Indian Patent Law | Intellepedia

Delhi High Court Grants Patent Application Restoration After Agent’s Error

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Delhi High Court restores Synertec’s patent application, ruling that agent error, not intent, caused the missed Form-18 deadline.

Can Claims Presumptively Inherit the Priority Date of a Provisional Application?

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In Rallis India Limited v. Deputy Controller of Patents and Others, the Madras High Court refused to assume that claims automatically inherit the priority date of a provisional, especially where the crucial EC formulation emerges only in the complete specification. The decision pushes the Patent Office to treat priority and prior art questions as matters for analysis, not default settings.

Section 3(i) Rejection Set Aside: Court Clarifies Scope of Pharmaceutical Patent Claims

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The Delhi High Court reiterated that a properly drafted pharmaceutical composition claim cannot be dismissed as a “method of treatment” under Section 3(i), and has sent Medilabo’s neurodegenerative drug application back for a full, merits-based examination.

Comments and Suggestions on Patent Agent Code of Conduct and Patent Rules Draft

DPIIT’s publication of the draft rules and draft Code of Conduct has provided an opportunity for stakeholders to share their views on the future regulatory framework for patent agents. Patent agents at BananaIP Counsels have responded with detailed comments at general and specific levels, offering suggestions that aim to make the framework more practical and suitable for modern patent practice. Their submission seeks to contribute to a balanced ecosystem that enables the continued growth of innovation in India.

Madras High Court Overturns Patent Refusal for Ab Initio’s Data Lineage Invention

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Madras High Court patent judgment backs Ab Initio’s data lineage invention, affirming novelty and inventive step in software patents.

Patent Refusal Cannot Be a Single Line: Calcutta High Court Calls for Reasoned Orders

Yellow road marking with bold black text reading “SINGLE LINE. DO NOT CROSS,” symbolizing the lack of reasoning in the Stromag GmbH patent refusal—a single-line decision that violated principles of natural justice.

In the case of Stromag GmbH vs. Controller General of Patents, the Calcutta High Court ruled that patent refusal orders must contain detailed reasoning. A single-line dismissal, the court said, does not meet the legal standards of a quasi-judicial function and is unsustainable.

Infrared-Based Biomolecule Detection is Not excluded under Section 3(i) of the Patents Act: Delhi HC

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In the case of EMD Millipore Corporation vs Assistant Controller of Patents and Designs, the Delhi High Court held that a non-invasive method for analysing biomolecules is not excluded from patentability under Section 3(i). The Court allowed the applicant to revert to earlier claims and upheld the right to amend claims in appeal.

Calcutta High Court Clarifies Scope of Section 3(h) in Patent Law: Base SE v. Controller of Patents

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In Base SE v. Deputy Controller of Patents, the Calcutta High Court ruled that scientific and technical inventions addressing agricultural problems are not excluded under Section 3(h). It also clarified that partial grant of patent claims is not permitted under Indian patent law.

Saint-Gobain Patent Rejection: Delhi HC Finds No Inventive Step in Glass Coating Claim

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Delhi HC upholds Saint-Gobain patent rejection, ruling that the glass coating claim lacked inventive step and failed to show technical advancement.

Old Wine in New Bottle: Distillery Waste Patent Denied

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Delhi HC affirms rejection of a patent on ZLD process from distillery waste, citing lack of inventive step and application of Section 3(d) of the Patents Act.