Prove it or lose it: Bombay High Court on “Common General Knowledge”
In Deepak Nitrite Limited v. The Assistant Controller General of Patents and Designs, the Bombay High Court set aside a Section 15 refusal that rested on an unsourced…
Natural Justice
23 articles
Smoking is injurious to health, but patent office cannot decide that!
Philip Morris Products S.A. challenged eight patent refusals at the Delhi High Court, each rejected by the Controller under Section 3(b) of the Patents Act on the ground…
Fresh Hearing, Not Fresh Hunting: Patent Remand After Breach of Natural Justice
In the case of Qualyst Transporter Solutions LLC v. The Assistant Controller of Patents and Designs, the Court dealt with a familiar patent prosecution problem. When a refusal…
Promised and Forgotten: How a Pre-Grant Opposition swallowed a hearing
The Bombay High Court, in AIC246 AG & Co. KG v. The Patent Office of India, has set aside a patent rejection that bypassed the mandatory Section 14…
Prescription Without Diagnosis: Court Remands Patent Refusal for Medical Research Engine
The Bombay High Court, in Navya Network Inc. v. Assistant Controller of Patents and Designs, set aside a patent refusal for a "Medical Research Retrieval Engine," ruling that…
No Reasons, No Refusal – and No Absolute Bar Anymore: Bombay HC on Atomic Energy & Nuclear Patent Rejections
Must the government explain why it refuses a patent on atomic energy grounds? In Huntington Alloys Corporation v. Union of India, the Bombay High Court held that even…
Patent Opposition Board Report: Can you challenge it before the final order?
When is a patent opposition board recommendation ripe for a writ petition, and when is it simply too soon? The Madras High Court tackled this question in a…
Fair Hearing First: Delhi HC Sets Aside Patent Refusal Over New Grounds in Order
The Delhi High Court has set aside the Controller of Patents' refusal of a Wirtgen GMBH patent application, finding that new objections introduced for the first time in…
A tipsy decision by the Trademark office? Court clarifies on geographical association of TAJPURIYA
In the case of M/S Ads Agro Industries Pvt Ltd vs The Registrar of Trade Marks, a liquor company applied to register the mark TAJPURIYA for alcoholic beverages.…
Examination and Pre-Grant Opposition Are Independent Proceedings; Composite Disposal Unsustainable
The Calcutta High Court has ruled that the Controller cannot collapse examination and pre-grant opposition into a single composite order to sidestep a Section 14 hearing. The decision…