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Divisional Applications cannot exceed scope of Parent Application: Delhi High Court

Boehringer Ingelheim International GMBH vs The Controller Of Patents & Anr. on 12 July, 2022 Delhi High Court Facts / Background The Applicant, Boehringer Ingelheim International GMBH, had filed a National Phase PCT Application on 14th November, 2008, for 'Use of IV Inhibitors'. The patent specification had Claims numbered 1 - 18, with two claims numbered as 15, which were referred to as 15 and 15A. The First Examination Report ("FER") was issued on 24th March, 2014, in response to…
August 23, 2022 Intellectual Property, Patents 0Comment 1119Views 0Like
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Principles for filing Divisional Patent Applications in India

Principles for filing Divisional Patent Applications in India

After the establishment of the IP Division, the Delhi High Court has been clarifying different aspects of patent law through its lucid and well-written judgments. In a case decided on 12th July 2022, the Court has clarified and succinctly put together principles pertaining to the filing of divisional patent applications. While rejecting the validity of a divisional application  including product claims pertaining to DPP IV inhibitors because the parent application included only use and process claims, the Court stated as…
August 11, 2022 Intellectual Property, Patents 0Comment 1907Views 0Like
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Weekly Patent News Updates

Christmas patents, Invisible Christmas tree, Samsung and TCS bag CII Intellectual Property Award, Nike v. Adidas, Sprint v. Mediacom, Qualcomm –Apple iPhone X ban, LG Electronics and InterDigital patent license agreement, China top patent filer, Requesting examination of a divisional application, Patent Tip of the Week and other Weekly Patent News.

“Interesting patents and designs based on Christmas, Invisible Christmas Tree, CII IP awards – TCS and Samsung awarded, Nike’s patented technology challenged by Adidas, Sprint sues Mediacom, Ericsson awarded 75 million dollars in damages, Qualcomm seeks ban on iPhone X, LG Electronics and InterDigital enter into patent licensing agreement, China becomes top patent filer in 2016, Requesting examination of a divisional application in India, Patent Tip of the Week and other Weekly Patent News” presented by the Patent attorneys and…
December 11, 2017 Intellectual Property, Patents 0Comment 601Views 0Like
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