Intellectual Property Archives

Image accompanying blogpost on "Rejecting Patent Applications without Comprehensive Analysis Contradicts Section 2(1)(ja) of the Patents Act, says Delhi High Court"

Rejecting Patent Applications without Comprehensive Analysis Contradicts Section 2(1)(ja) of the Patents Act, says Delhi High Court

The Delhi High Court, in the matter of Saint Gobain Abrasives Inc & Anr vs the Controller of Patents, accepted an appeal challenging the refusal order dated August 19, 2021, issued by the Assistant Controller in respect of patent application No. 2458/DELNP/2013. Brief Facts The patent application titled “Nonwoven Composite Abrasive Comprising Diamond Abrasive Particles” was filed before the Indian Patent Office on March 20, 2013. Pursuant to a request for examination by the appellant, a First Examination Report…

March 20, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 453Views 0Like

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Patent refusal order set aside, matter remanded back for DeNovo consideration

The Delhi High Court has faulted the Patent Office for rejecting a patent application without adequate reasoning. The case involved a beverage can closure design, and the Controller’s decision lacked clarity and failed to address the applicant’s arguments effectively. The Court has sent the case back for a proper re-examination, highlighting the need for thoroughness in patent application reviews. Continue Reading Patent refusal order set aside, matter remanded back for DeNovo consideration

March 18, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 434Views 0Like

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Image accompanying blogpost on "Patent Amendment rules 2024"

Patent (Amendment) Rules 2024 come into effect, significant changes introduced.

The Delhi High Court in Kudos Pharma v. Natco Pharma addressed a patent infringement lawsuit concerning the anti-cancer drug Olaparib. To counter a patent infringement claim, the defendant needs to raise a plausible challenge to the patent’s validity. Patent coverage (what the patent protects) is distinct from the specific details disclosed in the patent document. This case involved a species patent (Olaparib) claimed within the scope of a broader genus patent. Continue Reading Patent (Amendment) Rules 2024 come into effect,…

March 17, 2024 BananaIP Reporter Intellectual Property, Patents 0Comment 1917Views 0Like

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Kudos Pharma v. Natco Pharma: A case on patent claims, coverage, validity and infringement.

The Delhi High Court in Kudos Pharma v. Natco Pharma addressed a patent infringement lawsuit concerning the anti-cancer drug Olaparib. To counter a patent infringement claim, the defendant needs to raise a plausible challenge to the patent’s validity. Patent coverage (what the patent protects) is distinct from the specific details disclosed in the patent document. This case involved a species patent (Olaparib) claimed within the scope of a broader genus patent. Continue Reading Kudos Pharma v. Natco Pharma: A case…

March 15, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 937Views 0Like

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The words ‘KONDRU’ and ‘LOBAN’ are Publici Juris, says the Delhi High Court

The Delhi High Court ruled that common words like “KONDRU” and “LOBAN” in the context of ayurvedic products cannot be exclusively trademarked. This decision highlights the importance of distinctiveness in trademark registration. Continue Reading The words ‘KONDRU’ and ‘LOBAN’ are Publici Juris, says the Delhi High Court

March 15, 2024 BananaIP Reporter Intellectual Property 0Comment 468Views 0Like

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The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases

This blog post summarizes four recent trademark cases from various High Courts across India, and provides important takeaways relating to trademarks. In one of the cases, the Karnataka High Court pointed out that a trademark infringement suit can be stayed if a rectification is pending against the same trademark, although it was filed by another party. In another suit, the Delhi High Court, allowed the Defendant in the suit to conduct business under a modified name during the pendency of…

March 14, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 689Views 0Like

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Patent refusals: The need for clarity and details beyond mere objections.

The Delhi High Court recently highlighted the importance of clear and detailed reasoning in patent office rejections. In this case of Calm Water Therapeutics LLC’s patent application, the court found the initial rejection order by the patent office to be flawed as the revised claim was not considered and no detailed explanation was provided in the rejection. The court emphasized the need for the Patent Office to provide clear explanations and conduct thorough examinations before rejecting applications. Continue Reading Patent…

March 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 406Views 0Like

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Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

Delhi High Court recently ruled in favour of Sterling Agro Industries, protecting their “NOVA” trademark for dairy products from a deceptively similar mark “NOVYA” used by ASR Trading Company. The Court noted the similarity in marks and packaging, the abandoned trademark application by ASR, and their its to prove otherwise, leading to a permanent injunction and penalty against the defendant. Continue Reading Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

March 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 460Views 0Like

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Delhi High Court issues injunction against Software Piracy

Software giant Bentley Systems successfully obtained an injunction from the Delhi High Court against a company for copyright infringement of its software programs. This case highlights the legal recourse available to software companies in India to protect their intellectual property. Continue Reading Delhi High Court issues injunction against Software Piracy

March 9, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property, Open Source Licensing, Software 0Comment 694Views 0Like

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Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguous

The Delhi High Court recently ruled that the Indian Patent Office (IPO) must clearly and unambiguously articulate objections to patent applications. This case involved Microsoft’s patent application for “Discovery of Secure Network Enclaves,” which was rejected by the IPO for lacking inventive step and violating disclosure requirements. The Court found the IPO’s objections to be ambiguous and procedurally irregular, thereby stressing on fair hearings and proper communication during the patent examination process. Continue Reading Objections regarding insufficiency of disclosure in…

March 8, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 337Views 0Like

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Celebrating 20 Years of IP Excellence

Rejecting Patent Applications without Comprehensive Analysis Contradicts Section 2(1)(ja) of the Patents Act, says Delhi High Court

Patent refusal order set aside, matter remanded back for DeNovo consideration

Patent (Amendment) Rules 2024 come into effect, significant changes introduced.

Kudos Pharma v. Natco Pharma: A case on patent claims, coverage, validity and infringement.

The words ‘KONDRU’ and ‘LOBAN’ are Publici Juris, says the Delhi High Court

The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases

Patent refusals: The need for clarity and details beyond mere objections.

Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

Delhi High Court issues injunction against Software Piracy

Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguous

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