Madras High Court | Intellepedia

Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered under Section 3(i) Exclusion

The Madras High Court ruled that methods for producing antibodies in genetically modified animals are patentable under Indian law and are not excluded by Section 3(i). This decision clarifies the scope of patent eligibility for biotechnological inventions involving animal models.

Section 3(j), Essentially biological processes and human intervention

The Madras High Court considered whether human intervention in a plant breeding method excluded it from section 3(j) of the Patents Act. The case was remanded to the Patent Office, underlining the importance of clear reasoning in patent refusals involving essentially biological processes.

Prakash Pipes prevails over later trademark for ‘Prakash’

The Madras High Court cancelled a later identical trademark registration, upholding Prakash Pipes’ prior rights and extensive use. The Court found the later registration was malicious and reinforced the importance of trademark non-use provisions in India.

Thou shall not ‘STEEL’ a trademark, says court

The Madras High Court has ruled in favour of Prakash Ferrous Industries, granting them an injunction over the TIRUMALA trademark for TMT steel bars. The judgment reinforces the importance of prior use and documentary proof in Indian trademark law.

A doped order on method of doping, court clarifies

The Madras High Court upheld the Patent Office’s refusal of IIT Madras’s patent application for a method of doping potassium into ammonium perchlorate. The judgment clarifies the application of Section 3d and inventive step requirements in Indian patent law.

Green Cross Crosses court’s bridge to win appeal

The Madras High Court set aside the patent refusal order against Green Cross, highlighting errors in the assessment of inventive step and technical disclosure. The case has been remanded for fresh examination within four months, with directions to provide a hearing to Green Cross.

Madras HC on Phonetic Similarity: Little Einsteins vs. Little Einsteinz

The Madras High Court examined the issue of phonetic similarity in a trademark dispute involving ‘LITTLE EINSTEINS’ and ‘LITTLE EINSTEINZ’. It held that the Respondent’s mark was deceptively similar, leading to rectification of the Trade Marks Register.

Cow dung lamp from Traditional Knowledge fails to light up patentability standards

The Madras High Court dismissed an appeal seeking patent protection for a cow dung lamp, finding it ineligible due to reliance on traditional knowledge and lack of inventive step. The judgment offers clarity on the application of Section 3(p) and inventive step analysis under Indian patent law.

Court balances Hygieia’s patent application after IPO disbalances it under section 59

The Madras High Court set aside the refusal of Hygieia’s patent application, stressing the importance of considering amended claims with the original specification. The case provides key guidance on section 59 and claim amendments under Indian patent law.

“Focus on technology, not semantics” says court in case involving gene technology

The Madras High Court set aside a patent refusal for a gene technology application, criticising the Controller’s excessive focus on semantics over scientific content. The judgment directs the patent office to reconsider the application with an emphasis on technological merit.