Patent Application 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 365Views 2Likes

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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 443Views 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 342Views 0Like

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Image accompanying blogpost on "by the Madras High Court"

Review and Reversal of Patent Refusal Orders by the Madras High Court

Madras High Court supports three inventions by overturning three patent refusals on grounds of Lack of valid grounds (RTA-408 case), failure to consider inventive features (fluidized bed boiler case) and procedural error (fuel temperature control case). Continue Reading Review and Reversal of Patent Refusal Orders by the Madras High Court

February 21, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 522Views 0Like

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Can you revive abandoned/lapsed patents and patent applications in India?

A patent attorney’s job includes tracking and managing deadlines and schedules for each patent case that he or she handles. Every Indian patent has at least ten (10) deadlines on average, and a patent attorney managing a portfolio of one hundred patents must keep track of at least one thousand dates. Read More Continue Reading Can you revive abandoned/lapsed patents and patent applications in India?

October 31, 2022 IP AI Reporter Intellectual Property, Patents 0Comment 1878Views 0Like

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Role of ‘Intent’ in Reviving lost Patents and Patent Applications in India

One of the critical parts of a patent attorney’s work is the management of timelines and deadlines relating to patent files being handled by her/him. On an average, each patent file in India has at least ten (10) deadlines, and if a patent attorney has a portfolio of 100 patents, she/he is looking at at least 1000 dates to track. Read More Continue Reading Role of ‘Intent’ in Reviving lost Patents and Patent Applications in India

October 31, 2022 Dr. Kalyan C. Kankanala Intellectual Property, Patents 0Comment 1047Views 0Like

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Fast tracking #Patents in India: Join us on 23rd November, 2019, to discuss strategies for expediting #PatentGrants.

Indian Patent Grant in One Year? Join us for a Discussion on 23rd November

Over the last two years, the IPO has granted several patents in under a year from the date of filing. Some of these grants have been extensively reported, one article claiming a grant in just four and half months. Some of BananaIP's filings received grants within a year, but the shortest was about seven months for Evlogia. The speedy grants spell the beginning of a new era of a proactive patent office, which is today relatively more transparent and organised…

November 8, 2019 BananaIP Reporter Intellectual Property, IP Training 0Comment 1158Views 0Like

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Patentability Requirements in India

The requirements for patentability of inventions can be considered as one of the most important parts of patent law. They form the basis for grant of a patent, scope of protection, and patent validity, among others. At a general level, they influence the efficiency of the patent system in achieving its objectives of promoting scientific and technological progress, economic/industrial growth and public benefit. Owing to their value, they may be termed as essential parts of the patent machinery. If they…

September 23, 2019 Dr. Kalyan C. Kankanala Intellectual Property, Patents 0Comment 10281Views 0Like

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Shouldn’t a Request for Prioritized Examination be Given Priority?

This post was published on September 17, 2014. All applicants have a desire that their patent applications get prosecuted faster and their patents get a grant on priority, however, such desires are seldom fulfilled. Blame it on the backlog, if you will, and several other reasons for the delay, but patent applicants have to wait more than 3 years to get their patents granted. Empathizing with the concerns of the applicant, several patent offices have devised procedures to expedite…

August 7, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 809Views 0Like

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Post-dating Patent Applications: Frisk it Before You Risk it!

This post was published on August 08, 2014. Our previous article on post-dating exposed the risks involved in the shifting ahead of the priority date of an application. The risk of losing priority can cost you dearly. Today's post, however, unravels the puzzling question of how to claim priority even from a post-dated application! We are aware that most applicants tend to post-date a provisional application as the deadline to file a non-provisional application (or complete application, in some jurisdictions) approaches,…

August 6, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1252Views 0Like

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Celebrating 20 Years of IP Excellence

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

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

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

Review and Reversal of Patent Refusal Orders by the Madras High Court

Can you revive abandoned/lapsed patents and patent applications in India?

Role of ‘Intent’ in Reviving lost Patents and Patent Applications in India

Indian Patent Grant in One Year? Join us for a Discussion on 23rd November

Patentability Requirements in India

Shouldn’t a Request for Prioritized Examination be Given Priority?

Post-dating Patent Applications: Frisk it Before You Risk it!

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