Coca-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.
Patent Law
201 articles
Shindengen’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…
Patent 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.
Section 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.…
Failure 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…
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…
Court 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.…
Failure 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. The Controller of…
When 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 the rejection of…
Patentability 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…