Patents Archives

Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

Protein-free foaming innovation revived! Madras High Court overturns patent refusal due to Controller’s failure to address key arguments and consider crucial differences from prior art. This judgment highlights the importance of thorough analysis and considering applicant submissions in patent decisions. Continue Reading Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

February 22, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 367Views 0Like

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Madras High Court provides clarity on Proof of Right, says date of assignment and date of declaration are different.

In this case, the Madras High Court sheds light on proving applicant’s right, emphasizing the difference between assignment and declaration dates. This case offers insights for smoother patent applications in India and is likely to provide much-needed clarity to Applicants and Controllers alike who often encounter the same or similar objections relating to proof of right under Section 7(2) and Rule 10 of the Patents Act. Continue Reading Madras High Court provides clarity on Proof of Right, says date of…

February 21, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 598Views 0Like

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Review and Reversal of Patent Refusal Orders by the Madras High Court

Madras High Court supports three inventions by overturning three patent refusals on grounds of Lack of valid grounds (RTA-408 case), failure to consider inventive features (fluidized bed boiler case) and procedural error (fuel temperature control case). Continue Reading Review and Reversal of Patent Refusal Orders by the Madras High Court

February 21, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 510Views 0Like

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Image accompanying blogpost on "Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court"

Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court

Madras High Court overturned patent refusal for “Image Construction Apparatus” due to insufficient reasoning from the Controller regarding inventive step and Section 3(k). The Court criticized failure to consider the fact that the European Patent Office (EPO) had granted a patent based on the same prior art references and the disregard to analyze technical aspects per Section 3(k). Continue Reading Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High…

February 17, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 666Views 0Like

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Refusal of a patent application based on prior art not cited in hearing notice set aside by the Delhi High Court

In this case the Delhi High Court set aside an order of the Controller of Patents refusing a patent application based on a ground not raised in the hearing notice. The refusal order was set aside as it lacked proper reasoning as required for inventive step analysis. Continue Reading Refusal of a patent application based on prior art not cited in hearing notice set aside by the Delhi High Court

February 14, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 797Views 0Like

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Inventive Step analysis requires a rigorous examination, not surface analysis, says the Delhi High Court.

In this case the Delhi High Court set aside an order of the Controller of Patents refusing a patent application. The refusal order was set aside as it lacked proper reasoning as required for inventive step analysis. Continue Reading Inventive Step analysis requires a rigorous examination, not surface analysis, says the Delhi High Court.

February 14, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 729Views 0Like

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Indian Patent and Design Statistics 2024 (February 2nd to 9th)

6th issue of the Indian Patent Journal (9th February 2024) features 2,236 patent publications, 2,443 grants, and 749 registered designs. Continue Reading Indian Patent and Design Statistics 2024 (February 2nd to 9th)

February 14, 2024 BananaIP Reporter Industrial Designs, Intellectual Property, Patent & Design Statistics, Patents 0Comment 581Views 0Like

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Method of producing ‘protein enriched blood serum’ is not a method of treatment under Section 3(i), says the Delhi High Court

Delhi High Court reviewed whether new objections can be raised at the hearing stage of a Patent Application. The Court examined the claims and the refusal order, from the purview of Principles of Natural Justice. Continue Reading Method of producing ‘protein enriched blood serum’ is not a method of treatment under Section 3(i), says the Delhi High Court

February 13, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 700Views 0Like

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Product by Process Patent Claims are Product Claims, not Process Claims, rules the Delhi High Court

In a landmark decision, the Delhi High Court clarifies the nature of product by process patent claims in the ferric carboxymaltose dispute between Vifor International and MSN Labs. Continue Reading Product by Process Patent Claims are Product Claims, not Process Claims, rules the Delhi High Court

February 8, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 805Views 0Like

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Patent and Trademark Dispute Settlements

Exploring successful settlements in IP disputes involving Asian Paints, Colorbar, Pfizer, and their counterparts, showcasing effective dispute resolution outside of court. Continue Reading Patent and Trademark Dispute Settlements

February 7, 2024 BananaIP Reporter Case Reviews, Intellectual Property, IP Settlements, Patents, Trademarks 0Comment 646Views 0Like

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Celebrating 20 Years of IP Excellence

Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

Madras High Court provides clarity on Proof of Right, says date of assignment and date of declaration are different.

Review and Reversal of Patent Refusal Orders by the Madras High Court

Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court

Refusal of a patent application based on prior art not cited in hearing notice set aside by the Delhi High Court

Inventive Step analysis requires a rigorous examination, not surface analysis, says the Delhi High Court.

Indian Patent and Design Statistics 2024 (February 2nd to 9th)

Method of producing ‘protein enriched blood serum’ is not a method of treatment under Section 3(i), says the Delhi High Court

Product by Process Patent Claims are Product Claims, not Process Claims, rules the Delhi High Court

Patent and Trademark Dispute Settlements

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