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…
Patent Refusal
40 articles
PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.
The Madras High Court has overturned the refusal of Microsoft’s patent application, clarifying the correct approach to assessing inventive step and the PSITA standard under Indian law. The…
Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside
The Madras High Court has overturned the Controller of Patents' refusal of a soluble foaming composition patent, highlighting procedural lapses in considering applicant submissions. The matter will now…
Review and Reversal of Patent Refusal Orders by the Madras High Court
The Madras High Court has set aside several patent refusal orders, highlighting the need for proper reasoning and adherence to legal procedures. These judgments clarify essential aspects of…
Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court
The Madras High Court has set aside a patent refusal for an image construction apparatus, citing insufficient reasoning under Section 3(k) and inventive step. The Court remanded the…
Refusal of a patent application based on prior art not cited in hearing notice set aside by the Delhi High Court
The Delhi High Court set aside a patent refusal where the Controller relied on prior art not cited in the hearing notice. The decision underscores the importance of…
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.…
Method of producing ‘protein enriched blood serum’ is not a method of treatment under Section 3(i), says the Delhi High Court
The Delhi High Court ruled that a method of producing protein enriched blood serum is not a method of treatment under Section 3(i) of the Patents Act. The…
Reversal of unreasoned and invalid Patent refusals based on Section 3(d), Novelty, and Inventive Step
This post reviews three High Court decisions reversing unreasoned patent refusals in India, focusing on Section 3(d), novelty, and inventive step. The courts stressed the need for considering…
Pfizer Patent on Known Substance: A Section 3(d) Analysis
This post examines Pfizer’s patent application on a known substance and the Indian Patent Office’s refusal in light of Section 3d and the Novartis decision. It discusses whether…