Patent Refusal Archives

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

December 3, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 448Views 3Likes

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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 570Views 3Likes

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Section 3(j), Essentially biological processes and human intervention

The Madras High Court remanded Sakata Seed Corporation’s patent application, focusing on the human intervention in biological processes under Section 3(j). The Court found that the Applicant’s arguments regarding human intervention were not sufficiently addressed by the Patent Office, leading to a fresh review of the case. Continue Reading Section 3(j), Essentially biological processes and human intervention

September 17, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 537Views 4Likes

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A doped order on method of doping, court clarifies

The Madras High Court confirmed the Patent Office’s rejection of IIT Madras’s patent for a method of doping potassium into ammonium perchlorate. The Court agreed with the rejection based on Sections 3(d) and 2(1)(ja) of the Patents Act, but noted procedural shortcomings in the handling of the case. Continue Reading A doped order on method of doping, court clarifies

August 20, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 399Views 2Likes

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Green Cross Crosses court’s bridge to win appeal

The Madras High Court has revoked the refusal of Green Cross’ patent application for a Hepatitis B immunoglobulin agent, citing errors in the Controller’s analysis. The court has remanded the matter to the patent office for a fresh examination, ordering a review of the claims within four months. Continue Reading Green Cross Crosses court’s bridge to win appeal

August 15, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 342Views 0Like

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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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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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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 648Views 0Like

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Transparency Triumphs : Patent Refusals must elucidate clear grounds

The Delhi High Court recently ruled in favor of Calm Water Therapeutics LLC, highlighting the importance of transparent reasoning in patent refusal decisions. The Court’s observations underscored flaws in the Controller’s assessment, emphasizing the necessity of comprehensive reasoning behind such refusals. Continue Reading Transparency Triumphs : Patent Refusals must elucidate clear grounds

May 14, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 501Views 1Like

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This image contains the following text: Mitsui Chemicals Inc. vs Controller of Patents. Section 3(h), Procedural adherence and Patent refusal.

Delhi High Court reverses Patent refusal, Highlights significance of procedural adherence in handling claims of PCT National phase applications.

The Delhi High Court, in a recent decision dated February 23, 2024, in Mitsui Chemicals Inc. vs Controller of Patents, overturned the patent refusal order issued by the Controller in respect of patent application No. 3877/DELNP/200. This decision underscores the significance of procedural adherence, especially in handling of claims during the national phase entry of PCT applications. Background/Facts Mitsui Chemicals (the Appellant) filed a PCT national phase application titled "Plant Disease and Insect Damage Control Composition and Plant Disease and Insect…

April 3, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 728Views 0Like

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Celebrating 20 Years of IP Excellence

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

Blackberry blacks out in case relating to patentability of algorithmic processes

Section 3(j), Essentially biological processes and human intervention

A doped order on method of doping, court clarifies

Green Cross Crosses court’s bridge to win appeal

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

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

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

Transparency Triumphs : Patent Refusals must elucidate clear grounds

Delhi High Court reverses Patent refusal, Highlights significance of procedural adherence in handling claims of PCT National phase applications.

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