The Delhi High Court refused Novo Nordisk interim relief against Dr Reddy’s, finding that the Semaglutide species patent faces serious validity challenges in light of the earlier genus patent. The Court allowed Dr Reddy’s to continue manufacturing Semaglutide in India solely for export to non-patent jurisdictions, with no domestic sales.
Read more about Dr Reddy’s Semaglutide Exports to Continue as Court Denies Interim Relief to Novo NordiskCategory: Patents
Once the Hearing Is Fixed, the Door Closes on New Evidence in Patent Oppositions
In the case of M/s Hi Tech Chemicals Limited vs Deputy Controller of Patents and Designs & Anr., the Madras High Court examined whether documents labeled as additional evidence could be admitted after the hearing was fixed in a post-grant patent opposition. The Court looked at the patent rules, and held that private documents do not qualify as “publications” under Rule 62(4), and are therefore not admissible after the hearing date was fixed.
Read more about Once the Hearing Is Fixed, the Door Closes on New Evidence in Patent OppositionsDelhi High Court Grants Patent Application Restoration After Agent’s Error
Delhi High Court restores Synertec’s patent application, ruling that agent error, not intent, caused the missed Form-18 deadline.
Read more about Delhi High Court Grants Patent Application Restoration After Agent’s ErrorCan Claims Presumptively Inherit the Priority Date of a Provisional Application?
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.
Read more about Can Claims Presumptively Inherit the Priority Date of a Provisional Application?Section 3(i) Rejection Set Aside: Court Clarifies Scope of Pharmaceutical Patent Claims
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.
Read more about Section 3(i) Rejection Set Aside: Court Clarifies Scope of Pharmaceutical Patent ClaimsConduct and Misconduct: A New Disciplinary Framework for Patent Agents under the Draft Patents Rules
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.
Read more about Conduct and Misconduct: A New Disciplinary Framework for Patent Agents under the Draft Patents RulesComments 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.
Read more about Comments and Suggestions on Patent Agent Code of Conduct and Patent Rules DraftUrgency 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.
Read more about Urgency in Patent Infringement Disputes: Supreme Court on Mediation RequirementMadras High Court Overturns Patent Refusal for Ab Initio’s Data Lineage Invention
Madras High Court patent judgment backs Ab Initio’s data lineage invention, affirming novelty and inventive step in software patents.
Read more about Madras High Court Overturns Patent Refusal for Ab Initio’s Data Lineage InventionFMC Corporation’s Plea to Block Natco’s Cyantraniliprole Insecticide Formulation Denied
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.
Read more about FMC Corporation’s Plea to Block Natco’s Cyantraniliprole Insecticide Formulation Denied