Court Remands Patent Rejection Over IV Catheter, Cites Flawed Obviousness Test
Delhi HC sets aside patent rejection for IV catheter, citing flawed inventive step analysis under Agriboard test and lack of reasoned decision.
Prior Art
19 articles
Non-Disclosure of Prior Art in Hearing Notice Violates Natural Justice, Rules Delhi High Court
In Croda Inc. v. Controller of Patents, the Delhi High Court emphasized procedural fairness and ruled that the non-disclosure of prior art in a hearing notice constitutes a…
Patent Application Rejection Set Aside for Improper Citation of Withdrawn Prior Art
The Madras High Court overturned a patent rejection due to improper citation of withdrawn prior art, directing a fresh examination. The case highlights the necessity for strict compliance…
Patent on Portable Vehicle Management System goes offtrack
The Delhi High Court upheld the refusal of a patent application for a portable vehicle management system, citing lack of inventive step over prior art. This case highlights…
Refusal of a patent application based on prior art not cited in hearing notice set aside by the Delhi High Court
The Delhi High Court set aside a patent refusal where the Controller relied on prior art not cited in the hearing notice. The decision underscores the importance of…
Non-Obviousness and the Trilogy
This post examines the Supreme Court’s non-obviousness trilogy and its interpretation of Section 103 in US patent law. Key concepts such as prior art and the standard of…
The TSM Test and Non-obviousness
The TSM test is crucial for determining non-obviousness in patent law by evaluating whether prior art teaches, suggests, or motivates the invention. This structured approach ensures that only…
Can Combining Contrivances Give Rise to Inventive Step? – An IPAB Case Note
This post reviews an IPAB decision on whether combining known elements in switch gears meets the inventive step requirement in Indian patent law. The case clarifies the threshold…
Patentability of Yoga- An Analysis
The post analyses the patentability of yoga under Indian law, stressing the importance of traditional knowledge documentation. It discusses the challenges India faces in protecting yoga and preventing…
Anticipation – Mere Presence of Elements Insufficient; Arrangement of Elements Imperative
This analysis addresses the requirement for both the presence and arrangement of claim elements in anticipation under patent law, drawing from the Net MoneyIN v. Verisign case. The…