Tag: Post Grant Opposition

Safex Chemical India Ltd vs The Controller Of Patents And another

You Shouldn’t have filed a Post-Grant Opposition, says Bombay High Court

Safex Chemical India Ltd vs The Controller Of Patents And another In this case, Safex Chemical India Limited (“Safex”) filed a writ petition before the Bombay High Court with respect to the denial of the opportunity to respond to amendments in a pre-grant opposition. The patent application in the case is related to the chemical composition for increasing crop yield. Read More Continue Reading You Shouldn’t have filed a Post-Grant Opposition, says Bombay High Court

Read more

Image accompanying blogpost on Patent Post grant opposition hearings

Post-Grant Patent Opposition, Evidence and Hearings: Role of Patent Office, Opposition Board, and Parties

In a recent decision, the Delhi High Court has reiterated the principles to be followed with respect to patent oppositions, and has once again explained the context, approach, and pace of such proceedings. The Court has reiterated the principles that have to be followed by the Opposition Board, Patent Office, and parties in opposition proceedings based on principles laid down in the Pharmacyclics case. While doing so, the Court emphasized the need to expedite post-grant opposition proceedings, and the need…

Read more

High Court remands Patent Office's Legally Infirm and Unreasoned Order

High Court remands Patent Office’s Legally Infirm and Unreasoned Order

In a recent case decided by the Delhi High Court in Best Agrolife Limited vs. Deputy Controller of Patents and Anr., the Court remanded an order of patent grant by the Patent Office for a fresh consideration because the order was legally infirm and unreasoned, resulting in violation of principles of natural justice. The order was related to a patent application filed by GSP Crop Science, concerning a synergistic suspo-emulsion formulation of Pyriproxyfen and Diafenthiuron. The Petitioner in this case, Best…

Read more

The featured image shows the ink stamp of the word cancelled.

Revocation of Patents in India – Lecture by Dr. Kalyan C. Kankanala at UPES School of Law

Dr. Kalyan C. Kankanala recently delivered a lecture to the B.Tech - LLB students of UPES School of Law as part of the 'Patent Law and Practice Program' being taught by BananaIP Team at the School. This lecture was aimed at helping the students understand the process of patent revocation in India and compare the grounds of revocation with those listed under pre-grant and post-grant oppositions. This table below is a summary of the grounds available under Pre-grant opposition, Post-grant opposition and Revocation. Sl. No.…

Read more

The featured image shows a blackboard with the words yes, no and may be written on it.

Post Grant Opposition of Patents in India – Lecture by Dr. Kalyan C. Kankanala at UPES School of Law

Dr. Kalyan C. Kankanala recently delivered a lecture to the B.Tech - LLB students of UPES School of Law as part of the 'Patent Law and Practice Program' being taught by BananaIP Team at the School. The flow chart below represents the process of post-grant opposition in India. Section 25(2) of the Indian patent (Amendment) Act 2005 provides a provision for filing a post grant opposition against a patent.Under this provision any interested person, may file an opposition against a granted application within one year from…

Read more

The image reads Basics of patent process as the post contains a PPT on the same. To read more click here.

Patent Law-Basics of Patent Process- A PPT by Somashekar Ramakrishna at NLSIU

The following presentation was delivered by Mr. Somashekar Ramakrishna, Partner BananaIP Counsels, at National Law School of India University, Bangalore (NLSIU), as a part of the Patent law course offered for PGDIP students. The presentation titled “Basic of Patent Process”covers the following topics: Patent Process Filing Publication Examination Pre-Grant Opposition Grant Post-Grant Opposition Other concepts such as-Statement of undertaking, Divisional application, Patent of addition, Working of Patents Exercises About…

Read more