Tag: Section 117A

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

A close-up of a formal legal document stamped in red with the word "PRELIMINARY," resting on a dark wooden desk. The document shows sections headed "Findings of Fact," "Conclusions of Law," and "Recommendation," with a blank date line at the bottom. A gavel is partially visible in the upper right corner. Featured image for article: Patent Opposition Board Report: Can you challenge it before the final order?

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.

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Court Remands Patent Rejection Over IV Catheter, Cites Flawed Obviousness Test

A nurse applies an intravenous catheter to a patient's arm while seated on a couch, Featured image for article: 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.

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