Claim amendments | Intellepedia

Infrared-Based Biomolecule Detection is Not excluded under Section 3(i) of the Patents Act: Delhi HC

Close-up of a metallic microscope lens projecting an infrared beam onto stylized chemical structures, with DNA-like strands and an “IR” graph on a dark background.

In the case of EMD Millipore Corporation vs Assistant Controller of Patents and Designs, the Delhi High Court held that a non-invasive method for analysing biomolecules is not excluded from patentability under Section 3(i). The Court allowed the applicant to revert to earlier claims and upheld the right to amend claims in appeal.

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

Illustration of a peaceful, smiling monk in orange robes sitting cross-legged with eyes closed, surrounded by a yellow halo, under the curved text "It’s all about accepting the change" on a peach background.

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.

Courts Weigh on Inordinate Delay in Patent Orders and Scope of Claim Amendments

The Delhi and Madras High Courts recently set aside patent refusal orders, addressing inordinate delays and the scope of permissible claim amendments. These judgments clarify key patent law principles and reinforce procedural fairness in India.

Prosecution History E’stop’pel!

This post discusses prosecution history estoppel and its influence on the doctrine of equivalents, using the Felix v. Honda case to highlight key legal implications. It underscores the necessity for precise claim amendments during patent prosecution to avoid unintended limitations on enforcement rights.

Automobile Patent: Claim Amendments for Common Rejections during Patent Prosecution

This article discusses strategies to address common rejections during automobile patent prosecution, focusing on claim amendments under various statutory provisions. It offers practical guidance for drafting compliant claims and overcoming objections in the Indian context.