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Continue reading →: LAW RELATING TO CLAIM AMENDMENT INTERPRETED IN LINE WITH THE INTERNATIONAL JURISPRUDENCE
In a landmark ruling in ALLERGAN INC versus THE CONTROLLER OF PATENTS, the Delhi High Court set aside an order of the Indian Patent Office rejecting a patent application on the ground that the claim amendments pertaining to claims directed to a method for treating an ocular condition which involves…
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Continue reading →: Division Bench of the Delhi High Court stays the order of the Single bench setting aside the grant of Novartis application
Vide an order dated 14th December 2022, the Controller of Patents and Designs, allowed Indian Patent Application no. 4412/DELNP/2007, filed by Novartis AG covering its heart failure drug Vymada. Ten Pre grant Oppositions were filed during the pendency of the said application. One of the Opponents was Natco Pharma Ltd.…
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Continue reading →: Amicus Curiae appointed by DHC to determine issues relating to patentability under ection 3(i) of the Patents Act
The Delhi High Court (DHC), has appointed an Amicus Curiae to determine issues relating to patentability under ection 3(i) of the Patents Act. To decide two appeals filed by, SEQUENOM INC & ANR., and EMD MILLIPORE CORPORATION, the Court has appointed an Amicus Curiae. Both the appeals require adjudication qua Section…
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Continue reading →: As per the DHC – “Simplicity does not defeat an invention”
An appeal filed by the Appellant, Avery Dennison Corporation against an order dated 12th August, 2021 of the Controller General of Patents and Design, has been allowed by the Delhi High Court (DHC) and a patent granted. The impugned order refused the application for grant of a patent titled ‘Notched…
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Continue reading →: Notices issued by the Patent Office
The Controller General of Patents, Designs & Trade Marks issued three Public notices dated 26th December 2022. The First notice, is relating to the adjournment requests being filed by the applicant, and specifies that, the Patent Agents, when requesting for adjournment of hearing under rule 129A of the Patents Rules,…
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Continue reading →: Merely specifying the objection of Section 3(d), without providing the manner in which the said objection is attracted is not enough
An appeal filed on behalf of the Appellant – DS Biopharma Limited, under Section 117A of the Patents Act, 1970, challenging the order dated 13th January, 2021 passed by the ld. Assistant Controller of Patents has been allowed. The claims refused by the Controller were as follows:- “1. A composition…
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Continue reading →: Completely unreasoned order of the Controller which did not discuss reasons for lacking inventive step set aside by the DHC
The appellant- Gogoro Inc. filed an appeal before the Delhi High Court (DHC) challenging the impugned order dated 8th August, 2021 passed by the ld. Asst. Controller of Patents. Vide the impugned order, the Appellant’s application bearing no. 1312/DELNP/2014 for an invention titled “APPARATUS, METHOD AND ARTICLE FOR AUTHENTICATION, SECURITY…
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Continue reading →: Writ not maintainable as petitioner has already availed of an alternative remedy of filing Post-grant Opposition
A writ petition filed for quashing of the impugned order dated 20th July 2020 passed by the Deputy Controller of Patents and Designs in Pre-Grant Opposition filed by the petitioner, HARYANA PESTICIDES MANUFACTURES ASSOCIATION against application for grant of patent titled “Novel Fungicidal Composition”, filed by respondent, WILLOWOOD CHEMICALS PRIVATE…
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Continue reading →: DHC lays down twin conditions under Section 16 of the Patents Act for filing of a divisional application
An appeal challenging the order of the Controller of Patents vide which the divisional application of the Novartis AG, the Appellant, being 7863/DELNP/2014 was rejected has been allowed by the Delhi High Court (DHC) and the order of the Controller set aside. The divisional application was refused by the Controller…
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Continue reading →: A divisional application cannot claim what was not originally claimed in the parent application
An appeal arising out of the order dated 25th March, 2022 by which the Controller of Patents had rejected the request of the Appellant/Applicant for pursuing a divisional application bearing no.20178031279 has been rejected by the Hon’ble Delhi High Court. The Applicant had filed a National Phase PCT Application on…
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