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.
Read more about Roche’s Appeal Dismissed, Path Open for Affordable Risdiplam in IndiaCategory: Patents
Calcutta High Court Clarifies Scope of Section 3(h) in Patent Law: Base SE v. Controller of Patents
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.
Read more about Calcutta High Court Clarifies Scope of Section 3(h) in Patent Law: Base SE v. Controller of PatentsSaint-Gobain Patent Rejection: Delhi HC Finds No Inventive Step in Glass Coating Claim
Delhi HC upholds Saint-Gobain patent rejection, ruling that the glass coating claim lacked inventive step and failed to show technical advancement.
Read more about Saint-Gobain Patent Rejection: Delhi HC Finds No Inventive Step in Glass Coating ClaimOld Wine in New Bottle: Distillery Waste Patent Denied
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.
Read more about Old Wine in New Bottle: Distillery Waste Patent DeniedCourt Remands Patent Rejection Over IV Catheter, Cites Flawed Obviousness Test
Delhi HC sets aside patent rejection for IV catheter, citing flawed inventive step analysis under Agriboard test and lack of reasoned decision.
Read more about Court Remands Patent Rejection Over IV Catheter, Cites Flawed Obviousness TestNo Territorial Jurisdiction, No Quia Timet Relief: Lessons from a Patent Case
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.
Read more about No Territorial Jurisdiction, No Quia Timet Relief: Lessons from a Patent CaseStrategic Delay Costs Novartis Its Cross-Examination Rights
The Delhi High Court dismissed Novartis’s writ petitions, ruling it had waived cross-examination by opting for rebuttal evidence. The Controller’s orders were upheld, with the patent already revoked days earlier.
Read more about Strategic Delay Costs Novartis Its Cross-Examination RightsCRI Patentability Affirmed: Madras High Court Rules in Favor of Syngene
Madras HC upholds CRI patentability in Syngene’s case, ruling novel hardware isn’t a prerequisite for protection under Section 3(k).
Read more about CRI Patentability Affirmed: Madras High Court Rules in Favor of SyngeneNon-Disclosure of Prior Art in Hearing Notice Violates Natural Justice, Rules Delhi High Court
In Croda Inc. v. Controller of Patents, the Delhi High Court emphasized procedural fairness and ruled that the non-disclosure of prior art in a hearing notice constitutes a breach of natural justice. The Court remanded the case for fresh evaluation.
Read more about Non-Disclosure of Prior Art in Hearing Notice Violates Natural Justice, Rules Delhi High CourtPharmacyclics Divisional Patent Application Upheld by Calcutta High Court
Calcutta High Court upholds Pharmacyclics divisional patent application for ibrutinib-anti-CD20 therapy, interpreting Section 16 of the Patents Act, 1970.
Read more about Pharmacyclics Divisional Patent Application Upheld by Calcutta High Court