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Madras High Court criticizes inconsistent patent examination in Industeel France case, emphasizing fair and thorough evaluation for inventors.

Patent examination should not kill the scientific temper of an inventor

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

June 6, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 529Views 0Like

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Madras High Court clarifies that claim amendments in a patent application do not mean abandoning earlier claims. Learn about the court's decision in Genomatica Inc. vs Controller of Patents

New claims, Old claims, and Claim Amendments: Section 59 of the Patents Act

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

June 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 577Views 0Like

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Image featuring INDIAN PATENT AND DESIGN STATISTICS 2024 (MAY 17TH TO MAY 24TH)

Indian Patent and Design Statistics 2024 (May 17th to 24th)

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)

May 31, 2024 BananaIP Reporter Intellectual Property, Patent & Design Statistics, Patents 0Comment 478Views 0Like

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Monoclonal antibodies and Patents – How the Madras High Court interpreted Section 3(c)

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)

May 31, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 734Views 0Like

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Court criticizes Patent Office for using outdated CRI Guidelines

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

May 28, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 618Views 0Like

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Note on the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge

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

May 27, 2024 BananaIP Reporter Intellectual Property, Patents, Traditional Knowledge 0Comment 549Views 0Like

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Victory for Novozymes: Madras High Court Overrules Patent Office’s Refusal

The Madras High Court, in a decision dated March 19, 2024, set aside a patent refusal order issued by the Assistant Controller of Patents and Designs in the case of a patent application filed by Novozymes A/S. This post summarizes the decision of the court in this case. Continue Reading Victory for Novozymes: Madras High Court Overrules Patent Office’s Refusal

May 27, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 648Views 0Like

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Cancerous Battle: Novartis and NATCO clash over Eltrombopag

In a landmark decision, the Delhi High Court overturned an injunction against Natco, allowing them to produce a generic version of Novartis’s cancer drug. The Court held that Novartis’s patent on a specific salt form of the drug (ELT-O) lacked novelty due to its coverage in an earlier patent (IN’176). Continue Reading Cancerous Battle: Novartis and NATCO clash over Eltrombopag

May 20, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 1197Views 2Likes

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Sufficiency of Disclosure – Ericsson vs Lava – Part X

This post dissects the Sufficiency of Disclosure aspect in the Ericsson Vs. Lava case, scrutinizing the court’s assessment of Ericsson’s patents’ validity under Sections 64(1)(h) and 64(1)(i) of the Patents Act. Drawing from legal precedents and patent law, the analysis highlights how the court deemed Ericsson’s patents to meet the requirements, ultimately dismissing Lava’s grounds for revocation. Continue Reading Sufficiency of Disclosure – Ericsson vs Lava – Part X

May 16, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 572Views 0Like

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Transparency Triumphs : Patent Refusals must elucidate clear grounds

The Delhi High Court recently ruled in favor of Calm Water Therapeutics LLC, highlighting the importance of transparent reasoning in patent refusal decisions. The Court’s observations underscored flaws in the Controller’s assessment, emphasizing the necessity of comprehensive reasoning behind such refusals. Continue Reading Transparency Triumphs : Patent Refusals must elucidate clear grounds