Patents | Intellepedia

Court 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.

Evaluation 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.

Court refuses interim injunction based on Patent Prosecution History

The Delhi High Court refused an interim injunction in a patent dispute over a fuel cap, citing ambiguous claims and prosecution history. The judgment highlights the need for precise claim drafting and careful interpretation in patent litigation.

Indian Patent and Design Statistics 2024 (December 13th to 20th)

This weekly report analyses Indian patent and design statistics for December 13th to 20th, 2024, highlighting key data trends and city-wise breakdowns. It offers insights into patent publications, grants, examinations, and industrial design registrations, compiled by BananaIP’s expert team.

Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case

The Madras High Court allowed France Telecom’s writ petition, setting aside the procedural rejection of its patent application examination request. The judgment clarifies the treatment of agent errors under Indian patent law and upholds procedural fairness.

Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity

The Delhi High Court upheld the validity of Novartis’s Ceritinib patent against Natco’s challenge, addressing divisional application issues and allegations of suppression. The injunction against Natco remains in force, reinforcing the enforceability of Novartis’s patent rights.

Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice

The Madras High Court set aside a patent refusal under section 3d, citing lack of procedural fairness and insufficient reasoning. The Court directed reconsideration, underscoring the necessity of reasoned orders and respect for principles of natural justice in patent proceedings.

Indian Patent and Design Statistics 2024 (November 22nd to 29th)

This weekly report details Indian patent and design statistics from November 22nd to 29th, 2024, highlighting trends in publications, grants, and registrations. Compiled by BananaIP, the analysis offers an objective view of official IP data for legal and industry professionals.

Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals

The Madras High Court affirmed the validity of Malladi Drugs’ patent for chiral beta-amino alcohols, highlighting the invention’s novelty and inventive step. The judgment clarifies key principles on patent revocation and the definition of a “person interested” under Indian patent law.

Patent Application Rejection Set Aside for Improper Citation of Withdrawn Prior Art

The Madras High Court overturned a patent rejection due to improper citation of withdrawn prior art, directing a fresh examination. The case highlights the necessity for strict compliance with procedural safeguards in Indian patent proceedings.