The Delhi High Court ruled in favor of Arcturus Therapeutics, overturning the Controller’s rejection of its patent application on procedural grounds. The Court emphasized that procedural compliance should not override substantive examination, directing the Patent Office to reassess the application on its merits.
Read more about Patentability vs. Procedure: Finding the Right Balance during patent examinationsTag: Patentability
Frivolous inventions and abstract theories – Delhi High Court refuses patent appeal
The Delhi High Court dismissed an appeal against the rejection of a patent application due to lack of novelty and a significant procedural delay of 701 days. The appellants, who had filed a patent application for black-colored wearables with claimed effects on human energy, failed to provide scientific evidence or technical merit. The court upheld the Indian Patent Office’s decision, emphasizing that abstract ideas are not patentable and reaffirming the importance of adhering to statutory deadlines for appeals.
Read more about Frivolous inventions and abstract theories – Delhi High Court refuses patent appealLatest Patent Cases in 2021 – Part 2
Merck Sharp And Dohme Corp & ANR vs YMS Laboratories Private Limited In this case, the plaintiff, owner of patents pertaining to Sitagliptin and its...
Read more about Latest Patent Cases in 2021 – Part 2Register for Session 2 of the Free Masterclass on Intellectual Property by BananaIP, Ktech Center of Excellence for Data Science and NASSCOM
Session 1 of the Master Class on Intellectual Property for StartUps organized by BananaIP, Ktech Centre of Excellence for Data Science, NASSCOM, India AI, StartUp...
Read more about Register for Session 2 of the Free Masterclass on Intellectual Property by BananaIP, Ktech Center of Excellence for Data Science and NASSCOMPatent office publishes first official journal of the year
This week’s Patent & Design data has been compiled from the Official Journal of the Patents and Designs Office published by the patent office on...
Read more about Patent office publishes first official journal of the yearPatentability of Laws of Nature
This post was first published on 2nd September, 2014. Today we will discuss a case where a patent was rejected based on the patent ineligible subject...
Read more about Patentability of Laws of NaturePatentability of Higher Life Forms
This post was first published on 5th September, 2014. Today we will be discussing a case where the patent grant was rejected by the Canadian...
Read more about Patentability of Higher Life FormsAre Rajinikanth’s Methods Patentable?
This post analyses whether Rajinikanth’s unique methods could be patented under Indian law. It discusses process patentability, statutory exclusions, and the mental steps doctrine in an objective, legal-academic manner.
Read more about Are Rajinikanth’s Methods Patentable?Prior 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 PatentsNon-obviousness of Biotech Inventions in USA
This post provides an analytical review of non-obviousness standards for biotechnology inventions in the USA, referencing key Federal Circuit decisions. It discusses the evolving judicial approach and inconsistencies in applying patentability requirements to biotech innovations.
Read more about Non-obviousness of Biotech Inventions in USA