Calcutta High Court | Intellepedia

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

A red "REJECTED" stamp is shown on the left side, while a hand on the right holds a green reverse card from the Uno game, symbolizing a reversal of decision. The background is a soft peach color.

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 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.

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

A cigarette crossed out with a red prohibition sign, flanked by comic-style text bubbles reading "WHAT?" on the left and "WHY!" on the right, against a blue background

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

3D molecular structure with colored spheres representing atoms (carbon, hydrogen, oxygen, nitrogen) on the left, accompanied by bold black text on a light beige background that reads: 'Failure to Consider Post-Filing Data Violates Natural Justice'

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.

Failure to Disclose Prior Art in Hearing Notice Violates Procedural Fairness, Rules Calcutta High Court

"Dictionary entry highlighting the word 'disclose' with its definition to make information known or public."

Introduction The Calcutta High Court recently overturned the Controller’s decision to reject a patent application in the case of UCB Pharma GmbH & Anr. v....

When Delay Becomes Denial: Calcutta High Court Overturns Patent Rejection

The recent judgement of the Calcutta High Court in BASF SE v. Joint Controller of Patents warrants attention for multiple reasons, particularly as it addresses...

Hybrid Cell Inventions: Section 3(j) of the Patents Act Does Not Apply

In a recent decision, the Calcutta High Court upheld an appeal filed by BTS Research International Pty Ltd (“BTS”) challenging the rejection by the Assistant...

The sticky trademark fight between “FIGHTER” and “FITTER”

The Calcutta High Court has granted interim relief to Kamal Kumar Hirawat, restraining Maruti Poly Films from using the trademark “FITTER.” The Court held that the mark was deceptively similar to the petitioner’s registered trademark “FIGHTER,” used for adhesive tapes since 1995, and could cause consumer confusion, potentially harming the petitioner’s business.

Micky Metals runs out of “LUX”, Court issues injunction against using “LUX TMT” Trademark

The Calcutta High Court ruled in favor of Biswanath Hosiery Mills, granting a permanent injunction against Micky Metals for passing off the “LUX” trademark. The Court emphasized the Plaintiffs’ prior use and substantial goodwill, holding the Defendant’s mark “LUX TMT” deceptively similar. Remedies included profit accounting since 2009 and the prevention of further use.

Trademark Exhaustion: Resale of lawfully acquired TMT Bars does not amount to Trademark Infringement

The Calcutta High Court denied an interim injunction to SRMB Srijan Pvt. Ltd., which sought to prevent the resale of its TMT bars by defendants citing trademark infringement. The Court held that resale of lawfully acquired SRMB products did not violate trademark rights, as per the Trade Marks Act, 1999, pending further investigation of alleged unauthorized territorial sales.