Indian Patent Law | Intellepedia

CGPDTM Calls Stakeholders Meeting on Patents Amendment Rules, 2024

The CGPDTM has called for a virtual stakeholders meeting on 29th July, 2024, to discuss the statement of working requirements under the Patents Amendment Rules, 2024. Stakeholders can join the open house session to share feedback and concerns related to Form-27 filing.

Cool interim order for ITW’s pre-conditioned air patent, but Competitor’s airport deals allowed to continue

The Delhi High Court issued a significant interim injunction in the ITW pre-conditioned air patent dispute, focusing on inventive step and claim construction under Indian law. While ITW secured a ban on future infringing acts, Dabico’s existing airport deployments were allowed to proceed.

Cow dung lamp from Traditional Knowledge fails to light up patentability standards

The Madras High Court dismissed an appeal seeking patent protection for a cow dung lamp, finding it ineligible due to reliance on traditional knowledge and lack of inventive step. The judgment offers clarity on the application of Section 3(p) and inventive step analysis under Indian patent law.

Court balances Hygieia’s patent application after IPO disbalances it under section 59

The Madras High Court set aside the refusal of Hygieia’s patent application, stressing the importance of considering amended claims with the original specification. The case provides key guidance on section 59 and claim amendments under Indian patent law.

“Focus on technology, not semantics” says court in case involving gene technology

The Madras High Court set aside a patent refusal for a gene technology application, criticising the Controller’s excessive focus on semantics over scientific content. The judgment directs the patent office to reconsider the application with an emphasis on technological merit.

Court Cranks the Clock Back on Opposed Crankshaft Patent Refusal

The Madras High Court set aside the refusal of an opposed piston engine patent, citing insufficient analysis of inventive features. The case underscores the need for detailed examination of claim amendments and inventive step in Indian patent proceedings.

Patent on Portable Vehicle Management System goes offtrack

The Delhi High Court upheld the refusal of a patent application for a portable vehicle management system, citing lack of inventive step over prior art. This case highlights the application of key Indian patent law principles on non-obviousness and inventive step, particularly regarding mosaicing and hindsight bias.

Patent examination should not kill the scientific temper of an inventor

The Madras High Court set aside the rejection of Industeel France’s patent application, stressing the need for fair and consistent patent examination. The judgment highlights the importance of protecting inventors’ scientific temper and ensuring time-bound decisions under Indian patent law.

New claims, Old claims, and Claim Amendments: Section 59 of the Patents Act

This post examines a Madras High Court ruling on Section 59 of the Patents Act regarding patent claim amendments. The Court clarified procedural requirements and applicant rights during the patent examination process in India.

Monoclonal antibodies and Patents – How the Madras High Court interpreted Section 3(c)

The Madras High Court clarified the interpretation of Section 3c regarding patent eligibility of monoclonal antibodies in India. The Court held that synthetic antibodies may be patentable if they demonstrate novelty or technical advancement.