Inventive Step Archives

Reasoned orders are a necessity in patent refusals, Madras HC reiterates

The Madras High Court overturned a patent refusal in Signal Pharmaceuticals vs. Deputy Controller of Patents, citing a lack of reasoning in the rejection order. The Court observed that the Patent Office failed to address the applicant’s arguments, disregarded amended claims, and provided no justification for the refusal under Section 2(1)(ja) and Section 3(d) of the Patents Act. The case was remanded for reconsideration, reinforcing the necessity of well-reasoned patent orders. Continue Reading Reasoned orders are a necessity in patent…

February 17, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 157Views 1Like

ShareFacebook

Madras High Court Affirms Rejection of AI-Integrated Persona Patent

The Madras High Court dismissed an appeal challenging the rejection of a patent application for AI-integrated persona augmentation. The Court ruled that the invention lacked sufficient technical detail, inventive step, and patent-eligible subject matter under the Patents Act. It upheld the Controller’s decision, emphasizing the absence of tangible technical effects and clear disclosure requirements. Continue Reading Madras High Court Affirms Rejection of AI-Integrated Persona Patent

February 12, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 286Views 0Like

ShareFacebook

Cow dung lamp from Traditional Knowledge fails to light up patentability standards

The Madras High Court dismissed an appeal challenging the rejection of a patent for an eco-friendly lamp made from panchagavya and traditional herbal leaves. The court upheld the decision, citing traditional knowledge and lack of inventive step. Continue Reading Cow dung lamp from Traditional Knowledge fails to light up patentability standards

July 17, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents, Traditional Knowledge 0Comment 865Views 1Like

ShareFacebook

Patent on Portable Vehicle Management System goes offtrack

The Delhi High Court confirmed the refusal of Mahesh Gupta’s patent application for a Portable Vehicle Management System, citing the lack of an inventive step in light of prior arts D4 and D5. The decision underscores important principles of patentability, including mosaicing, hindsight bias, and the criteria for non-obviousness. Continue Reading Patent on Portable Vehicle Management System goes offtrack

July 9, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 569Views 0Like

ShareFacebook

Inventive Step Assessment: To be Anchored in Knowledge of a Person with Ordinary Skill on the Priority Date

The Delhi High Court overturned the patent refusal for Alimentary Health’s probiotic formulation, emphasizing the need for an objective analysis of inventive step under the Patents Act, 1970. The Court criticized the Patent Office’s decision and highlighted the importance of avoiding hindsight bias in evaluating patent applications. Continue Reading Inventive Step Assessment: To be Anchored in Knowledge of a Person with Ordinary Skill on the Priority Date

June 21, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 655Views 0Like

ShareFacebook

Novelty and Inventive Step analysis (Part B) – Ericsson Vs. Lava – Part IX

This post covers the intricate legal analysis of Ericsson’s patents essential for 3G and EDGE standards, dissecting novelty and inventive step aspects. Delve into the court’s scrutiny of prior art arguments and its decision on each patent’s validity. Continue Reading Novelty and Inventive Step analysis (Part B) – Ericsson Vs. Lava – Part IX

May 13, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 766Views 0Like

ShareFacebook

Novelty and Inventive Step analysis (Part A) – Ericsson Vs. Lava – Part VIII

This analysis examines the novelty and inventive step of the first five patents (IN 203034, IN 203036, IN 234157, IN 203686, IN 213723) in the Ericsson vs. Lava patent case. Part A focuses on patents related to Adaptive Multi-Rate (AMR) speech codec technology (IN 203034, IN 203036, IN 234157). Continue Reading Novelty and Inventive Step analysis (Part A) – Ericsson Vs. Lava – Part VIII

May 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 877Views 0Like

ShareFacebook

Patent refusal order set aside, matter remanded back for DeNovo consideration

The Delhi High Court has faulted the Patent Office for rejecting a patent application without adequate reasoning. The case involved a beverage can closure design, and the Controller’s decision lacked clarity and failed to address the applicant’s arguments effectively. The Court has sent the case back for a proper re-examination, highlighting the need for thoroughness in patent application reviews. Continue Reading Patent refusal order set aside, matter remanded back for DeNovo consideration

March 18, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 570Views 0Like

ShareFacebook

Patent refusals: The need for clarity and details beyond mere objections.

The Delhi High Court recently highlighted the importance of clear and detailed reasoning in patent office rejections. In this case of Calm Water Therapeutics LLC’s patent application, the court found the initial rejection order by the patent office to be flawed as the revised claim was not considered and no detailed explanation was provided in the rejection. The court emphasized the need for the Patent Office to provide clear explanations and conduct thorough examinations before rejecting applications. Continue Reading Patent…

March 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 505Views 0Like

ShareFacebook

Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguous

The Delhi High Court recently ruled that the Indian Patent Office (IPO) must clearly and unambiguously articulate objections to patent applications. This case involved Microsoft’s patent application for “Discovery of Secure Network Enclaves,” which was rejected by the IPO for lacking inventive step and violating disclosure requirements. The Court found the IPO’s objections to be ambiguous and procedurally irregular, thereby stressing on fair hearings and proper communication during the patent examination process. Continue Reading Objections regarding insufficiency of disclosure in…

March 8, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 462Views 0Like

ShareFacebook

Celebrating 20 Years of IP Excellence

Reasoned orders are a necessity in patent refusals, Madras HC reiterates

Madras High Court Affirms Rejection of AI-Integrated Persona Patent

Cow dung lamp from Traditional Knowledge fails to light up patentability standards

Patent on Portable Vehicle Management System goes offtrack

Inventive Step Assessment: To be Anchored in Knowledge of a Person with Ordinary Skill on the Priority Date

Novelty and Inventive Step analysis (Part B) – Ericsson Vs. Lava – Part IX

Novelty and Inventive Step analysis (Part A) – Ericsson Vs. Lava – Part VIII

Patent refusal order set aside, matter remanded back for DeNovo consideration

Patent refusals: The need for clarity and details beyond mere objections.

Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguous

Connect with Us

BananaIP has been acknowledged as a women-owned enterprise, certified by WEConnect International.

Connect with us