The Delhi High Court allowed Albemarle Corporation to amend claims at the appellate stage, and remanded the matter back to the Patent Office for re-examination.
Read more about Delhi High Court Allows Claim Amendment During Appeal in Albemarle Patent CaseTag: Patent Law
Coca-Cola Patent Appeal: Delhi HC Emphasizes Need for Reasoned Inventive Step Analysis
Delhi HC overturned Coca-Cola’s patent refusal, stressing the need for detailed inventive step analysis in patent decisions.
Read more about Coca-Cola Patent Appeal: Delhi HC Emphasizes Need for Reasoned Inventive Step AnalysisShindengen’s Patent Application remanded for fresh consideration for lack of reasoned order
The Calcutta High Court remanded Shindengen Electric’s 2015 patent application after finding that the rejection order lacked proper reasoning. The decision emphasised the need for administrative transparency and importance of importance of judicial reasoning.
Read more about Shindengen’s Patent Application remanded for fresh consideration for lack of reasoned orderPatent Upheld, Design Dismissed: Dura-Line vs. Jain Irrigation – Part 1: Infringement & Relief
This post analyzes the Delhi High Court’s decision in Dura-Line vs. Jain Irrigation, where the Court found patent infringement but rejected the design infringement claim.
Read more about Patent Upheld, Design Dismissed: Dura-Line vs. Jain Irrigation – Part 1: Infringement & ReliefSection 3(i) Rejections Reversed: Diagnostic Methods Must Disclose Pathology Per Se
In two recent decisions, the Madras High Court reversed patent application rejections under Section 3(i), clarifying that only diagnostic methods disclosing pathology per se fall within the exclusion. The Court remanded matters for fresh review, ensuring fair consideration and reasoned decisions by the IPO.
Read more about Section 3(i) Rejections Reversed: Diagnostic Methods Must Disclose Pathology Per SeFailure to consider Post-filing data violates natural Justice, reiterates Calcutta High Court
The Calcutta High Court has reiterated that failure to consider post-filing data in patent applications breaches natural justice. In the Takeda case, it found the refusal of a patent for Brigatinib unjustified due to the Controller’s oversight of vital evidence and remanded the matter for reevaluation.
Read more about Failure to consider Post-filing data violates natural Justice, reiterates Calcutta High CourtRevocation is Distinct from Invalidity Defence and Survives Patent Expiry, rules Delhi High Court
The Delhi High Court held that a revocation petition under Section 64 of the Patents Act is distinct from an invalidity defence under Section 107 and remains valid post-patent expiry. The Court emphasized the broader legal impact of revocation, affirming its maintainability even when the patent has lapsed.
Read more about Revocation is Distinct from Invalidity Defence and Survives Patent Expiry, rules Delhi High CourtCourt Affirms Controller’s Refusal: Invention deemed obvious to a person skilled in the art
The Madras High Court dismissed Navya Network Inc.’s appeal against the Patent Controller’s refusal, ruling that the claimed invention was obvious to a person skilled in the art. The judgment clarifies the approach to inventive step and non-patentability under Indian patent law, reinforcing standards for algorithm and method claims.
Read more about Court Affirms Controller’s Refusal: Invention deemed obvious to a person skilled in the artFailure to Disclose Prior Art in Hearing Notice Violates Procedural Fairness, Rules Calcutta High Court
Introduction The Calcutta High Court recently overturned the Controller’s decision to reject a patent application in the case of UCB Pharma GmbH & Anr. v....
Read more about Failure to Disclose Prior Art in Hearing Notice Violates Procedural Fairness, Rules Calcutta High CourtWhen Delay Becomes Denial: Calcutta High Court Overturns Patent Rejection
The recent judgement of the Calcutta High Court in BASF SE v. Joint Controller of Patents warrants attention for multiple reasons, particularly as it addresses...
Read more about When Delay Becomes Denial: Calcutta High Court Overturns Patent Rejection