Madras High Court Archives

Court balances Hygieia’s patent application after IPO disbalances it under section 59

The Madras High Court has set aside the refusal of Hygieia Inc.’s patent application, highlighting the need for proper consideration of amended claims. The court emphasized the importance of interpreting claims in conjunction with their specifications and has directed a re-examination of the application by a different controller within six months. Continue Reading Court balances Hygieia’s patent application after IPO disbalances it under section 59

July 15, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 351Views 2Likes

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“Focus on technology, not semantics” says court in case involving gene technology

The Madras High Court ruled in favor of Toyota, overturning the patent office’s refusal to grant a patent for a gene increasing plant biomass and seed production. The court emphasized the importance of scientific aspects over language semantics and directed a review within six months. Continue Reading “Focus on technology, not semantics” says court in case involving gene technology

July 13, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 322Views 1Like

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Court Cranks the Clock Back on Opposed Crankshaft Patent Refusal

The Madras High Court remanded Pinnacle Engines Inc.’s patent application for their opposed piston engine, addressing inventive features overlooked by the Assistant Controller of Patents. The court emphasized the significance of the crank offset and opposite crankshaft rotation in reducing friction and vibration, directing a reassessment by a different officer. Continue Reading Court Cranks the Clock Back on Opposed Crankshaft Patent Refusal

July 10, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 347Views 1Like

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‘Controller under an obligation to inform inventor’ says Madras High Court

This post examines two crucial orders from the Madras High Court regarding patent refusals, highlighting the necessity for Controllers to provide detailed and well-reasoned orders. The cases of Nihon Onkyo Engineering Co. Ltd. and Qualcomm Incorporated demonstrate the importance of clarity in refusal decisions to facilitate judicial review and ensure transparency. Continue Reading ‘Controller under an obligation to inform inventor’ says Madras High Court

July 3, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 332Views 1Like

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MRF’s Trademark Muscle Secures Victory in Dispute Against Powermax

The Madras High Court ruled in favor of MRF Limited in a trademark and copyright infringement case against Powermax Rubber Factory and Powermax Tyre, granting a permanent injunction and awarding nominal damages. The court found Powermax’s use of similar logos likely to cause consumer confusion and mislead the public. Continue Reading MRF’s Trademark Muscle Secures Victory in Dispute Against Powermax

July 1, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 456Views 0Like

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Court Lifts injunction on Tractor-Forklift Design

The Madras High Court deliberated on whether a tractor fitted with a forklift can be considered a new vehicle and thus be eligible for design registration. The Court’s analysis focused on the novelty and innovation of the design, ultimately determining that such a combination was not new or original, leading to the vacation of an earlier injunction. Continue Reading Court Lifts injunction on Tractor-Forklift Design

June 28, 2024 BananaIP Reporter Case Reviews, Industrial Designs, Intellectual Property 0Comment 336Views 1Like

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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 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 523Views 0Like

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Engineered non-living substances are not excluded under Section 3(c) of the Patents Act, 1970.

The Madras High Court overturned the Indian Patent Office’s decision to reject Imclone’s patent application for a monoclonal antibody to treat metastatic bone cancer. The Court disagreed with the Patent Office’s view that the antibody was merely “discovered in nature” and not an invention. Continue Reading Engineered non-living substances are not excluded under Section 3(c) of the Patents Act, 1970.

May 6, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 554Views 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 462Views 0Like

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Injunction against use of Kalyan and Kalyan Jewellers Trademarks

Kalyan Jewellers successfully defended its trademarks ‘Kalyan’ and ‘Kalyan Jewellers’ against cybersquatting through a recent Madras High Court ruling. The Court ordered the transfer of the infringing domain name “kalyanjewellers.com” to Kalyan Jewellers after the WIPO arbitration panel couldn’t decide on the case due to the requirement of proving bad faith. Continue Reading Injunction against use of Kalyan and Kalyan Jewellers Trademarks

March 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 619Views 0Like

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Celebrating 20 Years of IP Excellence

Court balances Hygieia’s patent application after IPO disbalances it under section 59

“Focus on technology, not semantics” says court in case involving gene technology

Court Cranks the Clock Back on Opposed Crankshaft Patent Refusal

‘Controller under an obligation to inform inventor’ says Madras High Court

MRF’s Trademark Muscle Secures Victory in Dispute Against Powermax

Court Lifts injunction on Tractor-Forklift Design

Victory for Novozymes: Madras High Court Overrules Patent Office’s Refusal

Engineered non-living substances are not excluded under Section 3(c) of the Patents Act, 1970.

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

Injunction against use of Kalyan and Kalyan Jewellers Trademarks

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