The Madras High Court affirmed the validity of Malladi Drugs’ patent for chiral beta-amino alcohols, highlighting the invention’s novelty and inventive step. The judgment clarifies key principles on patent revocation and the definition of a “person interested” under Indian patent law.
Read more about Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & PharmaceuticalsTag: Indian Patents Act
‘Controller under an obligation to inform inventor’ says Madras High Court
The Madras High Court stressed that patent Controllers are obliged to provide detailed reasoning for refusals, enabling inventors to understand the grounds for rejection. The Court set aside two refusal orders and ordered fresh consideration, reinforcing the importance of transparency and due process in Indian patent law.
Read more about ‘Controller under an obligation to inform inventor’ says Madras High CourtCourt criticizes Patent Office for using outdated CRI Guidelines
The Madras High Court condemned the Patent Office’s reliance on outdated CRI guidelines in Microsoft’s patent application case, highlighting the significance of technical effect in computer related inventions. The court allowed the appeal and directed a new evaluation.
Read more about Court criticizes Patent Office for using outdated CRI GuidelinesMethod of producing ‘protein enriched blood serum’ is not a method of treatment under Section 3(i), says the Delhi High Court
The Delhi High Court ruled that a method of producing protein enriched blood serum is not a method of treatment under Section 3(i) of the Patents Act. The Court set aside the refusal and directed the Patent Office to reconsider the application after a fresh hearing.
Read more about Method of producing ‘protein enriched blood serum’ is not a method of treatment under Section 3(i), says the Delhi High CourtVitiation of IPAB and Beyond – Changes to the Indian Patents Act
The abolition of the IPAB has shifted appellate and adjudicatory functions under the Indian Patents Act to the High Courts. This post analyses the significant legal changes, outlining the expanded role of Indian High Courts in patent matters after the Tribunals Reforms Ordinance 2021.
Read more about Vitiation of IPAB and Beyond – Changes to the Indian Patents ActDelhi High Court Patent Rules: Comments
This article provides analytical comments on the draft Delhi High Court Patent Rules 2020, focusing on proposed amendments and their legal justification. The discussion addresses critical procedural definitions for patent suits in India.
Read more about Delhi High Court Patent Rules: CommentsPatentability Requirements in India
This post explores the five patentability requirements under Indian law, including subject matter, novelty, inventive step, industrial applicability, and specification. It discusses statutory provisions, key case law, and practical considerations in patent grant and validity assessments.
Read more about Patentability Requirements in IndiaPatent Filing Essentials
This post summarises the key requirements for filing a patent in India, including eligibility, timing, and procedural steps. It highlights essential documents and legal considerations for inventors seeking patent protection.
Read more about Patent Filing EssentialsPermission to File a Patent Application Outside India
Indian residents must secure permission from the Patent Office before filing a patent application outside India. Section 39 of the Indian Patents Act outlines the process and consequences of non-compliance. This post details the requirements and legal implications for inventors.
Read more about Permission to File a Patent Application Outside IndiaDenial of Opportunity to be Heard Violates Principle of Natural Justice
The IPAB set aside a patent rejection after finding that Ericsson was denied a proper opportunity to be heard. The decision reaffirms that natural justice is central to patent proceedings and applicants’ rights cannot be overlooked.
Read more about Denial of Opportunity to be Heard Violates Principle of Natural Justice