Patent Examination and Pre-Grant Opposition are independent processes, says the Delhi High Court
In an appeal filed by Novartis from the decision of a Single Judge, the Division Bench of the Delhi High Court considered if a pre-grant opponent would have the right to participate and get a hearing with respect to amendments made by the patent applicant based on directions of the Controller of Patents. The pre-grant oppositions in the case were filed by NATCO and several others, and…
India has seen a lot of chaos in the field of IP within the last decade. From amendments to draft amendments and propositions to impositions, IP in India has seen it all. In the past year alone we have witnessed 3 major amendments being proposed to the Patents Act and Rules and Trademark rules. Further, we have had several major discussions including discussions on the IPR policy for India, guidelines for examination of patents, software patents, etc.
The trend…
Rejections under this clause are based on the fact that claims do not fall within one of the four statutory categories of acceptable subject matters: process, machine, article of manufacture, or composition of matter.
One of the ways to overcome this type of rejection is by claiming an invention by properly reciting the subject matter. In the automobile industry, the claims must satisfy process, machine, and manufacture categories.
Example: A method for enabling anti-lock braking in a vehicle…