Patent Refusal Archives

This image contains the following text: Mitsui Chemicals Inc. vs Controller of Patents. Section 3(h), Procedural adherence and Patent refusal.

Delhi High Court reverses Patent refusal, Highlights significance of procedural adherence in handling claims of PCT National phase applications.

The Delhi High Court, in a recent decision dated February 23, 2024, in Mitsui Chemicals Inc. vs Controller of Patents, overturned the patent refusal order issued by the Controller in respect of patent application No. 3877/DELNP/200. This decision underscores the significance of procedural adherence, especially in handling of claims during the national phase entry of PCT applications. Background/Facts Mitsui Chemicals (the Appellant) filed a PCT national phase application titled "Plant Disease and Insect Damage Control Composition and Plant Disease and Insect…

April 3, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 156Views 0Like

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Courts Weigh on Inordinate Delay in Patent Orders and Scope of Claim Amendments

Delhi and Madras High Courts overturned patent refusals for ‘Theta Defensins’ and due to a 6-year delay, setting precedents on amendments and timely decisions. Continue Reading Courts Weigh on Inordinate Delay in Patent Orders and Scope of Claim Amendments

March 7, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 106Views 0Like

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Image accompanying blogpost on "by the Madras High Court"

Review and Reversal of Patent Refusal Orders by the Madras High Court

Madras High Court supports three inventions by overturning three patent refusals on grounds of Lack of valid grounds (RTA-408 case), failure to consider inventive features (fluidized bed boiler case) and procedural error (fuel temperature control case). Continue Reading Review and Reversal of Patent Refusal Orders by the Madras High Court

February 21, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 230Views 0Like

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Reversal of unreasoned and invalid Patent refusals based on Section 3(d), Novelty, and Inventive Step

Exploring recent High Court judgments overturning patent application refusals, highlighting the importance of detailed reasoning and thorough consideration in patent office decisions. Continue Reading Reversal of unreasoned and invalid Patent refusals based on Section 3(d), Novelty, and Inventive Step

January 30, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 353Views 0Like

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Madras High Court Rulings on Patent Application Refusals

In this post, we examine recent Madras High Court rulings that have overturned patent application refusals. These cases, involving complex topics such as immunological targeting, drug delivery formulations, and polynucleotide libraries, highlight the Court's stance on the necessity for clear and cogent reasoning in patent application rejections. Case Notes Rejection of claim amendments under Section 59 without reasons is not valid, says the Madras High Court. In a case involving a patent application relating to "Immunological Targeting of Pathological Tau Proteins",…