Openings for Patent Associates in Mechanical and Electronics at BananaIP, Bangalore—drafting, prosecution, and tech analysis for serious innovators. Apply via hr@bananaip.com.
Read more about Patent Associate Openings at BananaIP – Mechanical & ElectronicsTag: Patent Law
From Refusal to Reconsideration: A Second Chance for Zhejiang’s Hair Dye Patent
Madras High Court gives Zhejiang’s hair dye patent a new lease on life, quashing an unreasoned refusal and directing a fresh, reasoned hearing.
Read more about From Refusal to Reconsideration: A Second Chance for Zhejiang’s Hair Dye PatentNo Injunction After Patent Expiry, Holds Delhi High Court
In the case of Kabushiki Kaisha Toyota Jidoshokki v. LMW Limited, the Delhi High Court refused to grant an interim injunction after the expiry of the patent in suit. The Court held that patent rights lapse with expiry and cannot be enforced thereafter.
Read more about No Injunction After Patent Expiry, Holds Delhi High CourtDelhi High Court Allows Claim Amendment During Appeal in Albemarle Patent Case
The Delhi High Court allowed Albemarle Corporation to amend claims at the appellate stage, and remanded the matter back to the Patent Office for re-examination.
Read more about Delhi High Court Allows Claim Amendment During Appeal in Albemarle Patent CaseCoca-Cola Patent Appeal: Delhi HC Emphasizes Need for Reasoned Inventive Step Analysis
Delhi HC overturned Coca-Cola’s patent refusal, stressing the need for detailed inventive step analysis in patent decisions.
Read more about Coca-Cola Patent Appeal: Delhi HC Emphasizes Need for Reasoned Inventive Step AnalysisShindengen’s Patent Application remanded for fresh consideration for lack of reasoned order
The Calcutta High Court remanded Shindengen Electric’s 2015 patent application after finding that the rejection order lacked proper reasoning. The decision emphasised the need for administrative transparency and importance of importance of judicial reasoning.
Read more about Shindengen’s Patent Application remanded for fresh consideration for lack of reasoned orderPatent Upheld, Design Dismissed: Dura-Line vs. Jain Irrigation – Part 1: Infringement & Relief
This post analyzes the Delhi High Court’s decision in Dura-Line vs. Jain Irrigation, where the Court found patent infringement but rejected the design infringement claim.
Read more about Patent Upheld, Design Dismissed: Dura-Line vs. Jain Irrigation – Part 1: Infringement & ReliefSection 3(i) Rejections Reversed: Diagnostic Methods Must Disclose Pathology Per Se
In two recent decisions, the Madras High Court reversed patent application rejections under Section 3(i), clarifying that only diagnostic methods disclosing pathology per se fall within the exclusion. The Court remanded matters for fresh review, ensuring fair consideration and reasoned decisions by the IPO.
Read more about Section 3(i) Rejections Reversed: Diagnostic Methods Must Disclose Pathology Per SeFailure to consider Post-filing data violates natural Justice, reiterates Calcutta High Court
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 CourtRevocation 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 Court