Section 3(k) principles – Ericsson vs. Lava – Part 2
This post analyses the Delhi High Court’s interpretation of Section 3(k) in Ericsson vs Lava, focusing on the patentability of algorithms and computer programs in India. It clarifies…
Indian Patent Law
204 articles
Standard Essential Patents (SEPs) and Royalty Rates (Ericsson vs. Lava) – Part 1
The Delhi High Court’s judgment in Ericsson vs. Lava clarifies major legal standards for standard essential patents, FRAND royalties, and infringement in India. This case note examines the…
All elements rule versus Doctrine of equivalents, a recent decision by Delhi High Court
The Delhi High Court recently addressed the interplay between the all elements rule and the doctrine of equivalents in a patent dispute over brick-making machines. The Court granted…
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…
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…