Patent Law india | Intellepedia

Reversal of unreasoned and invalid Patent refusals based on Section 3(d), Novelty, and Inventive Step

This post reviews three High Court decisions reversing unreasoned patent refusals in India, focusing on Section 3(d), novelty, and inventive step. The courts stressed the need for considering applicant submissions and proper reasoning in refusal orders.

PepsiCo’s Potato Plant Variety and Patent Agent Address Change through Form 30

The Delhi High Court set aside the revocation of PepsiCo’s potato plant variety, ruling that only substantive validity grounds justify such action. The Court also clarified that patent agents should use Form 30 to update their address and email under Indian patent law.

Draft Patents (2nd Amendment) Rules, 2024

The Draft Indian Patent Rules 2024 outlines new adjudication procedures and clarifies key roles in patent-related disputes. The amendments seek to enhance transparency and efficiency in India’s patent process.

Patent Examination and Pre-Grant Opposition are independent processes

The Delhi High Court has confirmed that patent examination and pre-grant opposition are independent processes under Indian law. Pre-grant opponents are entitled to participate only on specific grounds of opposition, not throughout the examination. This distinction ensures a balanced, efficient, and legally compliant patent process.

Madras High Court’s Progressive Stance on Patent Claim Amendments and Other Aspects

The Madras High Court has delivered important rulings on patent claim amendments, exclusions, and rejection protocols under Indian law. These decisions clarify key patentability standards and reinforce the necessity for precise drafting and strategic approach by patent professionals.

Manual of Patent Office Practice and Procedure: BananaIP’s Comments / Suggestions

BananaIP Counsels reviews the Manual of Patent Office Practice and Procedure, offering targeted suggestions on AI inventorship, accessibility, and procedural clarity. The submission aims to enhance transparency and efficiency in the Indian patent system.

Indian IP Office Public Notice: Submit Feedback on Guidelines by Oct 15, 2023

The Indian IP Office seeks public input on proposed revisions to its intellectual property guidelines. Stakeholders can submit suggestions by October 15, 2023, to help ensure alignment with current legal and technological standards.

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.

Missed 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.

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.