The Madras High Court overturned a patent refusal in Signal Pharmaceuticals vs. Deputy Controller of Patents, citing a lack of reasoning in the rejection order. The Court observed that the Patent Office failed to address the applicant’s arguments, disregarded amended claims, and provided no justification for the refusal under Section 2(1)(ja) and Section 3(d) of the Patents Act. The case was remanded for reconsideration, reinforcing the necessity of well-reasoned patent orders.
Read more about Reasoned orders are a necessity in patent refusals, Madras HC reiteratesCategory: Patents
Madras High Court Affirms Rejection of AI-Integrated Persona Patent
The Madras High Court dismissed an appeal challenging the rejection of a patent application for AI-integrated persona augmentation. The Court ruled that the invention lacked sufficient technical detail, inventive step, and patent-eligible subject matter under the Patents Act. It upheld the Controller’s decision, emphasizing the absence of tangible technical effects and clear disclosure requirements.
Read more about Madras High Court Affirms Rejection of AI-Integrated Persona PatentClarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)
The Delhi High Court, in Syngenta Crop Protection AG vs. Assistant Controller of Patents and Designs, examined the rejection of an Indian patent application under Section 3(h) of the Patents Act. The Court ruled that plant treatment methods are distinct from agricultural processes, referring to the 2003 amendment to Section 3(i), and remanded the case for fresh examination with amended claims.
Read more about Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)The Draft guidelines for AYUSH Patent Applications
The Intellectual Property (IP) Office has issued Draft Guidelines for the processing of patent applications related to AYUSH systems and related inventions. These guidelines aim to streamline the evaluation process of patent applications concerning Ayurveda, Yoga & Naturopathy, Unani, Siddha, Sowa-Rigpa, and Homeopathy.
Read more about The Draft guidelines for AYUSH Patent ApplicationsCourt clarifies distinction between business methods and technical inventions in section 3(k) related case
The Delhi High Court set aside the Indian Patent Office’s rejection of Comviva Technologies Limited’s patent application under Section 3(k) of the Patents Act, 1970. The Court recognized that the invention provided a technical advancement in securing electronic payment transactions. It directed the Patent Office to proceed with granting the patent, subject to any further objections under the law.
Read more about Court clarifies distinction between business methods and technical inventions in section 3(k) related caseEvaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law
The Madras High Court allowed Idemia Identity & Security France’s appeal, setting aside a refusal order under Section 3(k) for a cryptography patent. The Court ruled the order as a non-speaking one and in violation of natural justice. It directed fresh consideration of the matter, emphasizing technical contributions and adherence to CRI and European guidelines.
Read more about Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent LawCourt refuses interim injunction based on Patent Prosecution History
The Delhi High Court refused an interim injunction sought by Jay Switches in a patent infringement dispute against Sandhar Technologies. The Court found no prima facie infringement of Jay Switches’ patent for an airtight fuel cap and highlighted ambiguity in the claims. Sandhar was directed to maintain detailed accounts of product sales pending further proceedings.
Read more about Court refuses interim injunction based on Patent Prosecution HistoryIndian Patent and Design Statistics 2024 (December 13th to 20th)
51st issue of the Indian Patent Journal (20th December 2024) features 8,941 patent publications, 390 grants, and 564 registered designs
Read more about Indian Patent and Design Statistics 2024 (December 13th to 20th)Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case
The Madras High Court allowed France Telecom’s writ petition, overturning orders rejecting its patent application due to procedural delays. The Court emphasized that errors by agents should not deprive applicants of statutory rights, directing the Deputy Controller of Patents to process the application as per the Patents Act, 1970.
Read more about Madras HC Overrules Procedural Rejection in France Telecom’s Patent CaseRevisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity
The Delhi High Court upheld Novartis’s patent on Ceritinib, rejecting Natco Pharma’s claims of invalidity and allegations of material suppression. The court ruled that the divisional application’s refusal was immaterial to the case and reaffirmed the patent’s validity based on inventive step, novelty, and therapeutic benefits. Natco’s application to vacate the injunction was dismissed.
Read more about Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity