Protein-free foaming innovation revived! Madras High Court overturns patent refusal due to Controller’s failure to address key arguments and consider crucial differences from prior art. This judgment highlights the importance of thorough analysis and considering applicant submissions in patent decisions.
Read more about Refusal of patent application relating to ‘Soluble Foaming Composition’ set asideTag: Prior Art
Review and Reversal of Patent Refusal Orders by the Madras High Court
Madras High Court supports three inventions by overturning three patent refusals on grounds of Lack of valid grounds (RTA-408 case), failure to consider inventive features (fluidized bed boiler case) and procedural error (fuel temperature control case).
Read more about Review and Reversal of Patent Refusal Orders by the Madras High CourtRefusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court
Madras High Court overturned patent refusal for “Image Construction Apparatus” due to insufficient reasoning from the Controller regarding inventive step and Section 3(k). The Court criticized failure to consider the fact that the European Patent Office (EPO) had granted a patent based on the same prior art references and the disregard to analyze technical aspects per Section 3(k).
Read more about Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High CourtNon-Obviousness and the Trilogy
This post was first published on 5th December, 2014. The Supreme Court's non-obviousness precedent commenced with Graham v. John Deere Co., and its companion cases, Calmar v....
Read more about Non-Obviousness and the TrilogyThe TSM Test and Non-obviousness
This post was first published on 6th December, 2014. TSM test is the Teaching, Suggestion and Motivation test. It simply means, when analysing the obviousness of...
Read more about The TSM Test and Non-obviousnessInformed Prior Art Analysis for Traditional Knowledge Based Inventions
This post was first published on November 26th, 2012. Prior art forms the core of novelty and inventive step analysis and also plays an important...
Read more about Informed Prior Art Analysis for Traditional Knowledge Based InventionsDesigning Around Designs
This post was first published on February 14, 2010. In furtherance of our posts with respect to patent infringement analysis, I would like to hereby...
Read more about Designing Around DesignsAmendments to a PCT Application under Article 19 and Article 34
In an event where an applicant wishes to make certain changes in only the claims of a direct PCT application, the applicant can invoke the...
Read more about Amendments to a PCT Application under Article 19 and Article 34Is Criteria to Determine Obviousness in Patent Still Ambiguous?
The post discusses the persistent ambiguity in the legal criteria for determining obviousness in patent matters. It assesses recent judicial trends and the impact of landmark cases like KSR v Teleflex, noting the continued subjectivity in evaluating inventive step in India.
Read more about Is Criteria to Determine Obviousness in Patent Still Ambiguous?Laws of Nature / State of Art Interface
This post explores how the laws of nature exclusion shapes patent eligibility, especially in biotechnology. It discusses key judicial decisions and the impact of state of the art on the scope of this legal doctrine.
Read more about Laws of Nature / State of Art Interface