The Delhi High Court overturned the patent refusal for Alimentary Health’s probiotic formulation, emphasizing the need for an objective analysis of inventive step under the Patents Act, 1970. The Court criticized the Patent Office’s decision and highlighted the importance of avoiding hindsight bias in evaluating patent applications. Continue Reading Inventive Step Assessment: To be Anchored in Knowledge of a Person with Ordinary Skill on the Priority Date
23rd issue of the Indian Patent Journal (7th June 2024) features 1,201 patent publications, 846 grants, and 1,011 registered designs. Continue Reading Indian Patent and Design Statistics 2024 (May 31st to June 7th)
On May 30, 2024, the High Court of Himachal Pradesh granted an interim injunction to Boehringer Ingelheim, restraining Eris Lifesciences from manufacturing, selling, or marketing Empagliflozin tablets due to patent infringement. The court emphasized the importance of maintaining scientific integrity and upheld the validity of Boehringer’s patent. Continue Reading Boehringer secures Patent Injunction for its Diabetes Drug – Empagliflozin
22nd issue of the Indian Patent Journal (31st May 2024) features 1,759 patent publications, 1,179 grants, and 679 registered designs. Continue Reading Indian Patent and Design Statistics 2024 (May 24th to 31st)
The Madras High Court criticized inconsistent patent examination practices in Industeel France’s case, emphasizing the need for a fair and thorough evaluation process. The court ordered a de novo examination by a different Controller and stressed the importance of maintaining scientific temper. Continue Reading Patent examination should not kill the scientific temper of an inventor
In a significant ruling, the Madras High Court clarified that amending claims in a patent application does not imply abandonment of earlier claims. The court directed that decisions should be based on the amended claims. This analysis was part of Genomatica Inc. vs Controller of Patents case. Continue Reading New claims, Old claims, and Claim Amendments: Section 59 of the Patents Act
21st issue of the Indian Patent Journal (24th May 2024) features 829 patent publications, 760 grants, and 527 registered designs. Continue Reading Indian Patent and Design Statistics 2024 (May 17th to 24th)
The Madras High Court clarified the interpretation of Section 3(c) in the context of monoclonal antibodies patent in Genmab A/S v. Assistant Controller of Patents. The court emphasized the importance of novelty and technical advancement for patent eligibility. Continue Reading Monoclonal antibodies and Patents – How the Madras High Court interpreted Section 3(c)
The Madras High Court criticized the Patent Office for using outdated CRI guidelines of 2016 instead of the revised 2017 guidelines in evaluating Microsoft’s patent application. The court emphasized the importance of assessing technical effect or contribution in CRIs without considering hardware. Continue Reading Court criticizes Patent Office for using outdated CRI Guidelines
The WIPO Treaty on Intellectual Property, Genetic Resources, and Traditional Knowledge aims to enhance patent system efficiency and transparency regarding genetic resources and traditional knowledge. Continue Reading Note on the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge