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Prescription Without Diagnosis: Court Remands Patent Refusal for Medical Research Engine

Patent refusal document stamped “Refused” with a magnifying glass on a wooden desk, representing legal review of a rejected patent application.

The Bombay High Court, in Navya Network Inc. v. Assistant Controller of Patents and Designs, set aside a patent refusal for a “Medical Research Retrieval Engine,” ruling that the Patent Office failed to apply the five-step inventive step test and introduced new Section 3(k) grounds in the refusal order that were never put to the applicant at the hearing stage.

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 not override substantive examination, directing the Patent Office to reassess the application on its merits.

Delhi High Court Orders Restoration of Patent Lapsed Due to Communication Error of the Patent Office

The Delhi High Court ordered restoration of a lapsed patent after finding that the Patent Office’s communication error led to non-payment of renewal fees. The judgment highlights the responsibility of authorities to ensure proper notification in patent matters.

Court criticizes Patent Office for using outdated CRI Guidelines

The Madras High Court condemned the Patent Office’s reliance on outdated CRI guidelines in Microsoft’s patent application case, highlighting the significance of technical effect in computer related inventions. The court allowed the appeal and directed a new evaluation.

Patent (Amendment) Rules 2024 come into effect, significant changes introduced.

The Patent (Amendment) Rules 2024 bring notable procedural changes to the Indian patent system, including shorter timelines, new forms, and updated requirements. These amendments aim to simplify processes and enhance compliance for patent applicants and patentees.

Weekly Patent and Industrial Design Statistics – 14th April 2023 to 21st April 2023

This weekly report presents Indian patent and industrial design statistics for 14th to 21st April 2023, including publications, grants, and design registrations. It provides analytical insights into trends and city-wise data, compiled by BananaIP Counsels.

Missed filing a request for examination? court says, condonable under exceptional circumstances.

The Madras High Court held that delays in filing a request for examination can be condoned under exceptional circumstances, particularly when caused by agent errors. This case highlights both the strict nature of Indian patent timelines and the judiciary’s role in allowing limited flexibility.

Without Proper Inventive Step Analysis, Patent Office’s Order is Unreasoned – Says Delhi High Court

The Delhi High Court set aside a Patent Office order rejecting Gogoro Inc’s application for lack of inventive step, citing inadequate reasoning. The case was remanded for proper analysis under Section 2(1)(ja) of the Patents Act.

High Court remands Patent Office’s Legally Infirm and Unreasoned Order

The Delhi High Court remanded a Patent Office order in a patent grant case for being legally infirm and unreasoned. The judgment underscores the importance of detailed reasoning and adherence to the principles of natural justice in patent proceedings.

All hearings at Patent Office cancelled amid COVID19 outbreak, EUIPO extends deadlines and more

The Indian Patent Office has cancelled all hearings amid the COVID19 outbreak, with proceedings moving to video conferencing and design hearings adjourned. EUIPO and EPO have extended deadlines, and significant international patent disputes are underway.