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. The court’s answer, drawing on Section 100A CPC and the “trappings of a Civil Court” doctrine closes a significant procedural door for Indian patent litigants.
Read more about All the Trappings! Bombay High Court Bars Second Patent AppealsTag: Controller of patents
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 the final order – without prior notice – violated the applicant’s right to a fair hearing.
Read more about Fair Hearing First: Delhi HC Sets Aside Patent Refusal Over New Grounds in OrderCannot 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.
Read more about Cannot raise new ground while refusing patent, rules Delhi High CourtYou 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 statutory process under Indian patent law.
Read more about You Shouldn’t have filed a Post-Grant Opposition, says Bombay High CourtDelhi 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 provides important clarity on the interpretation of Section 25 of the Patents Act for Indian patent practitioners.
Read more about Delhi HC Interprets the Date of Grant of Patent