Promised and Forgotten: How a Pre-Grant Opposition swallowed a hearing
The Bombay High Court, in AIC246 AG & Co. KG v. The Patent Office of India, has set aside a patent rejection that bypassed the mandatory Section 14…
Controller of patents
7 articles
All the Trappings! Bombay High Court Bars Second Patent Appeals
When the Bombay High Court dismissed a patent applicant's appeal after a Single Judge upheld the Controller's refusal, the applicant tried a second round before the Division Bench.…
Fair Hearing First: Delhi HC Sets Aside Patent Refusal Over New Grounds in Order
The Delhi High Court has set aside the Controller of Patents' refusal of a Wirtgen GMBH patent application, finding that new objections introduced for the first time in…
Cannot raise new ground while refusing patent, rules Delhi High Court
Delhi HC set aside a patent refusal against Proprietect L P, citing violation of natural justice, failure to consider amended claims, and lack of reasoning.
You Shouldn’t have filed a Post-Grant Opposition, says Bombay High Court
The Bombay High Court in Safex Chemical India Ltd vs The Controller Of Patents clarified procedures for patent oppositions. The Court dismissed Safex’s writ, emphasising adherence to the…
Delhi HC Interprets the Date of Grant of Patent
The Delhi High Court clarified that a patent is granted on the date the Controller issues a formal order, which determines the timeline for pre-grant oppositions. This decision…
PIL, IPO and Statement of Working of Patents
This post explores the statutory requirements for the statement of working of patents in India, assessing the legal provisions and practical challenges faced by the patent office. It…