Section 117A | Intellepedia

All the Trappings! Bombay High Court Bars Second Patent Appeals

Illustration of closed courthouse gates symbolising the bar on second patent appeals in India under Section 100A CPC — Bombay High Court ruling on patent appeal maintainability

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. The court’s answer, drawing on Section 100A CPC and the “trappings of a Civil Court” doctrine closes a significant procedural door for Indian patent litigants.

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.

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.

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,

Delhi HC sets aside patent rejection for IV catheter, citing flawed inventive step analysis under Agriboard test and lack of reasoned decision.