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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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Procedural Nuances in PatentOpposition: Rich Products Corporationvs. Tropilite Foods

Introduction The Indian Patents Act provides mechanisms for challenging patent applications both before and after a patent is granted in the form of pre-grant opposition, post-grant opposition, and revocation procedures. Rich Products Corporation (RPC) vs. Tropilite Foods Pvt. Ltd (TFPL) exemplifies the complexities and procedural nuances of these opposition mechanisms. This blog explores the significance […]
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Unraveling the Complexities of Product-By-Process Patent Claims: Insights from the Vifor vs. Dr. Reddy’s Case

Introduction A recent judgment by the Delhi High Court in Vifor International Ltd & Anr. vs Defendants has shed light on the intricate realm of product-by-process patent claims and their implications for patentability and infringement. Presently, as per practice guidelines followed by Indian Patent Office (‘IPO’) in prosecuting patent applications pertaining to ‘product-by-process’ claim, the […]
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Impact of the Draft Patents (Amendment) Rules, 2023 on the Pharmaceutical Sector and Public Health Safeguards

On August 25, 2023, the Indian Patent Office published the Draft Patents (Amendments) Rules, 2023, asking for feedback from various stakeholders. The Draft Rules propose several changes raising concerns about their potential impact on the Pharmaceutical Sector and public health standards. In this blog, we will closely examine these proposed amendments, focusing on key areas […]
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