All the Trappings! Bombay High Court Bars Second Patent Appeals
When the Bombay High Court dismissed a patent applicant's appeal after a Single Judge upheld the Controller's refusal, the applicant tried a second round before the Division Bench.…
Patents Act 1970
42 articles
Dung Deal: Delhi High Court Remands Cattle Manure Battery Patent
The Delhi High Court has set aside a post-grant revocation of a patent covering a cattle manure-derived hard carbon process for sodium-ion batteries, finding that the Deputy Controller…
Design Is Not a Shield: Delhi High Court on Patent Infringement in the Packaging Industry
In Mold-Tek Packaging Ltd v. Neway Industries Pvt. Ltd, the Delhi High Court examined two cross-appeals arising from a patent infringement dispute over tamper-evident packaging closures. The central…
No Reasons, No Refusal – and No Absolute Bar Anymore: Bombay HC on Atomic Energy & Nuclear Patent Rejections
Must the government explain why it refuses a patent on atomic energy grounds? In Huntington Alloys Corporation v. Union of India, the Bombay High Court held that even…
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…
Patent Opposition Board Report: Can you challenge it before the final order?
When is a patent opposition board recommendation ripe for a writ petition, and when is it simply too soon? The Madras High Court tackled this question in a…
Fair Hearing First: Delhi HC Sets Aside Patent Refusal Over New Grounds in Order
The Delhi High Court has set aside the Controller of Patents' refusal of a Wirtgen GMBH patent application, finding that new objections introduced for the first time in…
Examination and Pre-Grant Opposition Are Independent Proceedings; Composite Disposal Unsustainable
The Calcutta High Court has ruled that the Controller cannot collapse examination and pre-grant opposition into a single composite order to sidestep a Section 14 hearing. The decision…
Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case
The Madras High Court allowed France Telecom’s writ petition, setting aside the procedural rejection of its patent application examination request. The judgment clarifies the treatment of agent errors…
Delhi High Court Reverses Patent Office Decision: Honeywell’s Amendments Upheld
The Delhi High Court overturned the Patent Office's refusal of Honeywell's patent amendments, holding that the changes were within the scope of the original claims. This ruling affirms…