cyantraniliprole intermediate patent

Delhi High Court refused FMC’s interim plea on a Cyantraniliprole intermediate, citing credible invalidity under Sections 64(1)(a) and 64(1)(e) and a tenable Gillette defence. With expiry close, damages suffice rather than an injunction.

Court Clarifies Rules on Confidentiality Clubs and Comparable Licenses in SEP Patent Disputes: Nokia v. Asustek & Ors (2025)

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Delhi Hight Court clarifies SEP rules on Confidentiality Clubs and license redactions in Nokia v. Asustek, allowing in-house access without restrictions.

Court Allows EMD Millipore’s IR Spectroscopy Patent, Clarifies Scope of Sections 3(i) and 59

Blue DNA banner for article on EMD Millipore v. Controller of Patents interpreting Section 3(i) of the Patents Act.

Delhi HC green-lights EMD Millipore’s IR spectroscopy patent and narrows the sweep of Section 3(i), while affirming compliant claim amendments under Section 59.

Frimline v. K-SMATCO: Delhi HC Rules Firmly in Pharmaceutical Patent Infringement Case

Prescription medicine bottles and tablets placed on a courtroom bench, symbolizing a pharmaceutical patent dispute and legal ruling.

In Frimline v. K-SMATCO, Delhi HC granted interim relief over patent IN 382949, citing strong prima facie infringement of Frimline’s pharmaceutical formulation.

Patent Refusal Cannot Be a Single Line: Calcutta High Court Calls for Reasoned Orders

Yellow road marking with bold black text reading “SINGLE LINE. DO NOT CROSS,” symbolizing the lack of reasoning in the Stromag GmbH patent refusal—a single-line decision that violated principles of natural justice.

In the case of Stromag GmbH vs. Controller General of Patents, the Calcutta High Court ruled that patent refusal orders must contain detailed reasoning. A single-line dismissal, the court said, does not meet the legal standards of a quasi-judicial function and is unsustainable.

Infrared-Based Biomolecule Detection is Not excluded under Section 3(i) of the Patents Act: Delhi HC

Close-up of a metallic microscope lens projecting an infrared beam onto stylized chemical structures, with DNA-like strands and an “IR” graph on a dark background.

In the case of EMD Millipore Corporation vs Assistant Controller of Patents and Designs, the Delhi High Court held that a non-invasive method for analysing biomolecules is not excluded from patentability under Section 3(i). The Court allowed the applicant to revert to earlier claims and upheld the right to amend claims in appeal.

Section 3(i) and Diagnostic Patents: Court Upholds Refusal of Prenatal Testing Method

DNA gel bands with a magnifying glass highlighting DNA bases and the word “Disease

Delhi HC rules Sequenom’s NIPT methods are excluded as “diagnostic” under Section 3(i) and hit by 3(b) for sex selection concerns, while keeping the door open for tools and products.