Court refuses interim injunction based on Patent Prosecution History
The Delhi High Court refused an interim injunction in a patent dispute over a fuel cap, citing ambiguous claims and prosecution history. The judgment highlights the need for…
Indian Patent Law
202 articles
Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity
The Delhi High Court upheld the validity of Novartis’s Ceritinib patent against Natco’s challenge, addressing divisional application issues and allegations of suppression. The injunction against Natco remains in…
Court restores patent application despite missed deadline to file request for examination
The Delhi High Court restored a patent application that was deemed withdrawn after a missed Form 18 deadline caused by agent negligence. The Court held that applicants should…
Delhi High Court Orders Restoration of Patent Lapsed Due to Communication Error of the Patent Office
The Delhi High Court ordered restoration of a lapsed patent after finding that the Patent Office’s communication error led to non-payment of renewal fees. The judgment highlights the…
Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered under Section 3(i) Exclusion
The Madras High Court ruled that methods for producing antibodies in genetically modified animals are patentable under Indian law and are not excluded by Section 3(i). This decision…
Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiterates
The Delhi High Court has reaffirmed that claim amendments falling within the scope of the original patent specification are permissible under Indian law. The judgment provides clarity on…
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…
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…
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…
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…