Patent Appeal | Intellepedia

Frivolous inventions and abstract theories – Delhi High Court refuses patent appeal

The Delhi High Court dismissed an appeal against the rejection of a patent application due to lack of novelty and a significant procedural delay of 701 days. The appellants, who had filed a patent application for black-colored wearables with claimed effects on human energy, failed to provide scientific evidence or technical merit. The court upheld the Indian Patent Office’s decision, emphasizing that abstract ideas are not patentable and reaffirming the importance of adhering to statutory deadlines for appeals.

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

The Madras High Court has overturned the rejection of Kymab Limited’s patent application related to generating antibodies in non-human mammals. The Court found that the invention does not fall under Section 3(i) of the Patents Act, 1970, as it is not a method for treating animals but a process for producing antibodies using genetically modified animals. The patent is now set to be granted.

Green Cross Crosses court’s bridge to win appeal

The Madras High Court has revoked the refusal of Green Cross’ patent application for a Hepatitis B immunoglobulin agent, citing errors in the Controller’s analysis. The court has remanded the matter to the patent office for a fresh examination, ordering a review of the claims within four months.

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

The Madras High Court dismissed an appeal challenging the rejection of a patent for an eco-friendly lamp made from panchagavya and traditional herbal leaves. The court upheld the decision, citing traditional knowledge and lack of inventive step.

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

The Madras High Court ruled in favor of Toyota, overturning the patent office’s refusal to grant a patent for a gene increasing plant biomass and seed production. The court emphasized the importance of scientific aspects over language semantics and directed a review within six months.

Court Cranks the Clock Back on Opposed Crankshaft Patent Refusal

The Madras High Court remanded Pinnacle Engines Inc.’s patent application for their opposed piston engine, addressing inventive features overlooked by the Assistant Controller of Patents. The court emphasized the significance of the crank offset and opposite crankshaft rotation in reducing friction and vibration, directing a reassessment by a different officer.

Rejection of Application Based on Pre-Grant Representation May Be Appealed to IPAB

The Delhi High Court has clarified that appeals to the IPAB are permitted when a patent application is rejected based on pre-grant representation. This judgment offers clear recourse for patent applicants and settles the legal position on such appeals under Indian patent law.

USPTO Announces Post-Prosecution Pilot Program (P3)

The USPTO has launched the Post-Prosecution Pilot (P3) program to provide an alternative to appeals after a final rejection. This initiative enables applicants to present arguments directly to a panel of examiners, aiming to reduce appeals and improve prosecution efficiency.

Google’s Patent Appeal Rejected by the U.S. Supreme Court

The US Supreme Court has declined to hear Google’s patent appeal involving its Street View technology. This decision upholds a Federal Circuit ruling on patent infringement and sends the case back to lower courts for continued litigation.