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Continue reading →: Failure to seek foreign filing clearance for patent of addition application not a contravention of Section 39
In its decision dated 28.09.2023 in Selfdot Technologies (OPC) Pvt. Ltd. v. Controller General of Patents, Designs & Trade Marks (T)CMA(PT)/61/2023, the Madras High Court has held that the failure to seek a foreign filing license (FFL) in respect of a patent of addition did not amount to contravention of…
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Continue reading →: Draft Amendment to Patent Rules 2023 published
The Draft Amendment to Patent Rules to further amend the Patents Rules, 2003 have been published. Objections or suggestions, regarding the Draft Rules, can be addressed to the Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India. They can also be shared…
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Continue reading →: MODIFYING DIVISIONAL PRACTICE: SECTION 16 OF THE INDIAN PATENTS ACT
In a recent order dated 27th July 2023, in Syngenta Limited versus The Controller of Patents & Designs, the Delhi High Court (DHC) examined the issues relating to maintainability of a divisional application filed under Section 16 of the Patents Act. The DHC expressed disagreement with the finding contained in…
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Continue reading →: Morepen Laboratories Ltd. injuncted from selling, offering for sale Saroglitazar Magnesium
Cadila Healthcare Ltd., in a suit for patent infringement in respect of Indian Patents bearing Nos. IN 299505 (‘505), IN 312723 (‘723) and IN 345194 (‘194) has been successful in obtaining an interim injunction against by M/s. Morepen Laboratories Ltd. IN’505 is a product patent. It claims Saroglitazar Mg. IN’723,…
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Continue reading →: Amendment patent application to be examined in a manner similar to the original application
An appeal under section 117A of the Patents Act, 1970 challenging an order dated 24 August 2022 passed by the Controller of patents rejecting Patent Application No. 201737035802 for an invention titled “CHARGING SYSTEM AND CHARGING METHOD, AND POWER ADAPTER” has been allowed by the Calcutta High Court. By the…
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Continue reading →: Algorithm executed in a pre-defined sequential manner on a conventional computing device does not necessarily imply lack of technical effect or contribution
In 2023, two appeals filed by Microsoft Technology have been decided by the Delhi High Court. The first appeal impugns order dated 05th March, 2012 passed by the Controller of Patents and Design whereby Indian Patent Application No. 487/DELNP/2006 titled as “ADVANCED BI-DIRECTIONAL PREDICTIVE CODING OF INTERLACED VIDEO” was rejected…
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Continue reading →: TTK PRESTIGE LTD Vs. KCM APPLIANCES PRIVATE LIMITED
The plaintiff, TTK PRESTIGE LTD, alleged piracy of their Design No. 324727-001, registered for a ‘Pressure Cooker with Container and Lid (Set) for Household’ by the defendant, KCM APPLIANCES PRIVATE LIMITED. The Court vide an order dated 13th April 2023 held that the design of the defendant’s pressure cooker, prima…
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Continue reading →: Madras High Court, second Court in the country with an IP Division
The Madras High Court is now the second Court in the country to have an IP Division, after the Delhi High Court. The Madras High Court Intellectual Property Division Rules, 2022 have been notified in the official gazette dated April 5, 2023. The notification comes after the directions of the Court…
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Continue reading →: A welcome order with regard to design registration of GRAPHICAL USER INTERFACE in India.
UST Global (Singapore) Pte Ltd Vs The Controller Of Patents And Designs And Anr The applicant (UST Global, Singapore) filed design application no. 298921 on October 30, 2017 for registration of a design titled “Touch Screen” for surface ornamentation which is a Graphical User Interface (GUI). The application was rejected…
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Continue reading →: Resorting back to the original claims is permissible under Section 59 of the Patents Act
An appeal against the order dated 29th December 2021 passed by the Assistant Controller of Patents and Designs, refusing the application for grant of patent application No. 201817040811 for an invention title “Composition for use in the Prophylaxis of Allergic Disease” has been allowed by the Delhi High Court and…
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