Post Grant Opposition | Intellepedia

Patent Opposition Board Report: Can you challenge it before the final order?

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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 dispute between E.R. Squibb & Sons LLC and Zydus Healthcare Limited over a cancer-treatment patent, with significant implications for patent opposition board recommendation practice in India.

Speak Up or Step Aside: Bombay HC on What a Post-Grant Opposition Order Must Do

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In Saurabh Arora v. Deputy Controller of Patents, the Bombay High Court set aside a post-grant patent opposition order that dismissed a challenge under Section 25(2)(c) of the Patents Act without recording a single reason. The court found complete non-application of mind in an order affecting a Cadila Pharmaceuticals patent – but will it survive a fresh look?

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

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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

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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.

Patent opposition system in India: Pre-grant & Post grant oppositions

The Indian patent opposition system offers structured processes for pre-grant and post grant challenges to patent validity. This post outlines the procedures, grounds, and key advantages of opposition proceedings under Indian patent law.