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

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

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. Continue Reading Patentability vs. Procedure: Finding the Right Balance during patent examinations
March 11, 2025 Case Reviews, Intellectual Property, Patents 0Comment 192Views 0Like
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Patent Abandonment Overturned: Delhi HC Rules on FER Miscommunication

Patent Abandonment Overturned: Delhi HC Rules on FER Miscommunication

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. Continue Reading Patent Abandonment Overturned: Delhi HC Rules on FER Miscommunication
February 19, 2025 Case Study, Intellectual Property, Patents 0Comment 473Views 2Likes
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Section 3(j), Essentially biological processes and human intervention

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

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. Continue Reading Section 3(j), Essentially biological processes and human intervention
September 17, 2024 Case Reviews, Intellectual Property, Patents 0Comment 892Views 4Likes
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Victory for Novozymes: Madras High Court Overrules Patent Office's Refusal

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 Case Reviews, Intellectual Property, Patents 0Comment 924Views 0Like
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Image accompanying blogpost on "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.

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 Case Reviews, Intellectual Property, Patents 0Comment 908Views 0Like
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