Month: June 2024

Amendments at PCT National Phase Entry: DHC in Mitsui Chemicals

Introduction In a recent judgment dated February 23, 2024, in Mitsui Chemicals Inc. vs Controller of Patents [1], the Delhi High Court set aside a patent refusal order issued by the Controller in respect of patent application No. 3877/DELNP/2009, which had been denied on the grounds of non-compliance with Sections 59 and Section 3(h) of the […]
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From Exhaustion to FRAND Rates: DHC’s InterDigital vs. Oppo Order

Introduction The High Court of Delhi recently issued a significant decision in the case of InterDigital Technology Corporation & Ors. vs. Guangdong Oppo Mobile Telecommunications Corp. Ltd. & Ors. [1], which has substantial implications for patent litigation involving Standard Essential Patents (SEPs) and the Fair, Reasonable, and Non-Discriminatory (FRAND) terms. It addresses critical issues such […]
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The High Stakes of Transparency: Lessons from Google’s Patent Setback in India

Introduction The recent judgment in Google LLC v. Controller of Patents [1] by the High Court of Delhi emphasizes the critical nature of transparency and full disclosure in patent applications. Centered around Google’s patent for “Managing Instant Messaging Sessions on Multiple Devices,” this case spotlights the stringent requirements of Section 8 of the Indian Patents […]
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Claim vs. Example: Insights from Bayer’sPatent Ruling

Introduction The Delhi High Court’s recent decision in Bayer Pharm Aktiengesellschaft v. The Controller General of Patents and Designs [1] reinforced the principle that the legal limits and scope of a patent are defined by its claims and not by the working examples provided in the application. This judgment is significant as it clarifies that […]
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