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 examinationsTag: Patent Law
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.
Read more about Patent Abandonment Overturned: Delhi HC Rules on FER MiscommunicationMadras 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.
Read more about Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural JusticePatent Application Rejection Set Aside for Improper Citation of Withdrawn Prior Art
The Madras High Court overturned a patent rejection due to improper citation of withdrawn prior art, directing a fresh examination.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.
Read more about Patent Application Rejection Set Aside for Improper Citation of Withdrawn Prior ArtComputer Programs with Technical Effect such as enhancing speed and efficiency are patentable, reiterates the Delhi High Court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).
Read more about Computer Programs with Technical Effect such as enhancing speed and efficiency are patentable, reiterates the Delhi High CourtNote on the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge
The WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge seeks to enhance transparency and fairness in the patent system. It establishes disclosure requirements and safeguards for genetic resources and traditional knowledge within international intellectual property law.
Read more about Note on the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional KnowledgeThe 20-Year Patent Term from the Date of Filing is Constitutionally Valid
The Calcutta High Court has upheld the constitutional validity of the 20-year patent term from the date of filing under Section 53 of the Patents Act. The judgment clarifies the legislative scheme and confirms there is no inconsistency or arbitrariness in the provision.
Read more about The 20-Year Patent Term from the Date of Filing is Constitutionally ValidRejecting Patent Applications without Comprehensive Analysis Contradicts Section 2(1)(ja) of the Patents Act, says Delhi High Court
The Delhi High Court set aside a patent refusal, holding that applications must be assessed with thorough reasoning under Section 2(1)(ja) of the Patents Act. The judgment stresses the need for detailed analysis of inventive step and legal compliance in patent rejections.
Read more about Rejecting Patent Applications without Comprehensive Analysis Contradicts Section 2(1)(ja) of the Patents Act, says Delhi High CourtWhere 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.
Read more about Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench.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.
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