Tag: Controller of patents

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

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Delhi and Madras High Courts overturned patent refusals for ‘Theta Defensins’ and due to a 6-year delay, setting precedents on amendments and timely decisions.

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Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court

Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court Featured image for Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court

Madras High Court overturned patent refusal for “Image Construction Apparatus” due to insufficient reasoning from the Controller regarding inventive step and Section 3(k). The Court criticized failure to consider the fact that the European Patent Office (EPO) had granted a patent based on the same prior art references and the disregard to analyze technical aspects per Section 3(k).

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Without Proper Inventive Step Analysis, Patent Office’s Order is Unreasoned – Says Delhi High Court

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In a recent case involving Gogoro Inc, the Delhi High Court remanded a patent decision back to the patent office on the ground that the...

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Post-Grant Patent Opposition, Evidence and Hearings: Role of Patent Office, Opposition Board, and Parties

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In a recent decision, the Delhi High Court has reiterated the principles to be followed with respect to patent oppositions, and has once again explained...

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