Indian Patent Act | Intellepedia

Reasoned orders are a necessity in patent refusals, Madras HC reiterates

The Madras High Court overturned a patent refusal in Signal Pharmaceuticals vs. Deputy Controller of Patents, citing a lack of reasoning in the rejection order. The Court observed that the Patent Office failed to address the applicant’s arguments, disregarded amended claims, and provided no justification for the refusal under Section 2(1)(ja) and Section 3(d) of the Patents Act. The case was remanded for reconsideration, reinforcing the necessity of well-reasoned patent orders.

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

The Madras High Court has set aside a patent refusal for an image construction apparatus, citing insufficient reasoning under Section 3(k) and inventive step. The Court remanded the matter for reconsideration, highlighting the importance of well-reasoned decisions in patent law.

Madras High Court’s Progressive Stance on Patent Claim Amendments and Other Aspects

The Madras High Court has delivered important rulings on patent claim amendments, exclusions, and rejection protocols under Indian law. These decisions clarify key patentability standards and reinforce the necessity for precise drafting and strategic approach by patent professionals.

Could an advanced Chat GPT be ‘the person skilled in the art’ for patent prosecution?

This article examines whether an advanced ChatGPT could fulfil the role of ‘person skilled in the art’ for patent prosecution in India. It analyses the legal definition and the potential for AI to support or transform patent examination.

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

This post provides an analytical overview of the procedures and legal standards for post-grant patent opposition in India. It examines the Delhi High Court’s guidance on evidence, hearings, and the respective roles of the Patent Office and Opposition Board, underscoring the need for transparency and timely adjudication.

Post-dating Patent Applications

This post addresses the process and legal implications of post-dating patent applications in India. It highlights statutory provisions, judicial interpretation, and practical risks associated with shifting the priority date.

The Right Time and Means to Publish a Patent Application

This article discusses the legal timeline and methods for publishing a patent application in India. It covers statutory requirements, exceptions, early publication, and the implications for applicants and third parties.

Demystifying the Evergreen myth

This post explores evergreening in pharmaceutical patents and how Section 3d of the Indian Patent Act limits patentability for incremental inventions. It discusses the implications for innovation, generic competition, and the evolving legal landscape in India.

Compulsory License for “Not working”

This post discusses the legal grounds for granting compulsory licenses when patented drugs are not locally worked in India, as revealed through recent Form 27 compliance issues. It analyses relevant sections of the Indian Patent Act and the implications for innovator pharmaceutical companies.

Patent Publication In India

The post provides a thorough examination of patent publication procedures in India under the Patent Act. It covers standard and early publication, legal effects, and the role of official gazettes, maintaining a clear and analytical approach.