Section 3(j), Essentially biological processes and human intervention
The Madras High Court considered whether human intervention in a plant breeding method excluded it from section 3(j) of the Patents Act. The case was remanded to the…
Patent Refusal
34 articles
A doped order on method of doping, court clarifies
The Madras High Court upheld the Patent Office’s refusal of IIT Madras’s patent application for a method of doping potassium into ammonium perchlorate. The judgment clarifies the application…
Green Cross Crosses court’s bridge to win appeal
The Madras High Court set aside the patent refusal order against Green Cross, highlighting errors in the assessment of inventive step and technical disclosure. The case has been…
Court balances Hygieia’s patent application after IPO disbalances it under section 59
The Madras High Court set aside the refusal of Hygieia’s patent application, stressing the importance of considering amended claims with the original specification. The case provides key guidance…
“Focus on technology, not semantics” says court in case involving gene technology
The Madras High Court set aside a patent refusal for a gene technology application, criticising the Controller’s excessive focus on semantics over scientific content. The judgment directs the…
Court Cranks the Clock Back on Opposed Crankshaft Patent Refusal
The Madras High Court set aside the refusal of an opposed piston engine patent, citing insufficient analysis of inventive features. The case underscores the need for detailed examination…
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…
‘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…
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…
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…