Patent Law india | Intellepedia

Patent Rights Protected Despite NBA Approval Delay: Fresh Examination Directed

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Patent rights protected despite NBA approval delay, with fresh examination directed.

Voicemonk Patent Prevails Over Flipkart: Innovation vs Opposition

Voicemonk Patent prevails over Flipkart in a key patent dispute, clarifying novelty, inventive step, and Section 3(k) under Indian patent law

Amendment of claims at Appellate Stage under section 59 of the Patents Act

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In the case of Daikin Industries Ltd. v. Assistant Controller of Patents and Designs, the Indian Patent Office refused Daikin’s patent application relating to a shell and plate heat exchanger on the ground of lack of novelty over a prior art document. During the appeal before the High Court, Daikin sought permission to amend claim 1 by incorporating additional limitations already disclosed in the specification. The court examined whether such an amendment could be permitted at the appellate stage under Section 59 of the Patents Act.

Court Remands Patent Rejection Over IV Catheter, Cites Flawed Obviousness Test

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Delhi HC sets aside patent rejection for IV catheter, citing flawed inventive step analysis under Agriboard test and lack of reasoned decision.

Cannot raise new ground while refusing patent, rules Delhi High Court

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Delhi HC set aside a patent refusal against Proprietect L P, citing violation of natural justice, failure to consider amended claims, and lack of reasoning.

Delhi High Court Patent Injunction: Aquestia Wins Against Automat Industries

A 3D-rendered digital image depicting a legal and engineering theme. The foreground shows a judge's gavel resting on legal documents with metal fittings and coins scattered nearby. In the background, mechanical valve systems are integrated with justice scales, symbolizing a legal dispute over industrial components, likely fluid control valves. The scene combines elements of law and technology, representing a patent conflict or court ruling in an engineering context.

Delhi High Court grants patent injunction to Aquestia, stopping Automat from selling Hydromat valves over suspected patent infringement.

Patented But Still Infringing: Delhi HC Stops Hydromat Valve Sales

Close-up view of industrial metal control valves and piping system, showing aged and weathered valve wheels used for regulating fluid flow.

In the case of Aquestia Limited vs Automat Industries Private Limited & Ors., the Delhi High Court granted an interim injunction restraining the defendants from manufacturing and selling their ‘Hydromat’ valves. The court held that even a patented product can infringe an earlier patent, and found that the defendants’ valves incorporated the core features of the plaintiff’s fluid control valve patent claims.

Patented Biologics and Section 104A: No Process Disclosure Without Proving Product Identity

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Roche sued Zydus for infringing its process patent on Pertuzumab. The Delhi High Court held that Roche had not shown Zydus’s biosimilar was identical to its product. Without identity, Section 104A did not apply, and the Court refused to compel Zydus to disclose its manufacturing process.

Indian Patent Office Issues Draft CRI Guidelines 2025 – Version 2.0: Key Additions and Changes

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Version 2.0 of the Draft CRI Guidelines 2025 introduces updated examination procedures for AI, blockchain, and quantum-based inventions, and includes an extensive annexure of examples clarifying Section 3(k) exclusions.

ITC’s Nicotine Device Patent Rejection on Public Health Grounds Set Aside

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The Calcutta High Court has set aside the refusal of ITC’s patent application for a nicotine aerosol device. The Court found that the Controller’s reliance on morality grounds under Section 3(b) was improper and unsupported by cited documents, ensuring a fresh review of the patent.