Patent refusal order set aside, matter remanded back for DeNovo consideration
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…
Indian Patent Law
201 articles
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…
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.…
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…
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…
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…
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…
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…
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…
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…