Indian Patent Law | Intellepedia

PSITA 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.

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.

Madras 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.

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.

Madras 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.

Indian Startup Secures Interim Injunction in PIP Patent Dispute with Canva

The Delhi High Court granted an interim injunction to Rxprism Health Systems against Canva over a PIP patent dispute. The Court found a prima facie case of infringement and upheld the importance of patent rights and public interest.

Pharmaceutical Regulatory Data Protection in India

This article analyses regulatory data protection in India under TRIPS and domestic law. It discusses the balance between originator protection and access to generic medicines, highlighting the implications for public health and the pharmaceutical industry.

Patent Application Naming AI as Inventor in India – Dr. Kalyan C. Kankanala opposes Stephen Thaler’s Patent application

Dr Kalyan C Kankanala has opposed Stephen Thaler’s Indian patent application that names AI as the inventor. The post analyses the legal position of AI inventorship under Indian patent law and highlights key arguments presented in the opposition.

Can you revive abandoned/lapsed patents and patent applications in India?

This article explores when and how abandoned or lapsed patents and patent applications may be revived in India, referencing key court decisions. It provides practical legal insights on intent, deadlines, and the scope for extensions under extraordinary circumstances.

Principles for filing Divisional Patent Applications in India

This post reviews the legal principles for filing divisional patent applications in India, focusing on the requirement for a plurality of inventions in the parent application’s claims. It provides an analytical overview of recent court decisions and statutory provisions governing the process.