The Delhi High Court set aside a patent refusal order under section 15 of the Patents Act, directing a de novo reconsideration. The case underscores the need for reasoned decisions in Indian patent law proceedings.
Read more about Patent refusal order set aside, matter remanded back for DeNovo considerationTag: Indian Patent Law
Patent (Amendment) Rules 2024 come into effect, significant changes introduced.
The Patent (Amendment) Rules 2024 bring notable procedural changes to the Indian patent system, including shorter timelines, new forms, and updated requirements. These amendments aim to simplify processes and enhance compliance for patent applicants and patentees.
Read more about Patent (Amendment) Rules 2024 come into effect, significant changes introduced.Kudos Pharma v. Natco Pharma: A case on patent claims, coverage, validity and infringement.
The Delhi High Court’s decision in Kudos Pharma v. Natco Pharma reviews crucial aspects of patent law, including credible challenge and the distinction between patent coverage and disclosure. The Court granted an interim injunction to Kudos Pharma, reinforcing core principles of Indian patent jurisprudence.
Read more about Kudos Pharma v. Natco Pharma: A case on patent claims, coverage, validity and infringement.Patent refusals: The need for clarity and details beyond mere objections.
The Delhi High Court has stressed the necessity for detailed reasoning in patent refusal decisions. In this case, the absence of specific analysis and clarity in rejecting a divisional application led to the order being set aside and remanded for reconsideration.
Read more about Patent refusals: The need for clarity and details beyond mere objections.Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguous
The Delhi High Court has reiterated that objections on insufficiency of disclosure in patent applications must be clear and precise. Procedural lapses by the Indian patent office can undermine the fairness of the patent examination process.
Read more about Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguousPSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.
The Madras High Court has overturned the refusal of Microsoft’s patent application, clarifying the correct approach to assessing inventive step and the PSITA standard under Indian law. The decision highlights the need for a nuanced analysis of prior art and patent claims.
Read more about PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside
The Madras High Court has overturned the Controller of Patents’ refusal of a soluble foaming composition patent, highlighting procedural lapses in considering applicant submissions. The matter will now be reconsidered by another patent officer within four months.
Read more about Refusal of patent application relating to ‘Soluble Foaming Composition’ set asideMadras High Court provides clarity on Proof of Right, says date of assignment and date of declaration are different.
The Madras High Court clarified the distinction between assignment and declaration dates for proof of right under Section 7(2) of the Patents Act. This ruling guides applicants and controllers on procedural objections in Indian patent applications.
Read more about Madras High Court provides clarity on Proof of Right, says date of assignment and date of declaration are different.Refusal of a patent application based on prior art not cited in hearing notice set aside by the Delhi High Court
The Delhi High Court set aside a patent refusal where the Controller relied on prior art not cited in the hearing notice. The decision underscores the importance of fair opportunity and proper analysis in patent proceedings in India.
Read more about Refusal of a patent application based on prior art not cited in hearing notice set aside by the Delhi High CourtMadras High Court Rulings on Patent Application Refusals
Recent Madras High Court rulings have clarified the standards for refusing patent applications in India. The Court emphasized the need for clear, detailed reasoning in refusals, ensuring transparency and fairness in the patent examination process.
Read more about Madras High Court Rulings on Patent Application Refusals