Rejecting 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.

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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.

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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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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.

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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.

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Could an advanced Chat GPT be ‘the person skilled in the art’ for patent prosecution?

This article examines whether an advanced ChatGPT could fulfil the role of ‘person skilled in the art’ for patent prosecution in India. It analyses the legal definition and the potential for AI to support or transform patent examination.

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Examining the Origins of Section 3(d) in India’s Patents Act and Its Connection to EU SPCs

The article analyses Section 3(d) of India’s Patents Act and its controversial role in pharmaceutical patents post-Novartis. It examines its origins, connection to EU SPCs, and the focus on preventing evergreening by emphasising enhanced efficacy.

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