Indian Patent Law | Intellepedia

Blackberry blacks out in case relating to patentability of algorithmic processes

The Delhi High Court dismissed Blackberry’s appeal against refusal of its patent application, holding that algorithmic processes remain excluded from patent protection under Indian law. The decision clarifies the interpretation of Section 3k with respect to software and computer-related inventions.

Section 3(j), Essentially biological processes and human intervention

The Madras High Court considered whether human intervention in a plant breeding method excluded it from section 3(j) of the Patents Act. The case was remanded to the Patent Office, underlining the importance of clear reasoning in patent refusals involving essentially biological processes.

Unreasoned Post Grant Opposition Decision Set Aside by the Calcutta High Court

The Calcutta High Court set aside a post grant opposition decision in a patent dispute for inadequate reasoning and lack of independent analysis. The matter has been remanded for fresh consideration before a different officer to uphold procedural fairness.

Green Cross Crosses court’s bridge to win appeal

The Madras High Court set aside the patent refusal order against Green Cross, highlighting errors in the assessment of inventive step and technical disclosure. The case has been remanded for fresh examination within four months, with directions to provide a hearing to Green Cross.

Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

The Calcutta High Court has clarified the standards for product-by-process patent claims in India, focusing on the necessity of expert evidence in infringement cases. The decision in West Bengal Chemicals v. GTZ provides important guidance for pharmaceutical patent litigation.

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.