Patents | Intellepedia

Delhi High Court Grants Patent Application Restoration After Agent’s Error

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Delhi High Court restores Synertec’s patent application, ruling that agent error, not intent, caused the missed Form-18 deadline.

Can Claims Presumptively Inherit the Priority Date of a Provisional Application?

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In Rallis India Limited v. Deputy Controller of Patents and Others, the Madras High Court refused to assume that claims automatically inherit the priority date of a provisional, especially where the crucial EC formulation emerges only in the complete specification. The decision pushes the Patent Office to treat priority and prior art questions as matters for analysis, not default settings.

Section 3(i) Rejection Set Aside: Court Clarifies Scope of Pharmaceutical Patent Claims

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The Delhi High Court reiterated that a properly drafted pharmaceutical composition claim cannot be dismissed as a “method of treatment” under Section 3(i), and has sent Medilabo’s neurodegenerative drug application back for a full, merits-based examination.

Conduct and Misconduct: A New Disciplinary Framework for Patent Agents under the Draft Patents Rules

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The draft amendments to the Patents Rules, 2003 seek to bring both conduct and misconduct of patent agents within a clear disciplinary framework. This piece walks through the proposed code, procedures and consequences that may soon shape everyday patent practice.

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

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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

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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.