Patent Application | Intellepedia

Court restores patent application despite missed deadline to file request for examination

The Delhi High Court restored a patent application that was deemed withdrawn after a missed Form 18 deadline caused by agent negligence. The Court held that applicants should not be penalised for their representative’s errors, affirming the applicant’s diligent intent.

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.

‘Controller under an obligation to inform inventor’ says Madras High Court

The Madras High Court stressed that patent Controllers are obliged to provide detailed reasoning for refusals, enabling inventors to understand the grounds for rejection. The Court set aside two refusal orders and ordered fresh consideration, reinforcing the importance of transparency and due process in Indian patent law.

Transparency Triumphs : Patent Refusals must elucidate clear grounds

The Delhi High Court has reiterated the need for transparency in patent refusal orders, stating that clear grounds must be provided. The judgment highlights the importance of detailed reasoning and independent assessment of each claim in patent applications.

Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

The Madras High Court has overturned the Controller of Patents’ refusal of a soluble foaming composition patent, highlighting procedural lapses in considering applicant submissions. The matter will now be reconsidered by another patent officer within four months.

Refusal of a patent application based on prior art not cited in hearing notice set aside by the Delhi High Court

The Delhi High Court set aside a patent refusal where the Controller relied on prior art not cited in the hearing notice. The decision underscores the importance of fair opportunity and proper analysis in patent proceedings in India.

What are the Benefits of working with a Patent Attorney?

Engaging a patent attorney offers Indian inventors and companies expert guidance throughout the patent process. Patent attorneys provide technical and legal expertise, ensuring proper drafting, filing, and protection of inventions. Their services help maximise the value and enforceability of patents.

How to Choose a Patent Attorney: Important Considerations When Choosing

Choosing a patent attorney requires careful evaluation of their specialization, experience, and firm credentials. This article guides inventors on essential factors to consider for effective patent protection in India.

CASE BRIEF : European Commission vs. Union of India

This case brief discusses the Delhi High Court’s decision in European Commission vs Union of India regarding the restoration of patent applications deemed abandoned due to procedural lapses. The judgment underscores the importance of judicial discretion in exceptional circumstances under Indian patent law.

Launching Strategic Inventor – A Free DIY Platform/System to Draft and File Patents

Strategic Inventor is a free DIY platform launched by BananaIP Counsels to help inventors draft and file patents independently. The system offers structured guidance and optional expert review, making patent application accessible to a broad range of users.