73 articles
The Madras High Court has set aside several patent refusal orders, highlighting the need for proper reasoning and adherence to legal procedures. These judgments clarify essential aspects of…
The Madras High Court has set aside a patent refusal for an image construction apparatus, citing insufficient reasoning under Section 3(k) and inventive step. The Court remanded the…
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…
The Delhi High Court criticised the Controller of Patents for a superficial inventive step analysis in a recent patent refusal, emphasising the need for rigorous and well-reasoned assessments.…
This post reviews three High Court decisions reversing unreasoned patent refusals in India, focusing on Section 3(d), novelty, and inventive step. The courts stressed the need for considering…
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…
This article examines whether an advanced ChatGPT could fulfil the role of ‘person skilled in the art’ for patent prosecution in India. It analyses the legal definition and…
The Delhi High Court set aside a Patent Office order rejecting Gogoro Inc's application for lack of inventive step, citing inadequate reasoning. The case was remanded for proper…
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…
The Chemtura case highlights IPAB’s approach to inventive step and patent revocation in contrast with the US BPAI’s grant. The decision underscores the significance of precise drafting and…