Promised and Forgotten: How a Pre-Grant Opposition swallowed a hearing
The Bombay High Court, in AIC246 AG & Co. KG v. The Patent Office of India, has set aside a patent rejection that bypassed the mandatory Section 14…
Pre-Grant Opposition
20 articles
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.…
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…
Mere Admixture or True Innovation? Crystal Crop’s Herbicidal Composition Fails the Synergy Test
The Delhi High Court has reaffirmed a simple patent lesson: mixing known compounds will not do unless the mix delivers something unexpectedly better. In Crystal Crop, the claimed…
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…
Can a Pre-Grant Opposition Survive After Patent Grant?
The Delhi High Court confirmed that once a patent grant order is signed, a pre-grant opposition under Section 25(1) is no longer valid. This case involving Vertex Pharmaceuticals…
Patent Examination and Pre-Grant Opposition are independent processes
The Delhi High Court has confirmed that patent examination and pre-grant opposition are independent processes under Indian law. Pre-grant opponents are entitled to participate only on specific grounds…
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…
Delhi High Court asks the Patent Office to decide on amendments and give adequate opportunity in Opposition Proceedings
The Delhi High Court has provided clear procedural guidance for patent opposition proceedings, focusing on transparency and fair opportunity for all parties. The judgment underscores the importance of…
High Court remands Patent Office’s Legally Infirm and Unreasoned Order
The Delhi High Court remanded a Patent Office order in a patent grant case for being legally infirm and unreasoned. The judgment underscores the importance of detailed reasoning…