If you’ve come up with an idea for a new product, you might be wondering if it’s worth filing a patent to protect that idea. After all, patents can be expensive to obtain and challenging to understand. Do you really need one? The answer is probably yes. Read More Continue Reading 5 Reasons Why You Should File Patents Over Your Inventions
A patent search will tell you if any patents cover similar products to yours – and therefore whether or not your idea is patentable. To qualify for a Patent your invention must have “novelty” and “non-obviousness”. This means that it must not be similar to any existing products, and it must also be a significant improvement on anything that’s been produced before. Read More Continue Reading 5 Reasons to Conduct a Patent Search
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
Facts (with Timeline):
i) FMC Corporation and FMC Agro Singapore Pte. Ltd. (collectively referred to as “Plaintiffs”) were assigned Indian Patent No. 298645 (suit patent/IN’645) titled “Method for preparing N-Phenylpyrazole-1-Carboxamides.”
ii) The suit patent disclosed a novel method for preparing anthranilic diamide insecticide compounds. The claimed method involves combining:
a carboxylic acid compound of Formula 2,
an aniline compound of Formula 3, and
a sulfonyl chloride,
to prepare a compound of Formula 1 (Chlorantraniliprole (CTPR)).
iii) The Plaintiffs brought…
In a recent case involving Gogoro Inc, the Delhi High Court remanded a patent decision back to the patent office on the ground that the order was unreasoned. The Controller of Patents in the case rejected the patent application filed by Gogoro Inc relating to a power charging system on the ground that it lacked inventive step. The Controller cited three prior art references but failed to explain how a person skilled in the art would arrive at the claimed…
Boehringer Ingelheim International GMBH vs The Controller Of Patents & Anr. on 12 July, 2022
Delhi High Court
Facts / Background
The Applicant, Boehringer Ingelheim International GMBH, had filed a National Phase PCT Application on 14th November, 2008, for 'Use of IV Inhibitors'. The patent specification had Claims numbered 1 - 18, with two claims numbered as 15, which were referred to as 15 and 15A.
The First Examination Report ("FER") was issued on 24th March, 2014, in response to…
On 2nd August, 2022, the Indian IP Office has opened up submissions for the NATIONAL INTELLECTUAL PROPERTY AWARDS 2021 & 2022. As stated in the announcement the objective of these awards is:
“Objective:
National Intellectual Property (IP) Awards are conferred every year to recognize and reward the top achievers comprising individuals, institutions, organizations and enterprises, for their IP creations and commercialization, which have contributed towards strengthening IP eco-system in the country and in encouraging creativity and innovation. National IP Awards…
BananaIP is happy to launch the IP Cases Report for the year 2021. This report covers cases related to intellectual property decided by Courts in India, in the form of case notes. These case notes cover important decisions on critical questions of law and fact with respect to various species of intellectual property. You may download a copy of the report here. [Download PowerPoint Version] [Download PDF Version]
Structure of the Report
The Report is structured based on the primary…
After the establishment of the IP Division, the Delhi High Court has been clarifying different aspects of patent law through its lucid and well-written judgments. In a case decided on 12th July 2022, the Court has clarified and succinctly put together principles pertaining to the filing of divisional patent applications. While rejecting the validity of a divisional application including product claims pertaining to DPP IV inhibitors because the parent application included only use and process claims, the Court stated as…
Facts (with Timeline):
On 4th October, 2013, Novo Nordisk (hereinafter referred to as “Patentee”) was issued patent IN 257402.
On 29th September, 2014, which is five days prior to the expiry of one year from the date of grant, Sun Pharmaceuticals Industries (hereinafter referred to as “Opponent) filed a post-grant opposition to the issued patent IN 257402.
On 21st August, 2019, the Opposition Board provided its recommendation to the learned Controller.
On 25th September, 2019 and 26th September, 2019, the hearing…