Prove it or lose it: Bombay High Court on “Common General Knowledge”
In Deepak Nitrite Limited v. The Assistant Controller General of Patents and Designs, the Bombay High Court set aside a Section 15 refusal that rested on an unsourced…
Patent Refusal
40 articles
No Source, No Patent: Calcutta HC Says Fraunhofer Was ‘Shooting in the Dark’ on Bioreactor Biomass Patent
A bioreactor patent promising faster biomass growth through radiation exposure has been refused by the Calcutta High Court for failing to explain how the invention actually works, and…
When Six Herbs Walked Into the Patent Office and Synergy Did Not Show Up
In the case of Shaafi Naturcure LLP v Assistant Controller of Patents and Designs, the applicant claimed that six known herbs, when combined in specific proportions, produced a…
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…
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…
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…
AI Inventorship and the DABUS Refusal in India: Patent Opponent’s Submissions in the Patent Office Order
In Patent Application No. 202017019068, Stephen L. Thaler named DABUS, an artificial intelligence system, as the inventor of a food container invention. Although the Indian Patent Office refused…
Steering the divide: Steer Engineering’s divisional application denied by Court
Madras High Court upheld the refusal of Steer Engineering’s divisional patent application, affirming lack of inventive step and overlap with the parent filing.
Mist in the Machine, Haze in the Reasoning: Court Reiterates Mandatory Five-Step Test for Inventive Step
In the case of Energeo Works India Private Limited v. Assistant Controller of Patents, the Patent Office refused a patent application relating to an air cooling system that…
Inventive Step Misjudged? Delhi HC Revives Trident’s Patent Application
Delhi HC revives Trident’s patent application, citing flaws in the inventive step analysis of its air-rich yarn invention.