The Calcutta High Court has reiterated that failure to consider post-filing data in patent applications breaches natural justice. In the Takeda case, it found the refusal of a patent for Brigatinib unjustified due to the Controller’s oversight of vital evidence and remanded the matter for reevaluation.
Read more about Failure to consider Post-filing data violates natural Justice, reiterates Calcutta High CourtTag: Patent Law
Revocation is Distinct from Invalidity Defence and Survives Patent Expiry, rules Delhi High Court
The Delhi High Court held that a revocation petition under Section 64 of the Patents Act is distinct from an invalidity defence under Section 107 and remains valid post-patent expiry. The Court emphasized the broader legal impact of revocation, affirming its maintainability even when the patent has lapsed.
Read more about Revocation is Distinct from Invalidity Defence and Survives Patent Expiry, rules Delhi High CourtCourt Affirms Controller’s Refusal: Invention deemed obvious to a person skilled in the art
The Madras High Court dismissed Navya Network Inc.’s appeal against the Patent Controller’s refusal, ruling that the claimed invention was obvious to a person skilled in the art. The judgment clarifies the approach to inventive step and non-patentability under Indian patent law, reinforcing standards for algorithm and method claims.
Read more about Court Affirms Controller’s Refusal: Invention deemed obvious to a person skilled in the artFailure to Disclose Prior Art in Hearing Notice Violates Procedural Fairness, Rules Calcutta High Court
Introduction The Calcutta High Court recently overturned the Controller’s decision to reject a patent application in the case of UCB Pharma GmbH & Anr. v....
Read more about Failure to Disclose Prior Art in Hearing Notice Violates Procedural Fairness, Rules Calcutta High CourtWhen 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...
Read more about When Delay Becomes Denial: Calcutta High Court Overturns Patent RejectionPatentability 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.
Read more about Patentability vs. Procedure: Finding the Right Balance during patent examinationsPatent 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.
Read more about Patent Abandonment Overturned: Delhi HC Rules on FER MiscommunicationClaim 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.
Read more about Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiteratesBlackberry 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.
Read more about Blackberry blacks out in case relating to patentability of algorithmic processesComputer 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...
Read more about Computer Programs with Technical Effect such as enhancing speed and efficiency are patentable, reiterates the Delhi High Court