Patent Law | Intellepedia

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.

Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice

The Madras High Court set aside a patent refusal under section 3d, citing lack of procedural fairness and insufficient reasoning. The Court directed reconsideration, underscoring the necessity of reasoned orders and respect for principles of natural justice in patent proceedings.

Patent Application Rejection Set Aside for Improper Citation of Withdrawn Prior Art

The Madras High Court overturned a patent rejection due to improper citation of withdrawn prior art, directing a fresh examination. The case highlights the necessity for strict compliance with procedural safeguards in Indian patent proceedings.

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

The Delhi High Court has confirmed that computer programs with demonstrable technical effect, such as improving speed or efficiency, may be patentable under Indian law. This decision aligns Indian patent jurisprudence with international standards and clarifies the scope of Section 3(k).

Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench.

The Delhi High Court is reconsidering the proper jurisdiction for filing trademark rectification petitions. The question has been referred to a larger Bench for a definitive decision, with significant implications for trademark law in India.

Indian Patent and Design Statistics 2024 (January 19th – 26th)

This report analyses Indian patent and design statistics for January 19th to 26th, 2024, with a focus on application trends, grants, and city-wise data. The findings provide a clear, objective view of current developments in Indian intellectual property.

The IP Profession: An Ideal Career Path for Persons with Disabilities in India

The IP profession in India presents a promising and accessible career for persons with disabilities. With inclusive guidelines and flexible work options, individuals from diverse backgrounds can excel in this field.

Weekly IP Insights: Essential Updates from BananaIP Counsels

Stay updated with the latest intellectual property news in this week’s IP Insights from BananaIP Counsels. This edition covers major patent, trademark, and dispute resolution updates, along with expert analysis by leading IP attorneys.

Deciphering Intellectual Property: A Deep Dive into Recent Indian High Court Judgements

This article analyses recent Indian High Court judgements impacting intellectual property law, with a focus on key trademark and patent disputes. The review offers structured insights into the legal reasoning and implications for IP practitioners and businesses in India.

Comments on Draft Patents (Amendment) Rules, 2023 – Submitted by BananaIP’s Patent Attorneys

BananaIP Counsels reviews and comments on the Draft Patents (Amendment) Rules, 2023, with detailed legal analysis and practical suggestions. The submission covers divisional applications, grace periods, opposition proceedings, and accessibility in Indian patent law.