The Madras High Court allowed France Telecom’s writ petition, overturning orders rejecting its patent application due to procedural delays. The Court emphasized that errors by agents should not deprive applicants of statutory rights, directing the Deputy Controller of Patents to process the application as per the Patents Act, 1970. Continue Reading Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case
The Delhi High Court upheld Novartis’s patent on Ceritinib, rejecting Natco Pharma’s claims of invalidity and allegations of material suppression. The court ruled that the divisional application’s refusal was immaterial to the case and reaffirmed the patent’s validity based on inventive step, novelty, and therapeutic benefits. Natco’s application to vacate the injunction was dismissed. Continue Reading Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity
The Madras High Court overturned the Controller’s refusal of Intervet International’s patent application, underscoring the importance of natural justice and reasoned orders in patent proceedings. The case involved complex issues under Sections 3(d) and 3(e) of the Patents Act, with the Court remanding the matter for reconsideration. Continue Reading Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice
48th issue of the Indian Patent Journal (29th November 2024) features 3,015 patent publications, 595 grants, and 854 registered designs. Continue Reading Indian Patent and Design Statistics 2024 (November 22nd to 29th)
The Madras High Court dismissed Embio Ltd.’s petition challenging the validity of Malladi Drugs’ patent for a method of preparing chiral beta-amino alcohols. The court upheld the patent’s novelty, inventive step, and validity, citing superior yields and optical purity. Continue Reading Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals
The Madras High Court, in CMA(PT) No. 33/2023, overturned the Patent Controller’s rejection of a patent application by Dr. Vandana Parvez and others. The Court held the order non-speaking and procedurally invalid, directing a fresh examination within six months and expunging prior art from the public domain. Continue Reading Patent Application Rejection Set Aside for Improper Citation of Withdrawn Prior Art
The 2024 World Intellectual Property Indicators report reveals a significant rise in global patent and design filings, led by contributions from key Asian economies, including India. India’s 15.7% increase in patent filings reflects a surge in domestic IP activity and aligns with global trends in computer technology and digital communication. Continue Reading 2024 IP Report Indicates Increase in Patent and Design Filings with India Among Key Contributors
The Delhi High Court restored Bry-Air’s patent application after finding the delay was due to the former patent agent’s negligence, not the petitioner’s actions. The court emphasized that applicants should not suffer due to agents’ faults and allowed Bry-Air to proceed with Form 18 submission for patent examination. Continue Reading Court restores patent application despite missed deadline to file request for examination
Delhi High Court Orders Restoration of Patent Lapsed Due to Communication Error of the Patent Office
The Delhi High Court ruled in favor of Thijs, Roeland Michel Mathieu, ordering the restoration of Patent No. 408932 after it lapsed due to a communication error by the Patent Office. The court determined the lapse was not intentional on the appellant’s part and required the respondent to restore the patent upon payment of the renewal fee. Continue Reading Delhi High Court Orders Restoration of Patent Lapsed Due to Communication Error of the Patent Office
The Madras High Court has overturned the rejection of Kymab Limited’s patent application related to generating antibodies in non-human mammals. The Court found that the invention does not fall under Section 3(i) of the Patents Act, 1970, as it is not a method for treating animals but a process for producing antibodies using genetically modified animals. The patent is now set to be granted. Continue Reading Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered…