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Continue reading →: Misrepresentation of Material Facts in Patent Infringement Suit: Insights from Delhi High Court’s Division Bench
The Delhi High Court’s Division Bench, on January 31, 2024, dismissed the Intra Court Appeal in Freebit AS vs Exotic Mile Pvt. Lld. [FAO(OS) (COMM) 15/2024 and CAV 43/2024 and CM Nos. 5698/2024, 5699/2024 & 5700/2024] upholding the Single Judge’s judgment that dismissed the appellant’s application for an interlocutory injunction…
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Continue reading →: Inventive Step in Formulations of Microbial Strains: Insights from Delhi High Court
In the realm of Patent law, once the novelty of an invention is established, the next hurdle in the patenting process is assessing whether there is an inventive step, also known as non-obviousness. The assessment of inventive step involves determining whether the invention, when compared to the prior arts, would…
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Continue reading →: Opposition Board Recommendations Issued in Breach of the Patents Rules are Subject to Judicial Scrutiny
The Opposition Board’s Recommendations (OBR) hold a significant role in the post- grant opposition proceedings against any granted patent. Section 25(3)(b) of the Patents Act, 1970, read with Rule 56 of the Patents Rules, 2003, mandates the Controller to constitute an Opposition Board on the receipt of the notice of…
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Continue reading →: Amendments under Section 59 of the Patents Act
In its decision in Mitsui Chemicals Inc v Controller of Patents, dated February 23, 2024, the Delhi High Court set aside the order of the Controller of Patents in PCT national phase application number 3877/DELNP/2009. The impugned order held the claimed invention non-patentable under Section 3(h) and disallowed the amended…
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Continue reading →: Patent Eligibility and Recitation of Concentration in Composition Claims : Delhi High Court’s insights on applicability of Section 3(i)
The Delhi High Court’s decision of March 13, 2024, in the case of Bayer Pharma Aktiengesellschaft vs the Controller General of Patents and Designs (C.A.(COMM.IPD-PAT) 255/2022), accentuated that the mere recitation of the unit numbers/concentration of ingredients of a composition in patent claims cannot disqualify the invention from patent eligibility…
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Continue reading →: Ministry of Commerce and Industry publishes Patents (Amendment) Rules 2024
The Ministry of Commerce and Industry published the Patents (Amendment) Rules 2024 on 15th March 2024. Some of the salient changes introduced by the Amendment Rules include:
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Continue reading →: Section 3(c) of Patents Act Redefined by Madras High Court- Deviates from Delhi High Court’s Interpretation
In two recent judgments, Imclone LLC V. Assistant Controller of Patents and Designs and Genmab A/S V. Assistant Controller of Patents and Designs, both dated 06.03.2024, the Madras High Court delved into the nuances of section 3(c) of the Patents Act, 1970, particularly exploring the extent of application of the…
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Continue reading →: Madras High Court Clarifies What Qualifies as a Known Substance Under Section 3(d) of the Patents Act
AbbVie’s patent application number 7096/CHENP/2015 was refused by Controller of Patents on the grounds of lack of inventive step and non-patentable subject matter under section 3(d) of the Patents Act. AbbVie challenged the order refusing grant of their application by way of an appeal before the IPAB (Intellectual Property Appellate…
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Continue reading →: Draft IPD Rules released by the Hon’ble High Court at Calcutta
The Hon’ble High Court at Calcutta on 19.12.2023 released a draft of the Intellectual Property Rights Division Rules of the High Court at Calcutta. Comments and suggestions have been invited from the members of the Bar and stakeholders by 05.01.2024 through email at calhc.registrarcc@gmail.com
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Continue reading →: HAVELLS INDIA LIMITED Vs. POLYCAB INDIA LIMITED – 6th December 2023
CS(COMM) 421/2023, I.A. 11325/2023, I.A. 17900/2023 & I.A. 18703/2023 The plaintiff alleged piracy of their three registered designs pertaining to ceiling fans – the ENTICER, BIANCA ART and BIANCA ART – SANGANER models, called 2016, 2021 and 2022 suit designs, respectively. Earlier, the Court vide order dated 2 June 2023,…
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