Patents | Intellepedia

Fertilizer Patent Case: Court Blocks Sale of ‘Aladdin’ Pending Trial

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The Himachal Pradesh High Court granted an interim injunction in favour of SML Limited, restraining the defendants from manufacturing and selling a fertilizer composition under the brand ‘Aladdin’, which was found to prima facie infringe SML’s patented invention. The Court held that the patent had survived multiple oppositions and that the plaintiff had established a strong prima facie case for infringement.

Patent Upheld, Design Dismissed: Dura-Line vs. Jain Irrigation – Part 1: Infringement & Relief

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This post analyzes the Delhi High Court’s decision in Dura-Line vs. Jain Irrigation, where the Court found patent infringement but rejected the design infringement claim.

Billing and Usage Data Invention Not a Business Method Under Section 3(k) of Patents Act

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The Madras High Court has ruled in favour of Tekelec Inc., setting aside the rejection of its patent application under Section 3(k) of the Indian Patents Act. The Court found the invention addressed a technical problem and did not constitute a business method, ordering a reassessment limited to software-related exclusions.

ITC’s Nicotine Device Patent Rejection on Public Health Grounds Set Aside

Text reading "Intent, Not Harm, Defines Section 3(b)" displayed in bold white font on a dark smoky background

The Calcutta High Court has set aside the refusal of ITC’s patent application for a nicotine aerosol device. The Court found that the Controller’s reliance on morality grounds under Section 3(b) was improper and unsupported by cited documents, ensuring a fresh review of the patent.

Patent for Enzyme-Based Animal Feed Supplementation Cleared of Section 3(i) Refusal

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The Madras High Court has allowed Kemin Industries’ patent on an enzyme-based animal feed method, overturning the Controller’s Section 3(i) refusal. The Court ruled that the method involves feed supplementation rather than treatment, confirming novelty and inventive step in the process.

Anti-Cancer Patent Refusal Set Aside for Not Identifying ‘Known Substance’

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In a recent ruling, the Delhi High Court overturned the rejection of an anti-cancer patent filed by Taiho Pharmaceutical. The Court highlighted that objections under Section 3(d) must explicitly state the “known substance” being referenced and directed a fresh hearing for proper assessment.

Not Just a Mix: Court Finds Merit in UPL’s Fungicidal Formulation

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The Calcutta High Court set aside the rejection of a patent application filed by UPL Ltd., involving innovative fungicidal combinations. The Court found that the rejection order issued by the Controller lacked detailed reasoning and had procedural deficiencies, particularly concerning inventive step and treatment of experimental data.

Patent on Carbon Capture Process freed from IPO refusal

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The Madras High Court has overturned the rejection of a patent on a carbon capture process, citing the Patent Office’s failure to adequately justify its decision and its reliance on new, unaddressed grounds. The Court remanded the case for a fresh hearing with a focus on technical and economic evaluations.

Akebia’s patent for Anemia therapy gets fresh blood from Court

Illustration featuring the headline “Court infuses fresh blood into Patent for Anemia Therapy” alongside an image of a blood bag with a red tube.

In a recent case the Madras High Court upheld Akebia Therapeutics’ appeal on its anaemia treatment patent, interpreting Section 59 to allow claim amendments from treatment methods to compositions, as long as they’re disclosed in the original application. The case underscores the significance of well-documented specifications in pharmaceutical patents.

Patent Claim Amendments – Court’s observation of amendments to systems, methods and use claims

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The Calcutta High Court remanded a patent application back to the Controller of Patents, citing infrimities in evaluating claim amendments. The Court stressed that mere change in claim types—method to system—without analyzing technical substance cannot justify rejection under Section 59 of the Indian Patents Act.