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PATENTS REWIND : AN ANAND AND ANAND BLOG
Category:
Appeal
As per the DHC – “Simplicity does not defeat an invention”
Merely specifying the objection of Section 3(d), without providing the manner in which the said objection is attracted is not enough
Completely unreasoned order of the Controller which did not discuss reasons for lacking inventive step set aside by the DHC
DHC lays down twin conditions under Section 16 of the Patents Act for filing of a divisional application
A divisional application cannot claim what was not originally claimed in the parent application
Writ allowed and matter remanded back for reconsideration by the Controller as Court found violation of principles of natural Justice
Court directs Patent office to reconsider a patent application that was refused based on examination of unamended claims
Benefit of Section 107A extended to SMS Pharmaceuticals
The order revoking Pharmacyclics LLC’s patent covering IBRUTINIB, set aside by the IPAB
Importance of Opposition Board and Opposition Board recommendation reinstated by the IPAB
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