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Indian IP Office Announces Stakeholder Meetings on Draft CRI Guidelines

Illustration of five individuals around a table using laptops, and discussing

The Indian IP Office has scheduled in-person stakeholder meetings in Mumbai and Delhi to gather feedback on the Draft Guidelines for Computer Related Inventions (CRI). The initiative will allow stakeholders to share their inputs before the finalisation of the CRI policy framework.

What Have You Been Smoking? Personal bias has no place in Tobacco patent evaluation

A cigarette crossed out with a red prohibition sign, flanked by comic-style text bubbles reading "WHAT?" on the left and "WHY!" on the right, against a blue background

The Calcutta High Court has criticised the arbitrary rejection of a tobacco syrup patent by the Indian patent office, urging objective analysis over personal bias. It held that Section 3(b) must not be misused to deny legitimate inventions without proper legal scrutiny and evidence.

Patent Rejection for Vehicle Monitoring System reversed by Court

Illustration of a delivery rider on a red scooter emerging from a mobile phone screen with a GPS map, spotlighting the text 'TVS Patent finds its way in Court!' alongside a gavel icon, symbolizing legal proceedings.

The Madras High Court allowed the appeal filed by TVS Motor Company against the rejection of its patent application pertaining to a Vehicle Monitoring System. The Court observed that the Controller had not adequately examined the validity of the cited prior art and had failed to provide a reasoned analysis with respect to the inventive step. Consequently, the matter was remanded to a different Controller for fresh consideration.

Risdiplam – Spinal Muscular Atrophy Case: Delhi HC Favors Public Health Over Roche Patent

Delhi High Court Denies Injunction on SMA Drug Patent, Prioritises Public Interest Over Patent Rights

The Delhi High Court, in a significant ruling dated March 24th, 2024, rejected the interim injunction application of F Hoffmann-La Roche AG (“Roche”) against Natco...

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

The Delhi High Court restored Bry-Air’s patent application after finding the delay was due to the former patent agent’s negligence, not the petitioner’s actions. The court emphasized that applicants should not suffer due to agents’ faults and allowed Bry-Air to proceed with Form 18 submission for patent examination.

Unreasoned Post Grant Opposition Decision Set Aside by the Calcutta High Court

In the case of Terex India vs. CDE Asia, the Calcutta High Court remanded the patent dispute for fresh consideration, citing procedural flaws and inadequate reasoning in the original decision. The Court emphasized the need for impartiality and ordered that the case be reviewed by a different officer to ensure a fair outcome.

A doped order on method of doping, court clarifies

The Madras High Court confirmed the Patent Office’s rejection of IIT Madras’s patent for a method of doping potassium into ammonium perchlorate. The Court agreed with the rejection based on Sections 3(d) and 2(1)(ja) of the Patents Act, but noted procedural shortcomings in the handling of the case.

Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

In a recent ruling, the Calcutta High Court dismissed WBCIL’s appeal seeking an interim injunction against GTZ, providing clarity on product-by-process claims under the Indian Patents Act, 1970. The judgment highlights the crucial role of expert testimony in establishing patent infringement.

Entertainment Licensing and Patents – A Presentation by Dr. Kalyan C. Kankanala at SIS

The following presentation titled ‘Entertainment Licensing and Patents’ was delivered by Dr. Kalyan C. Kankanala at the 32nd National Convention on Patinformatics (Patent Informatics) for Technological...

Patent Law in India- PPT on Patentability Requirements by Dr. Kalyan C. Kankanala at NLSIU

This presentation was delivered by Dr. Kalyan C. Kankanala at NLSIU, Bangalore, India, as a part of the Patent law course offered for PGDIP students....