Patentability vs. Procedure: Finding the Right Balance during patent examinations

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The Delhi High Court ruled in favor of Arcturus Therapeutics, overturning the Controller’s rejection of its patent application on procedural grounds. The Court emphasized that procedural compliance should not override substantive examination, directing the Patent Office to reassess the application on its merits.

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Patent Abandonment Overturned: Delhi HC Rules on FER Miscommunication

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The Delhi High Court set aside the deemed abandonment of Waterotor’s Indian patent application, citing miscommunication regarding the First Examination Report (FER). The Court ruled that the lack of timely FER receipt justified reinstatement, directing the Patent Office to restore the application’s status to “pending” and allow a response within four weeks.

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Indian Patent & Design Statistics Report – 2025

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BananaIP’s Indian Patent and Design Statistics Report 2024 highlights a 60% increase in patent publications, a 15% drop in grants, and reduced examination rates. Delhi and Chennai emerge as top contributors to filings, showcasing trends in India’s evolving IP landscape.

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Section 3(j), Essentially biological processes and human intervention

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The Madras High Court remanded Sakata Seed Corporation’s patent application, focusing on the human intervention in biological processes under Section 3(j). The Court found that the Applicant’s arguments regarding human intervention were not sufficiently addressed by the Patent Office, leading to a fresh review of the case.

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

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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.

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

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

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Weekly Patent and Industrial Design Statistics – 23rd December 2022 to 30th December 2022

Weekly Patent and Industrial Design Statistics – 23rd December 2022 to 30th December 2022 Featured image for Weekly Patent and Industrial Design Statistics – 23rd December 2022 to 30th December 2022

This week, the patent office published 2,905 applications along with 925 patent grants. The design office registered a total of 1,064 designs.

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Weekly Patent and Industrial Design Statistics – 16th December 2022 to 23rd December 2022

Weekly Patent and Industrial Design Statistics – 16th December 2022 to 23rd December 2022 Featured image for Weekly Patent and Industrial Design Statistics – 16th December 2022 to 23rd December 2022

This week, the patent office published 755 applications along with 353 patent grants. The design office registered a total of 1,249 designs.

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Weekly Patent and Industrial Design Statistics – 9th December 2022 to 16th December 2022

Weekly Patent and Industrial Design Statistics – 9th December 2022 to 16th December 2022 Featured image for Weekly Patent and Industrial Design Statistics – 9th December 2022 to 16th December 2022

This week, the patent office published 950 applications along with 697 patent grants. The design office registered a total of 698 designs.

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