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…
Natural Justice
20 articles
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…
Should a pre-grant notice be issued before patent grant to facilitate filing of divisional applications? Court clarifies
Delhi High Court clarifies that no pre-grant notice is required under Section 43 and divisional applications must be filed before patent grant.
Notarized document from a foreign Country must be accepted, says Calcutta High Court in Trademark case
Calcutta HC rules notarized foreign documents valid without apostille in Marriott trademark opposition, reinforcing fair procedure and natural justice.
Patent Refusal Cannot Be a Single Line: Calcutta High Court Calls for Reasoned Orders
In the case of Stromag GmbH vs. Controller General of Patents, the Calcutta High Court ruled that patent refusal orders must contain detailed reasoning. A single-line dismissal, the…