A doped order on method of doping, court clarifies
The Madras High Court upheld the Patent Office’s refusal of IIT Madras’s patent application for a method of doping potassium into ammonium perchlorate. The judgment clarifies the application…
Section 3(d)
32 articles
Victory for Novozymes: Madras High Court Overrules Patent Office’s Refusal
The Madras High Court has reversed the Patent Office's rejection of Novozymes' patent for enzyme granules in animal feed, emphasizing the need for detailed reasoning in refusal orders.…
Cancerous Battle: Novartis and NATCO clash over Eltrombopag
The Delhi High Court Division Bench set aside an injunction against Natco Pharma in the Novartis Eltrombopag patent dispute. The judgment provides key guidance on patent validity challenges…
Review and Reversal of Patent Refusal Orders by the Madras High Court
The Madras High Court has set aside several patent refusal orders, highlighting the need for proper reasoning and adherence to legal procedures. These judgments clarify essential aspects of…
Reversal of unreasoned and invalid Patent refusals based on Section 3(d), Novelty, and Inventive Step
This post reviews three High Court decisions reversing unreasoned patent refusals in India, focusing on Section 3(d), novelty, and inventive step. The courts stressed the need for considering…
Examining the Origins of Section 3(d) in India’s Patents Act and Its Connection to EU SPCs
The article analyses Section 3(d) of India’s Patents Act and its controversial role in pharmaceutical patents post-Novartis. It examines its origins, connection to EU SPCs, and the focus…
High Court remands Patent Office’s Legally Infirm and Unreasoned Order
The Delhi High Court remanded a Patent Office order in a patent grant case for being legally infirm and unreasoned. The judgment underscores the importance of detailed reasoning…
Chapter II. 301 Report on Indian Patent System – Comprehending Apprehension or Apprehending Comprehension?
The 2014 Special 301 Report reviews India's patent system, focusing on Section 3d, compulsory licensing, and enforcement issues. This analysis sets the groundwork for deeper exploration of key…
Revised Draft Guidelines for Examination of Patent Applications in the Pharma Industry
The revised draft guidelines for examining pharmaceutical patent applications in India aim to standardize practices and clarify legal provisions, particularly section 3(d). These guidelines reflect stakeholder input and…
Demystifying the Evergreen myth
This post explores evergreening in pharmaceutical patents and how Section 3d of the Indian Patent Act limits patentability for incremental inventions. It discusses the implications for innovation, generic…