Intellepedia | Page 3 of 293

Section 3(i) Rejections Reversed: Diagnostic Methods Must Disclose Pathology Per Se

In two recent decisions, the Madras High Court reversed patent application rejections under Section 3(i), clarifying that only diagnostic methods disclosing pathology per se fall within the exclusion. The Court remanded matters for fresh review, ensuring fair consideration and reasoned decisions by the IPO.

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

A smiling woman in an office uses billing software on her computer, with a large “PATENTED” seal displayed over the screen, signifying the billing software has received patent protection.

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.

Epifi Outspeeds F1 Trademark in Court – No Use, No Rights!

Two cars racing side-by-side toward a checkered finish line with a waving finish flag; one car with FI MONEY written on it leads as it speed past the car with F1 on it.

The Delhi High Court cancelled the F1 trademark held by Formula One in Class 36 for non-use in India, following Epifi’s rectification petition. The decision reaffirms that trademark rights require genuine and ongoing use.

‘Parliament’ Isn’t Just for Politicians

Illustration of the Indian Parliament building with the national flag atop, captured during golden hour. A 'TRADEMARK' stamp is superimposed on the right side of the image, symbolising legal or intellectual property context.

The Delhi High Court has clarified that the use of “Parliament” as a trademark does not violate the Emblems and Names Act if used as a common noun. This ruling enables businesses to use such terms in branding, as long as they don’t imply a direct association with governmental institutions.

Astrology Meets IP – Zodiac Strategies for the Week Ahead (June 8–14)

Bright yellow background with a dreamcatcher, a lit red candle, and a zodiac wheel chart featuring astrological symbols. The text "Astrology Meets IP – Zodiac Strategies for the Week Ahead" is prominently displayed in a stylish font.

In this week’s IP-Astro edition, we take a fun and imaginative look at how each zodiac sign might symbolically approach intellectual property decisions as the Sun enters Gemini. From brand protection to licensing, these reflections are meant to spark creative thinking around IP—not to be taken as serious astrology or legal advice. It’s all in good spirit and for entertainment only!

IndiaMart, PUMA, Drop-Downs, and Intermediary Liability

A man carrying a box walks on a running track that leads into a web browser window, symbolizing entry into an online marketplace.

In a trademark infringement dispute between IndiaMART Intermesh Ltd. (“IndiaMART”) and PUMA SE (“PUMA”), the Division Bench of the Delhi High Court set aside a prior injunction restraining IndiaMART from offering the PUMA trademark as an option in its seller registration drop-down menu. The Court permitted IndiaMART to continue offering trademark-based menu items and search terms, subject to obligations regarding takedown of infringing listings.

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

Cows feeding on hay in a livestock enclosure with an overlaid banner text that reads "Feed Supplementation Not A Method of Treatment".

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’

A colourful collage of sticky notes spelling out the word "UNKNOWN" is placed against a green and black background, with a blurred field of black question marks in the backdrop symbolising ambiguity and lack of clarity.

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.

All May Use “One for All” — But None May Own It

A digitally illustrated banner features the Three Musketeers in the center, wearing blue tunics with white crosses, brown gloves, and wide-brimmed hats, each holding a rapier. On the left side of the image, the phrase “ONE FOR ALL” appears in a playful white font, while “ALL FOR ONE” is displayed in matching style on the right. The background is a dark muted green, creating contrast that highlights both the figures and the text

In a recent decision, the Delhi High Court dismissed an appeal by Oswaal Books and Learnings Private Limited (“Oswaal Books”) challenging the refusal of their trademark application for the phrase “ONE FOR ALL.” The Court upheld the Registrar of Trade Marks’ decision, and came to the conclusion that the applied mark was devoid of any inherent or acquired distinctiveness.