Patents Archives

Court criticizes Patent Office for using outdated CRI Guidelines

The Madras High Court criticized the Patent Office for using outdated CRI guidelines of 2016 instead of the revised 2017 guidelines in evaluating Microsoft’s patent application.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 Continue Reading Court criticizes Patent Office for using outdated CRI Guidelines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 542Views 0Like

ShareFacebook

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 508Views 0Like

ShareFacebook

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 568Views 0Like

ShareFacebook

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 1050Views 2Likes

ShareFacebook

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 528Views 0Like

ShareFacebook

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

May 14, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 451Views 1Like

ShareFacebook

Indian Patent and Design Statistics 2024 (May 3rd to 10th)

19th issue of the Indian Patent Journal (10th May 2024) features 1,745 patent publications, 591 grants, and 1,017 registered designs. Continue Reading Indian Patent and Design Statistics 2024 (May 3rd to 10th)

May 14, 2024 BananaIP Reporter Intellectual Property, Patent & Design Statistics, Patents 0Comment 422Views 0Like

ShareFacebook

Novelty and Inventive Step analysis (Part B) – Ericsson Vs. Lava – Part IX

This post covers the intricate legal analysis of Ericsson’s patents essential for 3G and EDGE standards, dissecting novelty and inventive step aspects. Delve into the court’s scrutiny of prior art arguments and its decision on each patent’s validity. Continue Reading Novelty and Inventive Step analysis (Part B) – Ericsson Vs. Lava – Part IX

May 13, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 616Views 0Like

ShareFacebook

Novelty and Inventive Step analysis (Part A) – Ericsson Vs. Lava – Part VIII

This analysis examines the novelty and inventive step of the first five patents (IN 203034, IN 203036, IN 234157, IN 203686, IN 213723) in the Ericsson vs. Lava patent case. Part A focuses on patents related to Adaptive Multi-Rate (AMR) speech codec technology (IN 203034, IN 203036, IN 234157). Continue Reading Novelty and Inventive Step analysis (Part A) – Ericsson Vs. Lava – Part VIII

May 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 659Views 0Like

ShareFacebook

Image accompanying blogpost on "Patent Term Travel : The 20 year term from the Date of Filing is constitutionally valid"

The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

The Calcutta High Court scrutinized the constitutional validity of Section 53 of the Patents Act. The Petitoner argued for recalculating patent term from the date of grant, contending the current provision as arbitrary. However, the Court upheld the existing framework, emphasizing legislative discretion and international compliance. Continue Reading The 20-Year Patent Term from the Date of Filing is Constitutionally Valid