Patents Archives | BananaIP

Frivolous inventions and abstract theories – Delhi High Court refuses patent appeal

The Delhi High Court dismissed an appeal against the rejection of a patent application due to lack of novelty and a significant procedural delay of 701 days. The appellants, who had filed a patent application for black-colored wearables with claimed effects on human energy, failed to provide scientific evidence or technical merit. The court upheld the Indian Patent Office’s decision, emphasizing that abstract ideas are not patentable and reaffirming the importance of adhering to statutory deadlines for appeals. Continue Reading…

3 days ago BananaIP Reporter Case Study, Intellectual Property, Patents 0Comment 223Views 0Like

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Patent Abandonment Overturned: Delhi HC Rules on FER Miscommunication

The Delhi High Court set aside the deemed abandonment of Waterotor’s Indian patent application, citing miscommunication regarding the First Examination Report (FER). The Court ruled that the lack of timely FER receipt justified reinstatement, directing the Patent Office to restore the application’s status to “pending” and allow a response within four weeks. Continue Reading Patent Abandonment Overturned: Delhi HC Rules on FER Miscommunication

February 19, 2025 BananaIP Reporter Case Study, Intellectual Property, Patents 0Comment 237Views 0Like

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Reasoned orders are a necessity in patent refusals, Madras HC reiterates

The Madras High Court overturned a patent refusal in Signal Pharmaceuticals vs. Deputy Controller of Patents, citing a lack of reasoning in the rejection order. The Court observed that the Patent Office failed to address the applicant’s arguments, disregarded amended claims, and provided no justification for the refusal under Section 2(1)(ja) and Section 3(d) of the Patents Act. The case was remanded for reconsideration, reinforcing the necessity of well-reasoned patent orders. Continue Reading Reasoned orders are a necessity in patent…

February 17, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 250Views 1Like

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Madras High Court Affirms Rejection of AI-Integrated Persona Patent

The Madras High Court dismissed an appeal challenging the rejection of a patent application for AI-integrated persona augmentation. The Court ruled that the invention lacked sufficient technical detail, inventive step, and patent-eligible subject matter under the Patents Act. It upheld the Controller’s decision, emphasizing the absence of tangible technical effects and clear disclosure requirements. Continue Reading Madras High Court Affirms Rejection of AI-Integrated Persona Patent

February 12, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 389Views 0Like

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Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

The Delhi High Court, in Syngenta Crop Protection AG vs. Assistant Controller of Patents and Designs, examined the rejection of an Indian patent application under Section 3(h) of the Patents Act. The Court ruled that plant treatment methods are distinct from agricultural processes, referring to the 2003 amendment to Section 3(i), and remanded the case for fresh examination with amended claims. Continue Reading Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

February 7, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 245Views 0Like

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The Draft guidelines for AYUSH Patent Applications

The Intellectual Property (IP) Office has issued Draft Guidelines for the processing of patent applications related to AYUSH systems and related inventions. These guidelines aim to streamline the evaluation process of patent applications concerning Ayurveda, Yoga & Naturopathy, Unani, Siddha, Sowa-Rigpa, and Homeopathy. Continue Reading The Draft guidelines for AYUSH Patent Applications

February 5, 2025 BananaIP Reporter Intellectual Property, Patents 0Comment 1201Views 5Likes

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Court clarifies distinction between business methods and technical inventions in section 3(k) related case

The Delhi High Court set aside the Indian Patent Office’s rejection of Comviva Technologies Limited’s patent application under Section 3(k) of the Patents Act, 1970. The Court recognized that the invention provided a technical advancement in securing electronic payment transactions. It directed the Patent Office to proceed with granting the patent, subject to any further objections under the law. Continue Reading Court clarifies distinction between business methods and technical inventions in section 3(k) related case

February 3, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 362Views 1Like

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Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law

The Madras High Court allowed Idemia Identity & Security France’s appeal, setting aside a refusal order under Section 3(k) for a cryptography patent. The Court ruled the order as a non-speaking one and in violation of natural justice. It directed fresh consideration of the matter, emphasizing technical contributions and adherence to CRI and European guidelines. Continue Reading Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law

January 14, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 458Views 0Like

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Court refuses interim injunction based on Patent Prosecution History

The Delhi High Court refused an interim injunction sought by Jay Switches in a patent infringement dispute against Sandhar Technologies. The Court found no prima facie infringement of Jay Switches’ patent for an airtight fuel cap and highlighted ambiguity in the claims. Sandhar was directed to maintain detailed accounts of product sales pending further proceedings. Continue Reading Court refuses interim injunction based on Patent Prosecution History

December 24, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 503Views 0Like

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Indian Patent and Design Statistics 2024 (December 13th to 20th)

51st issue of the Indian Patent Journal (20th December 2024) features 8,941 patent publications, 390 grants, and 564 registered designs Continue Reading Indian Patent and Design Statistics 2024 (December 13th to 20th)

December 23, 2024 BananaIP Reporter Intellectual Property, Patent & Design Statistics, Patents 0Comment 548Views 0Like

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Celebrating 20 Years of IP Excellence

Frivolous inventions and abstract theories – Delhi High Court refuses patent appeal

Patent Abandonment Overturned: Delhi HC Rules on FER Miscommunication

Reasoned orders are a necessity in patent refusals, Madras HC reiterates

Madras High Court Affirms Rejection of AI-Integrated Persona Patent

Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

The Draft guidelines for AYUSH Patent Applications

Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law

Court refuses interim injunction based on Patent Prosecution History

Indian Patent and Design Statistics 2024 (December 13th to 20th)

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