Post Grant Opposition | Intellepedia

No Territorial Jurisdiction, No Quia Timet Relief: Lessons from a Patent Case

A stylized laboratory scene showing a large blue capsule being constructed by steampunk-style mechanical arms, with sparks flying. A wooden sign next to the capsule reads "UNDER CONSTRUCTION," symbolizing a drug still in development. Various lab equipment is visible in the background.

In the case of Helsinn Healthcare SA vs AET Laboratories, the Delhi High Court declined to entertain a patent infringement action filed in anticipation of future infringement. The Court examined the territorial reach of Indian courts in web-based patent matters and reaffirmed the principles required to sustain quia timet actions.

Strategic Delay Costs Novartis Its Cross-Examination Rights

Banner with text “Tactical Delay Proves Costly for Novartis” beside a clock and wooden blocks spelling DELAY on an orange background

The Delhi High Court dismissed Novartis’s writ petitions, ruling it had waived cross-examination by opting for rebuttal evidence. The Controller’s orders were upheld, with the patent already revoked days earlier.

Unreasoned Post Grant Opposition Decision Set Aside by the Calcutta High Court

The Calcutta High Court set aside a post grant opposition decision in a patent dispute for inadequate reasoning and lack of independent analysis. The matter has been remanded for fresh consideration before a different officer to uphold procedural fairness.

You Shouldn’t have filed a Post-Grant Opposition, says Bombay High Court

The Bombay High Court in Safex Chemical India Ltd vs The Controller Of Patents clarified procedures for patent oppositions. The Court dismissed Safex’s writ, emphasising adherence to the statutory process under Indian patent law.

CASE BRIEF: Novo Nordisk AS vs. Union of India & Ors.

The Delhi High Court’s decision in Novo Nordisk AS vs. Union of India addresses key procedural and substantive aspects of post grant patent opposition in India. The judgment clarifies evidentiary requirements, parties’ rights regarding Opposition Board reports, and the strict timelines under the Patents Act and Rules.

Post-Grant Patent Opposition, Evidence and Hearings: Role of Patent Office, Opposition Board, and Parties

This post provides an analytical overview of the procedures and legal standards for post-grant patent opposition in India. It examines the Delhi High Court’s guidance on evidence, hearings, and the respective roles of the Patent Office and Opposition Board, underscoring the need for transparency and timely adjudication.

Post Grant Opposition of Patents in India – Lecture by Dr. Kalyan C. Kankanala at UPES School of Law

Dr. Kalyan C. Kankanala discusses post grant opposition of patents in India, focusing on the legal grounds and procedure under Section 25(2) of the Patent Act. The lecture was delivered as part of the Patent Law and Practice Program at UPES School of Law.

Tag: Post Grant Opposition