Patent Law | Intellepedia

When Delay Becomes Denial: Calcutta High Court Overturns Patent Rejection

The recent judgement of the Calcutta High Court in BASF SE v. Joint Controller of Patents warrants attention for multiple reasons, particularly as it addresses...

Patentability vs. Procedure: Finding the Right Balance during patent examinations

The Delhi High Court ruled in favor of Arcturus Therapeutics, overturning the Controller’s rejection of its patent application on procedural grounds. The Court emphasized that procedural compliance should not override substantive examination, directing the Patent Office to reassess the application on its merits.

Patent Abandonment Overturned: Delhi HC Rules on FER Miscommunication

The Delhi High Court set aside the deemed abandonment of Waterotor’s Indian patent application, citing miscommunication regarding the First Examination Report (FER). The Court ruled that the lack of timely FER receipt justified reinstatement, directing the Patent Office to restore the application’s status to “pending” and allow a response within four weeks.

Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiterates

The Delhi High Court overturned the Deputy Controller’s decision rejecting Axcess Limited’s patent application. The Court ruled that the amended claims were within the scope of the original application and remanded the case for fresh consideration, providing guidance on permissible amendments under the Patents Act, 1970.

Blackberry blacks out in case relating to patentability of algorithmic processes

This article analyzes India’s legal stance on the patentability of algorithmic processes under Section 3(k) of the Patents Act, 1970. Focusing on the Delhi High Court’s judgment in Blackberry Limited vs. Assistant Controller of Patents and Designs, the post explores key arguments, legal precedents, and implications for software patents in India.

Computer Programs with Technical Effect such as enhancing speed and efficiency are patentable, reiterates the Delhi High Court

In an appeal decision, the Delhi High Court recently overturned the rejection of two patent applications filed by Ab Initio Technology LLC, concerning data processing...

Court balances Hygieia’s patent application after IPO disbalances it under section 59

The Madras High Court has set aside the refusal of Hygieia Inc.’s patent application, highlighting the need for proper consideration of amended claims. The court emphasized the importance of interpreting claims in conjunction with their specifications and has directed a re-examination of the application by a different controller within six months.

“Focus on technology, not semantics” says court in case involving gene technology

The Madras High Court ruled in favor of Toyota, overturning the patent office’s refusal to grant a patent for a gene increasing plant biomass and seed production. The court emphasized the importance of scientific aspects over language semantics and directed a review within six months.

Court Cranks the Clock Back on Opposed Crankshaft Patent Refusal

The Madras High Court remanded Pinnacle Engines Inc.’s patent application for their opposed piston engine, addressing inventive features overlooked by the Assistant Controller of Patents. The court emphasized the significance of the crank offset and opposite crankshaft rotation in reducing friction and vibration, directing a reassessment by a different officer.

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

This post examines two crucial orders from the Madras High Court regarding patent refusals, highlighting the necessity for Controllers to provide detailed and well-reasoned orders. The cases of Nihon Onkyo Engineering Co. Ltd. and Qualcomm Incorporated demonstrate the importance of clarity in refusal decisions to facilitate judicial review and ensure transparency.

Tag: Patent Law