Section 59 | Intellepedia

Patent Application for System to Locate Users on P2P Networks Refused under Section 3(k)

Wooden cylinders with letters "P2P" symbolizing peer-to-peer networks, placed on a background of dollar bills. Wooden cylinders with letters "P2P" symbolizing peer-to-peer networks, placed on a background of dollar bills.

The Delhi High Court has upheld the refusal of a patent application for a system that locates users on peer-to-peer networks. The Court ruled that the invention was a computer program per se, excluded from patentability under Section 3(k) of the Patents Act.

Patent Claim Amendments – Court’s observation of amendments to systems, methods and use claims

Illustration of a peaceful, smiling monk in orange robes sitting cross-legged with eyes closed, surrounded by a yellow halo, under the curved text "It’s all about accepting the change" on a peach background.

The Calcutta High Court remanded a patent application back to the Controller of Patents, citing infrimities in evaluating claim amendments. The Court stressed that mere change in claim types—method to system—without analyzing technical substance cannot justify rejection under Section 59 of the Indian Patents Act.

AbbVie’s Patent Refusal Upheld over Impermissible Shift from Treatment to Product Claims

3D rendering of a blue virus particle surrounded by yellow antibodies, illustrating an immune response at the microscopic level

The Delhi High Court has dismissed AbbVie’s appeal regarding the refusal of their patent application for an anti-cMet antibody-drug conjugate. The court found the proposed amendments exceeded permissible scope under the Indian Patents Act.

Court balances Hygieia’s patent application after IPO disbalances it under section 59

The Madras High Court set aside the refusal of Hygieia’s patent application, stressing the importance of considering amended claims with the original specification. The case provides key guidance on section 59 and claim amendments under Indian patent law.

Madras High Court Rulings on Patent Application Refusals

Recent Madras High Court rulings have clarified the standards for refusing patent applications in India. The Court emphasized the need for clear, detailed reasoning in refusals, ensuring transparency and fairness in the patent examination process.