Inventive Step Archives

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 662Views 1Like

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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 444Views 0Like

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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 537Views 0Like

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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 673Views 0Like

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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 727Views 0Like

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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 476Views 0Like

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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 444Views 0Like

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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 373Views 0Like

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PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.

The Madras High Court has overturned a Patent Office decision that rejected Microsoft’s patent application for “Message Communication of Sensor and other Data.” The Court clarified that the “person skilled in the art” (PSITA) used to assess the inventive step is not omniscient and cannot be presumed to possess the inventive solution claimed in the patent. Continue Reading PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.

March 6, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 569Views 0Like

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Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

Protein-free foaming innovation revived! Madras High Court overturns patent refusal due to Controller’s failure to address key arguments and consider crucial differences from prior art. This judgment highlights the importance of thorough analysis and considering applicant submissions in patent decisions. Continue Reading Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

February 22, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 391Views 0Like

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Celebrating 20 Years of IP Excellence

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

PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.

Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

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