Patent Law | Intellepedia

Delhi High Court Allows Claim Amendment During Appeal in Albemarle Patent Case

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.

Coca-Cola Patent Appeal: Delhi HC Emphasizes Need for Reasoned Inventive Step Analysis

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Delhi HC overturned Coca-Cola’s patent refusal, stressing the need for detailed inventive step analysis in patent decisions.

Shindengen’s Patent Application remanded for fresh consideration for lack of reasoned order

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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.

Patent Upheld, Design Dismissed: Dura-Line vs. Jain Irrigation – Part 1: Infringement & Relief

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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.

Section 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.

Failure to consider Post-filing data violates natural Justice, reiterates Calcutta High Court

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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.

Revocation is Distinct from Invalidity Defence and Survives Patent Expiry, rules Delhi High Court

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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.

Court Affirms Controller’s Refusal: Invention deemed obvious to a person skilled in the art

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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.

Failure to Disclose Prior Art in Hearing Notice Violates Procedural Fairness, Rules Calcutta High Court

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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....

When 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...