In a recent decision, the Calcutta High Court upheld an appeal filed by BTS Research International Pty Ltd (“BTS”) challenging the rejection by the Assistant...
Read more about Hybrid Cell Inventions: Section 3(j) of the Patents Act Does Not ApplyTag: Indian Patent Law
From Algorithms To AI: Patentability Under The 2025 CRI Draft Guidelines
The 2025 Draft CRI Guidelines issued by the Indian Patent Office refine the criteria for patentability of Computer Related Inventions (CRIs), emphasizing technical effect, inventive step, sufficiency of disclosure, and proper claim drafting for AI, blockchain, and emerging technologies.
Read more about From Algorithms To AI: Patentability Under The 2025 CRI Draft GuidelinesClarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)
The Delhi High Court, in Syngenta Crop Protection AG vs. Assistant Controller of Patents and Designs, examined the rejection of an Indian patent application under Section 3(h) of the Patents Act. The Court ruled that plant treatment methods are distinct from agricultural processes, referring to the 2003 amendment to Section 3(i), and remanded the case for fresh examination with amended claims.
Read more about Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law
The Madras High Court allowed Idemia Identity & Security France’s appeal, setting aside a refusal order under Section 3(k) for a cryptography patent. The Court ruled the order as a non-speaking one and in violation of natural justice. It directed fresh consideration of the matter, emphasizing technical contributions and adherence to CRI and European guidelines.
Read more about Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent LawMadras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice
The Madras High Court overturned the Controller’s refusal of Intervet International’s patent application, underscoring the importance of natural justice and reasoned orders in patent proceedings. The case involved complex issues under Sections 3(d) and 3(e) of the Patents Act, with the Court remanding the matter for reconsideration.
Read more about Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural JusticePatent examination should not kill the scientific temper of an inventor
The Madras High Court criticized inconsistent patent examination practices in Industeel France’s case, emphasizing the need for a fair and thorough evaluation process. The court ordered a de novo examination by a different Controller and stressed the importance of maintaining scientific temper.
Read more about Patent examination should not kill the scientific temper of an inventorNew claims, Old claims, and Claim Amendments: Section 59 of the Patents Act
In a significant ruling, the Madras High Court clarified that amending claims in a patent application does not imply abandonment of earlier claims. The court directed that decisions should be based on the amended claims. This analysis was part of Genomatica Inc. vs Controller of Patents case.
Read more about New claims, Old claims, and Claim Amendments: Section 59 of the Patents ActPatent: Basics of Specification Drafting – Presentation by Somashekar Ramakrishna
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[slideshare id=45409802&doc=basicsofspecificationdrafting-150304014411-conversion-gate01] The presentation herein, on Basics of Specification Drafting, was delivered by Mr. Somashekar Ramakrishna at the National Law School of India University, Bangalore, for...
Read more about Patent: Basics of Specification Drafting – Presentation by Somashekar RamakrishnaPresentation on Patent Infringement Analysis by Dr. Kalyan
[slideshare id=45407242&doc=patentinfringementanalysis-150304000311-conversion-gate01] The presentation herein, on patent infringement analysis, is delivered by Dr. Kalyan Kankanala at the National Law School of India University, Bangalore, for...
Read more about Presentation on Patent Infringement Analysis by Dr. Kalyan