Patents | Intellepedia

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.

Roche’s Appeal Dismissed, Path Open for Affordable Risdiplam in India

Illustration of a medicine bottle labeled “Risdiplam” next to the word “unaffordable,” with a hand using scissors to cut off the “un” prefix, symbolizing making the drug affordable.

The Delhi High Court dismissed Roche’s appeal against Natco Pharma, finding the Risdiplam patent prima facie obvious due to its similarity with prior genus patents, paving the way for affordable generic SMA treatment in India.

Calcutta High Court Clarifies Scope of Section 3(h) in Patent Law: Base SE v. Controller of Patents

Silhouette of a farmer spraying crops with pesticides on one side and a tractor on the other, with rows of crop plants in between, set against a green background.

In Base SE v. Deputy Controller of Patents, the Calcutta High Court ruled that scientific and technical inventions addressing agricultural problems are not excluded under Section 3(h). It also clarified that partial grant of patent claims is not permitted under Indian patent law.

Saint-Gobain Patent Rejection: Delhi HC Finds No Inventive Step in Glass Coating Claim

Illustration of a judge holding a gavel beside broken glass shards, with the text "Delhi High Court Rejects Saint-Gobain's Patent Application on Glass Coatings Due to Lack of Inventive Step" on a pastel gradient background.

Delhi HC upholds Saint-Gobain patent rejection, ruling that the glass coating claim lacked inventive step and failed to show technical advancement.

Old Wine in New Bottle: Distillery Waste Patent Denied

Two bottles are placed side by side against a muted background. The bottle on the left is labeled "DISTILLERY WASTE" and contains a dark liquid, while the bottle on the right is labeled "PATENT DENIED" and also contains a similar dark liquid.

Delhi HC affirms rejection of a patent on ZLD process from distillery waste, citing lack of inventive step and application of Section 3(d) of the Patents Act.

Court Remands Patent Rejection Over IV Catheter, Cites Flawed Obviousness Test

A nurse applies an intravenous catheter to a patient's arm while seated on a couch,

Delhi HC sets aside patent rejection for IV catheter, citing flawed inventive step analysis under Agriboard test and lack of reasoned decision.

No Territorial Jurisdiction, No Quia Timet Relief: Lessons from a Patent Case

A stylized laboratory scene showing a large blue capsule being constructed by steampunk-style mechanical arms, with sparks flying. A wooden sign next to the capsule reads "UNDER CONSTRUCTION," symbolizing a drug still in development. Various lab equipment is visible in the background.

In the case of Helsinn Healthcare SA vs AET Laboratories, the Delhi High Court declined to entertain a patent infringement action filed in anticipation of future infringement. The Court examined the territorial reach of Indian courts in web-based patent matters and reaffirmed the principles required to sustain quia timet actions.