Patents | Intellepedia

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.

Strategic Delay Costs Novartis Its Cross-Examination Rights

Banner with text “Tactical Delay Proves Costly for Novartis” beside a clock and wooden blocks spelling DELAY on an orange background

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.

CRI Patentability Affirmed: Madras High Court Rules in Favor of Syngene

Illustration of a legal decision on computer-related inventions: code snippet on the left, legal gavel and scales on the right, with the title 'Madras HC Reboots Computer-Related Invention Refusal' in the center.

Madras HC upholds CRI patentability in Syngene’s case, ruling novel hardware isn’t a prerequisite for protection under Section 3(k).

Non-Disclosure of Prior Art in Hearing Notice Violates Natural Justice, Rules Delhi High Court

3D illustration of repeating blue molecular structures representing chemical compounds, symbolizing scientific formulations or agrochemical compositions.

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.

Pharmacyclics Divisional Patent Application Upheld by Calcutta High Court

3D molecular structures illustrating chemical bonding and a detailed fluorinated organic compound model with carbon, hydrogen, oxygen, nitrogen, and fluorine atoms

Calcutta High Court upholds Pharmacyclics divisional patent application for ibrutinib-anti-CD20 therapy, interpreting Section 16 of the Patents Act, 1970.

From Refusal to Reconsideration: A Second Chance for Zhejiang’s Hair Dye Patent

Hairbrush and bowl of white hair dye cream beside a brown hair lock; banner text: A Fresh Review for Hair Dye Patent

Madras High Court gives Zhejiang’s hair dye patent a new lease on life, quashing an unreasoned refusal and directing a fresh, reasoned hearing.

Products Made During Patent Term are Infringing Even After Expiry

In the case of Boehringer Ingelheim v. Femilab Healthcare, the Himachal Pradesh High Court ruled that interim injunctions granted to prevent patent infringement cannot continue after the patent has expired. The court held that such relief loses effect with the end of the patent term. However, it stated that infringing products made during the patent’s validity may still be restrained from being sold or used after the patent expires.

Amgen’s Lyophilized Peptibody Patent Upheld by Madras High Court

Banner with lab test tubes and a microscope; text reads 'Amgen’s Peptibody Patent Refusal Overturned' following Madras High Court ruling

Madras High Court backs Amgen on lyophilized peptibody formulations, rejecting Section 3(d), 3(e) and inventive step objections. Grant directed, with claims narrowed to supported sequences.