Patents | Intellepedia

Can a Pre-Grant Opposition Survive After Patent Grant?

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The Delhi High Court confirmed that once a patent grant order is signed, a pre-grant opposition under Section 25(1) is no longer valid. This case involving Vertex Pharmaceuticals affirms that the signature date is definitive, regardless of later administrative delays.

AbbVie’s Patent Refusal Upheld over Impermissible Shift from Treatment to Product Claims

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The Delhi High Court has dismissed AbbVie’s appeal regarding the refusal of their patent application for an anti-cMet antibody-drug conjugate. The court found the proposed amendments exceeded permissible scope under the Indian Patents Act.

When Dye Becomes Decisive: Patent Infringement, Equivalence, and Estoppel

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In a patent infringement case, the Delhi High Court denied Crystal Crop Protection’s request for an interim injunction against Safex Chemicals. The dispute in the case centred on a herbicidal formulation containing Clodinafop, Metribuzin, and a dyeing agent. The Court held that the dye was an essential claim element and that Safex’s dye-free products did not infringe, even by equivalence. It also invoked prosecution history estoppel, noting that Crystal’s own claim amendments precluded a broad claim interpretation.

Blackberry’s Patent Refusal Set Aside by Delhi High Court

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The Delhi High Court has set aside the Indian Patent Office’s refusal of Blackberry’s communication patent application. Citing a lack of reasoning and violation of natural justice principles, the Court directed a fresh evaluation of the amendments and remaining objections under the Patents Act.

Indian IP Office Schedules Stakeholder Meetings in Kolkata and Chennai on Draft CRI Guidelines

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The Indian IP Office has scheduled in-person stakeholder meetings in Kolkata and Chennai, after the success of sessions in Mumbai and Delhi. to gather feedback on the Draft Guidelines for Computer Related Inventions (CRI). The initiative will allow stakeholders to share their inputs before the finalisation of the CRI policy framework.

Indian IP Office Announces Stakeholder Meetings on Draft CRI Guidelines

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The Indian IP Office has scheduled in-person stakeholder meetings in Mumbai and Delhi to gather feedback on the Draft Guidelines for Computer Related Inventions (CRI). The initiative will allow stakeholders to share their inputs before the finalisation of the CRI policy framework.

What Have You Been Smoking? Personal bias has no place in Tobacco patent evaluation

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The Calcutta High Court has criticised the arbitrary rejection of a tobacco syrup patent by the Indian patent office, urging objective analysis over personal bias. It held that Section 3(b) must not be misused to deny legitimate inventions without proper legal scrutiny and evidence.

Failure to consider Post-filing data violates natural Justice, reiterates Calcutta High Court

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The Calcutta High Court has reiterated that failure to consider post-filing data in patent applications breaches natural justice. In the Takeda case, it found the refusal of a patent for Brigatinib unjustified due to the Controller’s oversight of vital evidence and remanded the matter for reevaluation.

Patent Rejection for Vehicle Monitoring System reversed by Court

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The Madras High Court allowed the appeal filed by TVS Motor Company against the rejection of its patent application pertaining to a Vehicle Monitoring System. The Court observed that the Controller had not adequately examined the validity of the cited prior art and had failed to provide a reasoned analysis with respect to the inventive step. Consequently, the matter was remanded to a different Controller for fresh consideration.