Prove it or lose it: Bombay High Court on “Common General Knowledge”
In Deepak Nitrite Limited v. The Assistant Controller General of Patents and Designs, the Bombay High Court set aside a Section 15 refusal that rested on an unsourced…
Section 117A
8 articles
Not a Mere Discovery: Delhi High Court Revisits Section 3(c) Patentability for Recombinant Proteins
Pioneer Hi-Bred International Inc. challenged the Controller of Patents' refusal of its insecticidal protein application before the Delhi High Court, testing the limits of Section 3(c) patentability for…
Deemed Abandonment of Patent Application
When Shiv Nadar University's patent application was deemed abandoned over a four-day delay in replying to an examination report, the Delhi High Court had to decide whether Section…
Pixel Perfect Prior Art – NEC’s Video Coding Patent rejected
NEC Corporation's appeal over the refusal of its video coding patent has been dismissed by the Delhi High Court, which confirmed that the invention lacks inventive step under…
In Vitro, Out of Order: Delhi HC Remands Section 3(i) Diagnostic Methods Patent Refusal in FTIR Skin Cancer Case
The Delhi High Court sets aside the Controller’s blanket refusal of an FTIR spectral analysis patent for skin cancer tissue characterization, holding that the Controller misapplied the Section…
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.…
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…
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.