The Delhi High Court has stressed the necessity for detailed reasoning in patent refusal decisions. In this case, the absence of specific analysis and clarity in rejecting a divisional application led to the order being set aside and remanded for reconsideration.
Read more about Patent refusals: The need for clarity and details beyond mere objections.Tag: Patent Prosecution
Inventive Step analysis requires a rigorous examination, not surface analysis, says the Delhi High Court.
The Delhi High Court criticised the Controller of Patents for a superficial inventive step analysis in a recent patent refusal, emphasising the need for rigorous and well-reasoned assessments. The Court has directed a fresh hearing, highlighting the standards required under Indian patent law.
Read more about Inventive Step analysis requires a rigorous examination, not surface analysis, says the Delhi High Court.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.
Read more about Could an advanced Chat GPT be ‘the person skilled in the art’ for patent prosecution?Delhi High Court Rules Governing Patent Suits, 2022
The Delhi High Court Rules Governing Patent Suits, 2022 provide a detailed procedural framework for handling patent litigation. These rules aim to streamline patent prosecution and clarify documentation requirements at every stage of a suit.
Read more about Delhi High Court Rules Governing Patent Suits, 2022IP waiver on Covid-19 vaccine, AI lacks ‘legal personality’ says USPTO to Court and more
This post analyses the IP waiver proposal for Covid-19 vaccines and the USPTO’s stance on AI inventorship, focusing on their legal implications. It also covers recent international patent settlements and policy updates with an objective, legal-academic perspective.
Read more about IP waiver on Covid-19 vaccine, AI lacks ‘legal personality’ says USPTO to Court and moreIndian Patent Grant in One Year? Join us for a Discussion on 23rd November
The Indian Patent Office has recently granted several patents in less than a year, thanks to rule changes and strategic prosecution. Join BananaIP’s expert team as they discuss practical strategies and considerations for securing quick patent grants in India.
Read more about Indian Patent Grant in One Year? Join us for a Discussion on 23rd NovemberShouldn’t a Request for Prioritized Examination be Given Priority?
This post critically evaluates the procedures for prioritized examination of patent applications in India and abroad, focusing on eligibility and authority issues. It highlights the lack of clear guidelines for determining important applications, raising concerns about arbitrary decisions and confusion in the process.
Read more about Shouldn’t a Request for Prioritized Examination be Given Priority?Cross-Border Patent Protection
Patent protection is territorial, so applicants must file in each country where rights are needed. This post outlines routes for cross-border patent protection, including direct filing, Paris Convention, and PCT processes, with a focus on legal requirements and cost considerations.
Read more about Cross-Border Patent ProtectionCommon Reasons for Delay in Grant of Patent
Delays in patent grant often result from both procedural backlog and applicant inaction. This post examines key causes and recommends measures to expedite the patent examination and grant process in India.
Read more about Common Reasons for Delay in Grant of PatentPrior Art Search and Drafting Patents
This article explores the importance of prior art search and drafting in the Indian patent process. It objectively evaluates both the benefits and drawbacks, highlighting the strategic role of prior art searches in patent filings.
Read more about Prior Art Search and Drafting Patents