The Madras High Court upheld the Patent Office’s refusal of IIT Madras’s patent application for a method of doping potassium into ammonium perchlorate. The judgment clarifies the application of Section 3d and inventive step requirements in Indian patent law.
Read more about A doped order on method of doping, court clarifiesTag: Patent Law india
Monthly Roundup: Key IP Cases reported in March 2023
This roundup discusses notable Indian IP cases from March 2023, covering trademark, patent, copyright, consumer, and accessibility law. The post provides objective analysis and key judicial findings on recent legal decisions relevant to IP stakeholders.
Read more about Monthly Roundup: Key IP Cases reported in March 2023Missed filing a request for examination? court says, condonable under exceptional circumstances.
The Madras High Court held that delays in filing a request for examination can be condoned under exceptional circumstances, particularly when caused by agent errors. This case highlights both the strict nature of Indian patent timelines and the judiciary’s role in allowing limited flexibility.
Read more about Missed filing a request for examination? court says, condonable under exceptional circumstances.Justice Pratibha Singh clarifies the jurisdiction of High Courts over Patent Revocations and Appeals
Justice Pratibha Singh has clarified the jurisdiction of High Courts regarding patent appeals, revocations, and writ petitions. Her judgment in Dr. Reddys Laboratories Limited vs. The Controller of Patents & Ors. provides structured guidance on the appropriate forums for each type of patent proceeding under Indian law.
Read more about Justice Pratibha Singh clarifies the jurisdiction of High Courts over Patent Revocations and AppealsHow to Choose a Patent Attorney: Important Considerations When Choosing
Choosing a patent attorney requires careful evaluation of their specialization, experience, and firm credentials. This article guides inventors on essential factors to consider for effective patent protection in India.
Read more about How to Choose a Patent Attorney: Important Considerations When ChoosingRole of ‘Intent’ in Reviving lost Patents and Patent Applications in India
This post examines how intent now plays a decisive role in reviving lost patents and patent applications in India, following recent Delhi High Court guidance. It outlines when missed deadlines may be remedied and the evidentiary standards required from applicants seeking restoration.
Read more about Role of ‘Intent’ in Reviving lost Patents and Patent Applications in IndiaYou Shouldn’t have filed a Post-Grant Opposition, says Bombay High Court
The Bombay High Court in Safex Chemical India Ltd vs The Controller Of Patents clarified procedures for patent oppositions. The Court dismissed Safex’s writ, emphasising adherence to the statutory process under Indian patent law.
Read more about You Shouldn’t have filed a Post-Grant Opposition, says Bombay High CourtProvisional Patent Application Vs. Complete Patent Application
This article examines provisional and complete patent applications, outlining their differences, advantages, and the implications for inventors in India. It offers a clear comparison to help inventors decide which application suits their needs, stressing the importance of complete disclosure for legal protection.
Read more about Provisional Patent Application Vs. Complete Patent ApplicationWithout Proper Inventive Step Analysis, Patent Office’s Order is Unreasoned – Says Delhi High Court
The Delhi High Court set aside a Patent Office order rejecting Gogoro Inc’s application for lack of inventive step, citing inadequate reasoning. The case was remanded for proper analysis under Section 2(1)(ja) of the Patents Act.
Read more about Without Proper Inventive Step Analysis, Patent Office’s Order is Unreasoned – Says Delhi High CourtDivisional Applications cannot exceed scope of Parent Application: Delhi High Court
The Delhi High Court has clarified that divisional applications under the Patents Act must not exceed the scope of the parent application and require plurality of inventions in the original claims. This decision reinforces the primacy of claims in determining the scope of patent protection.
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