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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Something More About Swiss Type Claims
This post explores the rationale, development and eventual redundancy of Swiss type claims in patent law. It analyses legal changes in Europe and India regarding second medical use, absolute novelty and recent judicial clarifications.
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