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Continue reading →: Confidentiality Clubs, Redaction, and FRAND in SEP Disputes: Delhi High Court’s Ruling in Nokia vs Asus, Acer & Hisense
The Delhi High Court, in its common judgement dated September 22, 2025, in Nokia Technologies OY vs Asustek Computer Inc. & Anr., Nokia Technologies OY vs Acer Inc. & Anr., and Nokia Technologies OY vs Hisense Group & Anr. [CS(COMM) 643/2025, 644/2025, 645/2025; 2025:DHC:8511], has delivered an important ruling on…
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Continue reading →: How Late Is Too Late to Seek Cross-Examination in Patent Opposition Proceedings?
By Jigyasa Pareek Under Indian patent law, a post-grant opposition can be filed under Section 25(2) of the Patents Act, 1970, within one year from the grant of a patent. This mechanism enables interested parties to challenge the validity of a granted patent before the Controller on grounds such as…
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Continue reading →: Salt on the Wound: Delhi High Court Affirms Broader Scope of ‘Comprising’ in Patent Claims
By Jigyasa Pareek In patent claim drafting, the term “comprising” carries significant weight. Courts across jurisdictions, including India, have recognised that “comprising” is an open-ended term it denotes that a claim includes the listed elements but does not exclude the presence of additional, unrecited elements. This contrasts with restrictive terms…
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Continue reading →: Stockpiling, Bolar Exemption, and Patent Infringement in E.R. Squibb vs Zydus
Section 48 of the Patents Act, 1970, provides patentees the right to exclude others from making, using, selling, offering for sale, or importing the patented product or process without the patentee’s authorization. This right, however, is not absolute. Section 107A, commonly referred to as the Bolar Exemption, serves as a…
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Continue reading →: Mere Noting of Submissions Is Not Enough: Controller Must Record Findings in the Operative Portion of the Order
In Bigtech Pvt. Ltd. vs The Assistant Controller of Patents and Designs [(T)CMA(PT) No.107 of 2023], the Madras High Court set aside the order refusing patent application number 625/CHE/2011, entitled “Nucleotide Sequences, Reaction Mixture, Method and Kit Thereof”, and remanded the matter to the Patent Office for reconsideration. The subject…
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Continue reading →: Madras High Court Clarifies the Scope of Section 3(i): Exception to Methods of Treatment of Animals to Increase their Economic Value
By Jigyasa Pareek In Kemin Industries Inc. vs The Controller of Patents [CMA(PT) No.46 of 2024], the Madras High Court set aside the refusal of patent application number 201617013577, entitled “Use of Ferulic Acid Esterase to Improve Performance in Monogastric Animals”, and directed that the application be granted. The Controller…
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Continue reading →: Backlash on Backlash: Court Rejects Patent Office’s Superficial Obviousness Analysis
Recently, the Madras High Court in TVS Motor Company Limited vs The Assistant Controller of Patents and Designs [C.M.A.(PT). No.42 of 2024, decided dated June 5, 2025], reiterated the standards required in an obviousness analysis under patent law. The Court held that when examining whether an invention is obvious, it…
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Continue reading →: Sections 59 and 2(1)(ja) Objections Lose Force as Madras High Court Restores Original Patent Claims
In its recent decision, in Srinivas Jegannathan vs Controller of Patents and Designs [(T)CMA(PT)/38/2023], the Madras High Court set aside the order passed by the Controller in patent application number 122/CHE/2006, entitled “Formulation of Ceftazidime, Tazobactum and Linezolid for Enhancement of Antibacterial Activity“, and remanded the application to the Patent…
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Continue reading →: Reliance on New Prior Arts in Refusing a Patent Application Violates Principles of Natural Justice
The Delhi High Court, in Croda Inc. vs Controller of Patents [(C.A.(COMM.IPD-PAT) 490/2022; 2025:DHC:6925; decision dated on August 4, 2025], dealt with an appeal arising from the refusal of Croda’s patent application number 1432/DELNP/2013 entitled “Agrochemical Adjuvants and Formulations”. The subject application aimed to address the antagonistic effects between selective…
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Continue reading →: From Approval to Refusal: Patent Law, Brought to You by Gmail
The Madras High Court, in its decision dated August 12, 2025, in Natural Medicine Institute ofZhejiang Yangshengtang Co. Ltd. vs Deputy Controller of Patents and Designs & Anr. [(T)CMA (PT) No.171 of 2023], examined the refusal of Indian Patent Application No. 6275/CHENP/2011 entitled “A Mordant and Hair Coloring Products Containing…
