Patent Law india | Intellepedia

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

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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

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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...

Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case

The Madras High Court allowed France Telecom’s writ petition, setting aside the procedural rejection of its patent application examination request. The judgment clarifies the treatment of agent errors under Indian patent law and upholds procedural fairness.

Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals

The Madras High Court affirmed the validity of Malladi Drugs’ patent for chiral beta-amino alcohols, highlighting the invention’s novelty and inventive step. The judgment clarifies key principles on patent revocation and the definition of a “person interested” under Indian patent law.

A doped order on method of doping, court clarifies

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.

‘Controller under an obligation to inform inventor’ says Madras High Court

The Madras High Court stressed that patent Controllers are obliged to provide detailed reasoning for refusals, enabling inventors to understand the grounds for rejection. The Court set aside two refusal orders and ordered fresh consideration, reinforcing the importance of transparency and due process in Indian patent law.

Delhi High Court Reverses Patent Office Decision: Honeywell’s Amendments Upheld

The Delhi High Court overturned the Patent Office’s refusal of Honeywell’s patent amendments, holding that the changes were within the scope of the original claims. This ruling affirms the importance of fair and thorough examination of patent applications under Indian law.

Inventive Step Assessment: To be Anchored in Knowledge of a Person with Ordinary Skill on the Priority Date

The Delhi High Court’s decision highlights the requirement for an objective inventive step assessment anchored in the knowledge of a person skilled in the art at the priority date. The ruling emphasises the need for detailed analysis and avoidance of hindsight in patent examinations.

Boehringer secures Patent Injunction for its Diabetes Drug – Empagliflozin

The Himachal Pradesh High Court has granted Boehringer Ingelheim an interim injunction against Eris Lifesciences, preventing the manufacture and sale of Empagliflozin during the suit. The case provides insights into the judicial approach towards pharmaceutical patent disputes in India.