Indian Patent Law | Intellepedia

Non-Disclosure of Prior Art in Hearing Notice Violates Natural Justice, Rules Delhi High Court

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In Croda Inc. v. Controller of Patents, the Delhi High Court emphasized procedural fairness and ruled that the non-disclosure of prior art in a hearing notice constitutes a breach of natural justice. The Court remanded the case for fresh evaluation.

Pharmacyclics Divisional Patent Application Upheld by Calcutta High Court

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Calcutta High Court upholds Pharmacyclics divisional patent application for ibrutinib-anti-CD20 therapy, interpreting Section 16 of the Patents Act, 1970.

Amgen’s Lyophilized Peptibody Patent Upheld by Madras High Court

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Madras High Court backs Amgen on lyophilized peptibody formulations, rejecting Section 3(d), 3(e) and inventive step objections. Grant directed, with claims narrowed to supported sequences.

Delhi High Court Patent Injunction: Aquestia Wins Against Automat Industries

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Delhi High Court grants patent injunction to Aquestia, stopping Automat from selling Hydromat valves over suspected patent infringement.

Squibb Secures Interim Injunction Against Zydus in Nivolumab Patent Dispute

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The Delhi High Court has issued an interim injunction restraining Zydus from launching its Nivolumab biosimilar, siding with Squibb’s claim of imminent patent infringement.

Delhi HC Remands Oxidation Process Patent Rejection, Cites Invalid Section 2(1)(j) and 59 Findings

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In the case of Treibacher Industrie AG v. Assistant Controller of Patents, the Delhi High Court set aside the refusal of a patent application for a catalytic oxidation process. It held that the amended claims qualified as a process invention and were within the permissible scope of amendment under Section 59.

Court Awards ₹50 Lakh to GSP Crop Science in Patent Infringement Case Over Agrochemical Formula

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Delhi HC orders ₹50 lakh in damages to GSP Crop Science for patent infringement in agrochemicals, affirming seller liability under Indian patent law.

Patented Biologics and Section 104A: No Process Disclosure Without Proving Product Identity

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Roche sued Zydus for infringing its process patent on Pertuzumab. The Delhi High Court held that Roche had not shown Zydus’s biosimilar was identical to its product. Without identity, Section 104A did not apply, and the Court refused to compel Zydus to disclose its manufacturing process.

Who Bears the Patent Credibility Challenge Burden?

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Mold Tek filed a case for infringement of its patents relating to tamper-proof plastic lids, and secured an interim injunction. The Commercial Court vacated the injunction, placing the burden of establishing validity on the patentee. The Delhi High Court reversed this, clarifying that it is the defendant’s burden to raise a credible invalidity defence under Section 107.

Patent Application for System to Locate Users on P2P Networks Refused under Section 3(k)

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The Delhi High Court has upheld the refusal of a patent application for a system that locates users on peer-to-peer networks. The Court ruled that the invention was a computer program per se, excluded from patentability under Section 3(k) of the Patents Act.