Patent Refusal | Intellepedia

Patent on Portable Vehicle Management System goes offtrack

The Delhi High Court upheld the refusal of a patent application for a portable vehicle management system, citing lack of inventive step over prior art. This case highlights the application of key Indian patent law principles on non-obviousness and inventive step, particularly regarding mosaicing and hindsight bias.

‘Controller under an obligation to inform inventor’ says Madras High Court

The Madras High Court stressed that patent Controllers are obliged to provide detailed reasoning for refusals, enabling inventors to understand the grounds for rejection. The Court set aside two refusal orders and ordered fresh consideration, reinforcing the importance of transparency and due process in Indian patent law.

Inventive Step Assessment: To be Anchored in Knowledge of a Person with Ordinary Skill on the Priority Date

The Delhi High Court’s decision highlights the requirement for an objective inventive step assessment anchored in the knowledge of a person skilled in the art at the priority date. The ruling emphasises the need for detailed analysis and avoidance of hindsight in patent examinations.

New claims, Old claims, and Claim Amendments: Section 59 of the Patents Act

This post examines a Madras High Court ruling on Section 59 of the Patents Act regarding patent claim amendments. The Court clarified procedural requirements and applicant rights during the patent examination process in India.

Victory for Novozymes: Madras High Court Overrules Patent Office’s Refusal

The Madras High Court has reversed the Patent Office’s rejection of Novozymes’ patent for enzyme granules in animal feed, emphasizing the need for detailed reasoning in refusal orders. The decision clarifies the application of inventive step and Section 3d in Indian patent law.

Transparency Triumphs : Patent Refusals must elucidate clear grounds

The Delhi High Court has reiterated the need for transparency in patent refusal orders, stating that clear grounds must be provided. The judgment highlights the importance of detailed reasoning and independent assessment of each claim in patent applications.

Google’s Patent appeal dismissed, fine of 1 Lakh imposed

The Delhi High Court dismissed Google’s appeal against the rejection of its patent application, finding no inventive step over prior art. A fine of Rs.1 lakh was also imposed on Google for incorrect disclosure regarding its European patent application.

Delhi High Court reverses Patent refusal, Highlights significance of procedural adherence in handling claims of PCT National phase applications.

The Delhi High Court overturned a patent refusal for a PCT national phase application, stressing the importance of procedural adherence in claim examination. The Court directed a fresh evaluation, emphasizing accurate application of legal provisions and detailed analysis of objections.

Patent refusal order set aside, matter remanded back for DeNovo consideration

The Delhi High Court set aside a patent refusal order under section 15 of the Patents Act, directing a de novo reconsideration. The case underscores the need for reasoned decisions in Indian patent law proceedings.

Patent refusals: The need for clarity and details beyond mere objections.

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.