Category: Patents

‘Controller under an obligation to inform inventor’ says Madras High Court

This post examines two crucial orders from the Madras High Court regarding patent refusals, highlighting the necessity for Controllers to provide detailed and well-reasoned orders. The cases of Nihon Onkyo Engineering Co. Ltd. and Qualcomm Incorporated demonstrate the importance of clarity in refusal decisions to facilitate judicial review and ensure transparency.

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Delhi High Court Reverses Patent Office Decision: Honeywell’s Amendments Upheld

The Delhi High Court ruled in favor of Honeywell International Inc., overturning a refusal order by the Patent Office. The court emphasized the importance of fairness and the consideration of claims in conjunction with complete specifications, setting a precedent for thorough examination in patent matters.

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Inventive Step Assessment: To be Anchored in Knowledge of a Person with Ordinary Skill on the Priority Date

The Delhi High Court overturned the patent refusal for Alimentary Health’s probiotic formulation, emphasizing the need for an objective analysis of inventive step under the Patents Act, 1970. The Court criticized the Patent Office’s decision and highlighted the importance of avoiding hindsight bias in evaluating patent applications.

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Boehringer secures Patent Injunction for its Diabetes Drug – Empagliflozin

On May 30, 2024, the High Court of Himachal Pradesh granted an interim injunction to Boehringer Ingelheim, restraining Eris Lifesciences from manufacturing, selling, or marketing Empagliflozin tablets due to patent infringement. The court emphasized the importance of maintaining scientific integrity and upheld the validity of Boehringer’s patent.

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Patent examination should not kill the scientific temper of an inventor

The Madras High Court criticized inconsistent patent examination practices in Industeel France’s case, emphasizing the need for a fair and thorough evaluation process. The court ordered a de novo examination by a different Controller and stressed the importance of maintaining scientific temper.

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New claims, Old claims, and Claim Amendments: Section 59 of the Patents Act

In a significant ruling, the Madras High Court clarified that amending claims in a patent application does not imply abandonment of earlier claims. The court directed that decisions should be based on the amended claims. This analysis was part of Genomatica Inc. vs Controller of Patents case.

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