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

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…

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Madras High Court Affirms Rejection of AI-Integrated Persona Patent

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

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Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

The Madras High Court ruled that the licensing of the ROYALCHEF trademark does not restrict the licensor’s rights. In a dispute between Quality Chef Agro Foods and ADF Trading, the Court analyzed trademark ownership, assignment, and licensing agreements. It concluded that the plaintiffs, as licensees, had no exclusive right to the mark and could not prevent the licensor from exporting goods under the same brand. Continue Reading Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

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Dhanush v. Nayanthara: Netflix denied an exit pass in copyright violation case

Dhanush v. Nayanthara: Netflix denied an exit pass in copyright violation case

The Madras High Court ruled in favor of Wunderbar Films in its copyright dispute with Netflix over the unauthorized use of behind-the-scenes footage. Netflix’s applications challenging jurisdiction and seeking rejection of the plaint were dismissed. The Court held that territorial jurisdiction was valid, pre-suit mediation was not mandatory due to urgency, and combining statutory and common law remedies was permissible. Continue Reading Dhanush v. Nayanthara: Netflix denied an exit pass in copyright violation case

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Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law

Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law

The Madras High Court allowed Idemia Identity & Security France’s appeal, setting aside a refusal order under Section 3(k) for a cryptography patent. The Court ruled the order as a non-speaking one and in violation of natural justice. It directed fresh consideration of the matter, emphasizing technical contributions and adherence to CRI and European guidelines. Continue Reading Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law

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Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case

Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case

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

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Monster Energy falls short of "Energy for the 'Trademark' Journey"

Monster Energy falls short of “Energy for the ‘Trademark’ Journey”

The Madras High Court dismissed Monster Energy’s appeal against the refusal to register “Energy for the Journey” as a trademark, citing lack of distinctiveness. The Court upheld that generic or descriptive marks cannot be monopolized without evidence of secondary significance, allowing the appellant to reapply upon establishing distinctiveness through prolonged use. Continue Reading Monster Energy falls short of “Energy for the ‘Trademark’ Journey”

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Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice

Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice

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

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Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals

Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals

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

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Refusal of FACT Trademark for Air/Water Purification Products Set Aside

Refusal of FACT Trademark for Air/Water Purification Products Set Aside

The Madras High Court reversed the Registrar of Trade Marks’ decision to refuse KX Technologies LLC’s application for the FACT trademark for air and water purification filters. The court found no likelihood of confusion with existing marks in the fertilizer sector, allowing the application to proceed with a disclaimer on its specific use. Continue Reading Refusal of FACT Trademark for Air/Water Purification Products Set Aside

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