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.
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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.
Read more about New claims, Old claims, and Claim Amendments: Section 59 of the Patents ActMonoclonal 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.
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