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.
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Can a delay in filing a PCT National Phase application in India be condoned? An interesting case on Rule 138 of The Patent Rules, 2003 (Amendment 2016)
This post discusses a Delhi High Court decision on whether the delay in filing a PCT national phase patent application in India can be condoned under Rule 138. The analysis centres on the judicial interpretation of the Controller’s powers and the consequences of non-compliance by subordinate authorities.
Read more about Can a delay in filing a PCT National Phase application in India be condoned? An interesting case on Rule 138 of The Patent Rules, 2003 (Amendment 2016)Working of the Patent Process: A Presentation
This post objectively examines the patent process in India, covering filing, examination, and grant procedures with an emphasis on compliance and deadlines. It serves as a concise guide to the lifecycle of patents under Indian law.
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