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Continue reading →: Madras High Court Clarifies Scope of Section 3(k) of The Patents Act in Tekelec vs Controller of Patents
The Madras High Court has once again weighed in on the scope of Section 3(k) of the Patents Act, 1970, which excludes a mathematical or business method or a computer programme per se or algorithms from patent protection. In its recent decision in the case of Tekelec Inc. vs The…
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Continue reading →: Madras HC Restores Patent Application: Failure to Timely Notify Delay Cannot Prejudice Applicant
In AMST – Systemtechnik GMBH vs Government of India & Ors. [W.P.(IPD)No.2 of 2025], the Madras High Court set aside the Patent Office’s decision of treating patent application number 3022/CHENP/2011 as withdrawn under Section 11B(4) of the Patents Act, 1970, read with Rule 24B of the Patent Rules, 2003, due…
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Continue reading →: Appeal Maintainable Under Section 117A of the Patents Act if Review Decision Results in Order-in-Original Under Section 15
The Madras High Court recently delivered its judgement in the appeal filed by Caleb Suresh Motupalli, in Caleb Suresh Motupalli vs Controller of Patents [C.M.A. (PT) No. 2 of 2024]. The appeal challenged the order passed by the Controller in the review petition filed by the Appellant under Section 77(1)(f)…
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Continue reading →: Madras High Court Entertains Writ Despite Alternate Remedies Available, But Patent Grant Left Intact Due to Nearing Expiry
In the case of Adiuvo Diagnostics Private Limited vs Union of India & Ors. [W.P.(IPD)No.23 of 2023], the writ petitioner, Adiuvo Diagnostics, challenged the order passed by the Controller of Patents granting patent number 439474 to University Health Network for the invention titled “Device and Method for Fluorescence-based Imaging and…
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Continue reading →: Unfair Delays, Unjust Rejection: Calcutta High Court Overturns Arbitrary Patent Rejection
The Calcutta High Court, in the appeal of BASF SE vs Joint Controller of Patents and Designs & Ors. [IPDPTA/5/2024], noted that delay in the patent prosecution constitutes violation of the principles of natural justice. The Court remarked that the delay in the instant case was so obvious “that the…
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Continue reading →: Delhi High Court’s Insights on Patent Invalidity under Section 107 vs Revocation under Section 64
By Jigyasa Pareek The Delhi High Court, on January 15, 2025, delivered a judgment in the case of Macleods Pharmaceuticals Ltd. vs The Controller of Patents & Anr. [C.O.(COMM.IPD-PAT) 38/2022] addressing two key issues: (i) maintainability of a revocation petition when the petitioner has already raised a defence of invalidity…
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Continue reading →: Idemia’s Patent Application Remanded
On November 12, 2024, the Madras High Court delivered its decision in the case Idemia Identity & Security France vs The Controller General of Patents [(T) CMA (PT) No.198 of 2023], remanding the patent application for re-consideration after quashing the impugned order passed by the Controller. The Appellant, Idemia, had…
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Continue reading →: Key Highlights of the Amended Biological Diversity Rules, 2024 and the Amended Biological Diversity Act, 2023
The Biological Diversity (Amendment) Act, 2023, which came into force on April 1, 2024, introduced notable alterations to the Biological Diversity Act, 2002. In furtherance to it, on October 25, 2024, the Ministry of Environment, Forest and Climate Change notified the Biological Diversity Rules, 2024, which will supersede the Biological Diversity…
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Continue reading →: Delhi High Court emphasizes on examination of ‘Business Method’
The Delhi High Court, on November 12, 2024, in the case of Comviva Tech Ltd vs The Assistant Controller of Patents & Designs [CA COMM IPD PAT 492/2022, 2024:DHC:8990], set aside the order of the Controller refusing Comviva’s patent application. Comviva’s patent application number 201611000234, entitled “Methods and Devices for…
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Continue reading →: Revisions in the Plant Variety Registration Process in India
The Public Notice (No. 11 of 2024) issued by the Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Authority on January 1, 2025, effective from the same date, introduces significant revisions to the plant variety registration process in India. These changes aim to improve the efficiency and transparency of the…
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