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Introduction In a recent judgement dated May 14, 2024, in Alimentary Health Limited vs. Controller of Patents and Design[i], the Delhi High Court set aside a patent refusal order issued by the Indian Patent Office in respect of Indian patent application 3989/DELNP/2012, which had been denied, stating that the invention lacked an inventive step and […]

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 […]

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 […]

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 […]

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 […]

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 […]

On May 7, 2024, in the matter of Gunjan Sinha v. The Union of India (WPA No. 8691 of 2023), the High Court of Calcutta delivered a detailed verdict that upholds the constitutionality of Section 53 of the Indian Patents Act, 1970 (as amended in 2002) (hereinafter, “the Act”) and reaffirms the integrity of the […]

Introduction For the longest time in the history of the Indian patent system, there has been a lack of clarity on the pre-requisites for filing a divisional application. Whether it be the correct time to file a divisional application, the content of the divisional application, or the conditions under which a divisional application may be […]

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 […]