Patent Law Archives

Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiterates

The Delhi High Court overturned the Deputy Controller’s decision rejecting Axcess Limited’s patent application. The Court ruled that the amended claims were within the scope of the original application and remanded the case for fresh consideration, providing guidance on permissible amendments under the Patents Act, 1970. Continue Reading Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiterates

October 7, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 274Views 0Like

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Blackberry blacks out in case relating to patentability of algorithmic processes

This article analyzes India’s legal stance on the patentability of algorithmic processes under Section 3(k) of the Patents Act, 1970. Focusing on the Delhi High Court’s judgment in Blackberry Limited vs. Assistant Controller of Patents and Designs, the post explores key arguments, legal precedents, and implications for software patents in India. Continue Reading Blackberry blacks out in case relating to patentability of algorithmic processes

September 23, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 571Views 3Likes

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Computer Programs with Technical Effect such as enhancing speed and efficiency are patentable, reiterates the Delhi High Court

In an appeal decision, the Delhi High Court recently overturned the rejection of two patent applications filed by Ab Initio Technology LLC, concerning data processing methods. These applications, Nos. 6500/DELNP/2011 and 6501/DELNP/2011, were refused by the Assistant Controller of Patents and Designs on the grounds of non-patentability under Section 3(k) of the Patents Act, 1970, as they were deemed to be computer programs per se, and for failing to meet the criteria for divisional applications under Section 16(1). Ab Initio Technology…

August 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 520Views 1Like

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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 421Views 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 400Views 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 413Views 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 378Views 1Like

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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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Professor Jon M. Garon Scholarship for Aspiring Intellectual Property Attorneys with Disabilities – A Year of Progress

BananaIP Counsels is delighted to celebrate the one-year mark of a significant initiative: "The Professor Jon M. Garon Scholarship for Aspiring Intellectual Property Attorneys with Disabilities". This forward-thinking program aims to empower students from legal, scientific, and technological disciplines, who have disabilities, to venture into the dynamic domain of intellectual property law. Recipient of the First Year’s Scholarship: Mr. Masoom Reza is the first recipient of this scholarship. He has completed his BA (LLB) from Jamia Millia Islamia, New Delhi,…

June 19, 2023 BananaIP Reporter Intellectual Property, Press Release 0Comment 967Views 0Like

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Accelerate Your Patent Journey: Join BananaIP’s Discussion Forum on “Getting a Patent in One Year”

Join BananaIP Counsels’ discussion forum on ‘Getting a Patent in One Year’ for startups, SMEs, and innovators. Learn strategies to expedite patent grants in India and leverage IP for business growth. Register now! Continue Reading Accelerate Your Patent Journey: Join BananaIP’s Discussion Forum on “Getting a Patent in One Year”

April 19, 2023 BananaIP Reporter Intellectual Property, IP for Start Ups, Patents 0Comment 776Views 0Like

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Celebrating 20 Years of IP Excellence

Claim Amendments within the Scope of Patent Specification are Permissible, the Delhi High Court reiterates

Blackberry blacks out in case relating to patentability of algorithmic processes

Computer Programs with Technical Effect such as enhancing speed and efficiency are patentable, reiterates the Delhi High Court

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

Inventive Step Assessment: To be Anchored in Knowledge of a Person with Ordinary Skill on the Priority Date

Professor Jon M. Garon Scholarship for Aspiring Intellectual Property Attorneys with Disabilities – A Year of Progress

Accelerate Your Patent Journey: Join BananaIP’s Discussion Forum on “Getting a Patent in One Year”

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