198 articles
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 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…
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…
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.…
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. The Controller of…
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 the rejection of…
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…
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…
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…
The Madras High Court overturned a patent rejection due to improper citation of withdrawn prior art, directing a fresh examination.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…