The Delhi High Court has faulted the Patent Office for rejecting a patent application without adequate reasoning. The case involved a beverage can closure design, and the Controller’s decision lacked clarity and failed to address the applicant’s arguments effectively. The Court has sent the case back for a proper re-examination, highlighting the need for thoroughness in patent application reviews.
Read more about Patent refusal order set aside, matter remanded back for DeNovo considerationTag: Inventive Step
Patent refusals: The need for clarity and details beyond mere objections.
The Delhi High Court recently highlighted the importance of clear and detailed reasoning in patent office rejections. In this case of Calm Water Therapeutics LLC’s patent application, the court found the initial rejection order by the patent office to be flawed as the revised claim was not considered and no detailed explanation was provided in the rejection. The court emphasized the need for the Patent Office to provide clear explanations and conduct thorough examinations before rejecting applications.
Read more about Patent refusals: The need for clarity and details beyond mere objections.Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguous
The Delhi High Court recently ruled that the Indian Patent Office (IPO) must clearly and unambiguously articulate objections to patent applications. This case involved Microsoft’s patent application for “Discovery of Secure Network Enclaves,” which was rejected by the IPO for lacking inventive step and violating disclosure requirements. The Court found the IPO’s objections to be ambiguous and procedurally irregular, thereby stressing on fair hearings and proper communication during the patent examination process.
Read more about Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguousPSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.
The Madras High Court has overturned a Patent Office decision that rejected Microsoft’s patent application for “Message Communication of Sensor and other Data.” The Court clarified that the “person skilled in the art” (PSITA) used to assess the inventive step is not omniscient and cannot be presumed to possess the inventive solution claimed in the patent.
Read more about PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside
Protein-free foaming innovation revived! Madras High Court overturns patent refusal due to Controller’s failure to address key arguments and consider crucial differences from prior art. This judgment highlights the importance of thorough analysis and considering applicant submissions in patent decisions.
Read more about Refusal of patent application relating to ‘Soluble Foaming Composition’ set asideReview and Reversal of Patent Refusal Orders by the Madras High Court
Madras High Court supports three inventions by overturning three patent refusals on grounds of Lack of valid grounds (RTA-408 case), failure to consider inventive features (fluidized bed boiler case) and procedural error (fuel temperature control case).
Read more about Review and Reversal of Patent Refusal Orders by the Madras High CourtRefusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court
Madras High Court overturned patent refusal for “Image Construction Apparatus” due to insufficient reasoning from the Controller regarding inventive step and Section 3(k). The Court criticized failure to consider the fact that the European Patent Office (EPO) had granted a patent based on the same prior art references and the disregard to analyze technical aspects per Section 3(k).
Read more about Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High CourtInventive Step of an Invention Analysed
This post was first published on 16th July, 2014. We will today discuss a case in the Indian Patent history that showcases how the IPAB...
Read more about Inventive Step of an Invention AnalysedInventive Step – Technical Advance
This post was published on 18th September, 2013. In a recent case decided by the IPAB at a circuit sitting bench in Delhi on 5th...
Read more about Inventive Step – Technical AdvanceCan Combining Contrivances Give Rise to Inventive Step? – An IPAB Case Note
This post was published on 24th January, 2014. Eaton Electric BV Vs. Deputy Controller of Patents and Designs, Intellectual Property Appellate Board (IPAB) Decision - Mp. No....
Read more about Can Combining Contrivances Give Rise to Inventive Step? – An IPAB Case Note