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Continue reading →: Tricky Timing Technicality: Divisional Application Filed on the Same Day as the Parent Patent Grant Maintainable
Recently, in BASF SE vs The Deputy Controller of Patents and Designs [C.M.A.(PT) No.38 of 2024, judgement dated November 28, 2024], the Madras High Court addressed an important issue regarding the timing for filing divisional applications under Section 16 of the Patents Act, 1970. Section 16 allows applicants to file…
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Continue reading →: Madras Court Demands Crystal Clarity: Overturns Unsubstantiated Refusal
The Madras High Court, on November 21, 2024, delivered its judgement in the appeal filed by Intervet, in Intervet International B.V. & Anr. vs Deputy Controller of Patents and Design [(T)CMA(PT) No. 119 of 2023], challenging the order passed by the Controller that refused their patent application number 449/CHENP/2010 on…
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Continue reading →: Madras High Court Remands TVS Motors’ Patent Application on Regenerative Braking System
The Madras High Court, in an appeal preferred by TVS Motors against refusal of their patent application number 202141013547, entitled “System for Selectively Operating Regenerative Braking in a Vehicle and Method thereof”, in TVS Motor Company Limited vs The Assistant Controller of Patents and Designs [CMA(PT) No. 8 of 2024],…
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Continue reading →: Madras High Court’s Ruling: Key Takeaways on Patent Inventiveness, Eligibility and Disclosure Under the Patents Act
In Versalis SPA vs The Assistant Controller of Patents [(T) CMA (PT) No.2 of 2024], pronounced on August 23, 2024, the Madras High Court evaluated patent application number 7854/CHENP/2011, entitled “A Process of Hydrolysis of Lignocellulosic Biomass”. The Controller had refused the application on several grounds including lack of inventiveness…
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Continue reading →: Madras HC Demands Clarity: Hendrickson’s Patent Application Remanded for a Fresh Look at Inventive Step
On August 27, 2024, the Madras High Court delivered its judgement in Hendrickson USA, L.L.C. vs Controller of Patents and Designs(CMA(PT)/37/2023). The case revolved around the Appellant’s patent application number 2621/CHENP/2015, entitled “Axle Mount For Heavy-Duty Vehicle Brake System Components,” which was refused by the Controller for lacking novelty and…
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Continue reading →: Madras High Court Analyses Section 3(k)
In an era marked by rapid technological advancement, inventions are emerging at an unprecedented pace. Patents serve a critical role in this dynamic landscape by protecting the rights of inventors and ensuring that they receive fair return on their intellectual, financial and temporal investments. However, the scope of what can…
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Continue reading →: Delhi High Court Restores Patent Application Earlier Deemed Withdrawn Owing to Agent’s Negligence
The Delhi High Court, in its decision in the case of Bry-air (Asia) Pvt. Ltd. vs Union of India [W.P.(C)-IPD 17/2024, 2024:DHC:7431, judgement dated September 26, 2024], underscored that abandonment of a patent application per se ought not to be presumed without examining the Applicant’s intent. The Court exercised its…
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Continue reading →: Madras High Court Clarifies Non-Murine Antibodies Do Not Qualify as Products of Animals Under Section 3(i) of the Patents Act
In the case of Kymab Limited vs The Assistant Controller General of Patents, Designs & Trademarks & Anr. [(T) CMA(PT) No. 200 of 2023, judgement dated September 26, 2024], the Madras High Court allowed the Appellant’s prayer to overturn the refusal of their patent application number 10716/CHENP/2012 entitled “Animal Models…
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Continue reading →: Novelty and Inventive Step Affirmed: Madras High Court Allows Bayer’s Long-Chain Inulin Patent
In the case Bayer Cropscience AG vs The Assistant Controller of Patents and Designs [(T) CMA (PT) No. 219 of 2023], decided by the Madras High Court on September 6, 2024, Bayerchallenged the refusal of their patent application number 4574/CHENP/2007, entitled “Long-Chain Inulin”, on the grounds of lack of novelty…
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Continue reading →: Biotyx Medical’s Patent Application Returns for Reassessment Following Delhi High Court’s Decision
The Delhi High Court delivered its judgement in the case of Biotyx Medical (Shenzhen) Co. Ltd. vs The Assistant Controller of Patents[C.A.(COMM.IPD-PAT) 403/2022, 2024:DHC:7217, judgement dated September 20, 2024], setting aside the order passed by the Controller in patent application number 201817029244, entitled “Absorbable Iron-Based Alloy Implantable Medical Device”. The…
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