Smoking is injurious to health, but patent office cannot decide that!
Philip Morris Products S.A. challenged eight patent refusals at the Delhi High Court, each rejected by the Controller under Section 3(b) of the Patents Act on the ground…
Patent Refusal
37 articles
Absorbable Stent and the Hindsight Trap in Inventive Step Analysis
In the case of Biotyx Medical Shenzhen Co., Ltd. v. Assistant Controller of Patents and Designs, the Delhi High Court dealt with a familiar patent question: can an…
Prescription Without Diagnosis: Court Remands Patent Refusal for Medical Research Engine
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…
AI Inventorship and the DABUS Refusal in India: Patent Opponent’s Submissions in the Patent Office Order
In Patent Application No. 202017019068, Stephen L. Thaler named DABUS, an artificial intelligence system, as the inventor of a food container invention. Although the Indian Patent Office refused…
Steering the divide: Steer Engineering’s divisional application denied by Court
Madras High Court upheld the refusal of Steer Engineering’s divisional patent application, affirming lack of inventive step and overlap with the parent filing.
Mist in the Machine, Haze in the Reasoning: Court Reiterates Mandatory Five-Step Test for Inventive Step
In the case of Energeo Works India Private Limited v. Assistant Controller of Patents, the Patent Office refused a patent application relating to an air cooling system that…
Inventive Step Misjudged? Delhi HC Revives Trident’s Patent Application
Delhi HC revives Trident’s patent application, citing flaws in the inventive step analysis of its air-rich yarn invention.
Patent Refusal Cannot Be a Single Line: Calcutta High Court Calls for Reasoned Orders
In the case of Stromag GmbH vs. Controller General of Patents, the Calcutta High Court ruled that patent refusal orders must contain detailed reasoning. A single-line dismissal, the…
Ziegler-Natta Catalyst Patent Rejection Upheld for Lack of Inventive Step
The Delhi High Court upheld the refusal of Lummus Novolen’s patent for a Ziegler-Natta catalyst, citing lack of inventive step and similarity to prior art. Read the key…
Blackberry’s Patent Refusal Set Aside by Delhi High Court
The Delhi High Court has set aside the Indian Patent Office’s refusal of Blackberry’s communication patent application. Citing a lack of reasoning and violation of natural justice principles,…