Smoking is injurious to health, but patent office cannot decide that!
Philip Morris Products S.A. challenged eight patent refusals at the Delhi High Court, each rejected by the Controller under Section 3(b) of the Patents Act on the ground…
Patents
1,283 articles
Fresh Hearing, Not Fresh Hunting: Patent Remand After Breach of Natural Justice
In the case of Qualyst Transporter Solutions LLC v. The Assistant Controller of Patents and Designs, the Court dealt with a familiar patent prosecution problem. When a refusal…
Revoked but Not Extinguished: Court Refuses to Kill Laser Patent Infringement Suits
The Bombay High Court refused to summarily dismiss patent infringement suits filed by Bharat Bhogilal Patel against TVS Electronics Ltd. and Kalelkar Surgicals Pvt. Ltd., holding that two…
Bolar Is Not a Blanket: Madras High Court on Vildagliptin API Exports
In the case of Novartis AG v. Venkata Narayana Active Ingredients Pvt. Ltd., the Madras High Court dealt with a familiar pharmaceutical patent question in a concrete factual…
Absorbable Stent and the Hindsight Trap in Inventive Step Analysis
In the case of Biotyx Medical Shenzhen Co., Ltd. v. Assistant Controller of Patents and Designs, the Delhi High Court dealt with a familiar patent question: can an…
Clocks Don’t Stop for Negligent Agents: Neurocentria Patent Revival Fails
When Neurocentria Inc. sought to revive its Indian patent application by disclaiming its earliest PCT priority date - effectively restarting the clock on missed deadlines; the Delhi High…
Insufficiency of disclosure: Delhi HC Rejects Counterfeit Detection Patent
The Delhi High Court dismissed an appeal against the rejection of a counterfeit detection patent, finding that the complete specification failed to meet the disclosure standard under Section…
Philips DVD Standard Essential Patent Damages Reversed After 17 Years
In suits filed as far back as 2009, Koninklijke Philips claimed its DVD decoding patent was a standard essential patent infringed by two Delhi-based manufacturers. The Single Judge…
Promised and Forgotten: How a Pre-Grant Opposition swallowed a hearing
The Bombay High Court, in AIC246 AG & Co. KG v. The Patent Office of India, has set aside a patent rejection that bypassed the mandatory Section 14…
Prescription Without Diagnosis: Court Remands Patent Refusal for Medical Research Engine
The Bombay High Court, in Navya Network Inc. v. Assistant Controller of Patents and Designs, set aside a patent refusal for a "Medical Research Retrieval Engine," ruling that…