Section 3(d) 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 454Views 3Likes

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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 402Views 2Likes

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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 651Views 0Like

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Cancerous Battle: Novartis and NATCO clash over Eltrombopag

In a landmark decision, the Delhi High Court overturned an injunction against Natco, allowing them to produce a generic version of Novartis’s cancer drug. The Court held that Novartis’s patent on a specific salt form of the drug (ELT-O) lacked novelty due to its coverage in an earlier patent (IN’176). Continue Reading Cancerous Battle: Novartis and NATCO clash over Eltrombopag

May 20, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 1198Views 2Likes

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Patentability and Section 3(d), History of Patent Law in India, Patentability of Imatinib Masylate in Beta Crystalline Form – Novartis Case Abridged by Dr. Kalyan C. Kankanala

This abridged version of the Novartis case was used by Dr. Kalyan C. Kankanala to explain to the students of UPES, the patentability requirements under the Patent Law and the significance of Section 3(d) under the Patents Act. This abridged document was provided to the B.tech - LLB students at UPES School of Law as part of the Patent Law and Practice Program being taught by the BananaIP Team. The Novartis case has been abridged to suit the discussion in the class, and to…

October 31, 2017 BananaIP Reporter Intellectual Property, Patents 0Comment 797Views 0Like

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The featured image shows the word patent written in blue on a white background. The post is about the latest Patent updates. To know more, please click here.

Patent News

Hello Readers!! There has been a lot that has been brewing over the past few weeks with respect to Patents. We have decided to recapitulate the patent news which have recently hit the headlines in our segment, Weekly Trends. Let us take a quick look at what happened in the past weeks, with this weekly update. Dyson is coming to India! Dyson Ltd. a well-established UK-based Technology company will be entering India with its wide range of patented products next year…

November 22, 2016 BananaIP Reporter Intellectual Property, Patents 0Comment 709Views 0Like

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The featured image shows the figure of a woman teaching. This post is about the governments decision to allow US trained patent examiners to examine indian patent applications. to read more click here

Government Bats for US trained Patent Examiners

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…

March 31, 2016 BananaIP Reporter Intellectual Property, Patents 0Comment 706Views 0Like

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Pfizer files for Patent on Known Substance

This is in furtherance of Gaurav's post with respect to refusal of Pfizer Patent by the Indian Patent Office. I do not wish to repeat the facts or reiterate the order. However, I would like to bring forth one aspect of the order that seems to contradict the Novartis decision of the Supreme Court. In the Novartis case, the Supreme Court clearly laid down that assessment of subject matter and novelty/inventive step cannot be merged, and they are two segregate…