Natural Justice | Intellepedia

Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice

The Madras High Court set aside a patent refusal under section 3d, citing lack of procedural fairness and insufficient reasoning. The Court directed reconsideration, underscoring the necessity of reasoned orders and respect for principles of natural justice in patent proceedings.

Unreasoned Post Grant Opposition Decision Set Aside by the Calcutta High Court

The Calcutta High Court set aside a post grant opposition decision in a patent dispute for inadequate reasoning and lack of independent analysis. The matter has been remanded for fresh consideration before a different officer to uphold procedural fairness.

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 undermine the fairness of the patent examination process.

CASE BRIEF : Phonographic Performance Ltd. vs. Union of India & Ors.

This case brief discusses the Delhi High Court’s analysis of the procedural aspects involved in the re-registration of copyright societies. The judgment underscores the significance of natural justice and fair hearing in decisions affecting intellectual property rights.

Post-Grant Patent Opposition, Evidence and Hearings: Role of Patent Office, Opposition Board, and Parties

This post provides an analytical overview of the procedures and legal standards for post-grant patent opposition in India. It examines the Delhi High Court’s guidance on evidence, hearings, and the respective roles of the Patent Office and Opposition Board, underscoring the need for transparency and timely adjudication.

High Court remands Patent Office’s Legally Infirm and Unreasoned Order

The Delhi High Court remanded a Patent Office order in a patent grant case for being legally infirm and unreasoned. The judgment underscores the importance of detailed reasoning and adherence to the principles of natural justice in patent proceedings.

Denial 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.