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Patent

Refusal Of Patent Without Adequate Reasoning Set Aside: Delhi High Court Remands Case For Fresh Consideration

March 21, 2026 LexOrbis Articles, Patent
Refusal Of Patent Without Adequate Reasoning Set Aside: Delhi High Court Remands Case For Fresh Consideration

Inadequate reasoning by the Controller in refusing a patent application has remained a matter of concern for courts in India in many appeals. […]

Delhi High Court Dismisses Appeal Against Refusal Of Smelling Disease Patent

March 21, 2026 LexOrbis Articles, Patent
Delhi High Court Dismisses Appeal Against Refusal Of Smelling Disease Patent

Soon after dismissal of an appeal against the rejection of a patent application on a diagnostic method in the ‘Natera Inc’ case [2025:DHC:8937], […]

Order For Refusal Of Patent Set Aside: Delhi High Court Directs Re-Consideration Of Inventive Step Using ‘Hoffman Test’

March 21, 2026 LexOrbis Articles, Patent
Order For Refusal Of Patent Set Aside: Delhi High Court Directs Re-Consideration Of Inventive Step Using 'Hoffman Test'

The Delhi High Court once again found flaws in the process of determining inventive step in yet another appeal against the refusal of […]

Employment Agreement Sufficient To Establish Right To Apply: Delhi High Court Directs Examination Of Application For Grant Of Patent

March 21, 2026 LexOrbis Articles, Patent
Employment Agreement Sufficient To Establish Right To Apply: Delhi High Court Directs Examination Of Application For Grant Of Patent

Resolving the conflicting opinions of different Controllers on the acceptance of Employer-Employee (EE) Agreement as a valid ‘proof of right’ to file a […]

Restoring Patent Application, Delhi High Court Directs Re-Examination Based on “Five-Step Hoffman Test”

March 21, 2026 LexOrbis Articles, Patent
Restoring Patent Application, Delhi High Court Directs Re-Examination Based on “Five-Step Hoffman Test”

Allowing another appeal against the refusal of patent application on the ground of lack of inventive step under Section 2(1)(ja) of the Patents […]

Section 3(d) Not Applicable to Multi-Component Compositions: Calcutta High Court Sets Aside Patent Refusal Order

March 21, 2026March 21, 2026 LexOrbis Articles, Patent
Section 3(d) Not Applicable to Multi-Component Compositions: Calcutta High Court Sets Aside Patent Refusal Order

Setting aside the order of refusal of a patent application directed towards a composition of PXD-101 (Belinostat), based on Section 3(d) of the […]

Injunction Without Product-to-Claim Mapping Overturned: Zydus Permitted to Sell Nivolumab

March 21, 2026March 21, 2026 LexOrbis Articles, Patent

The patent war between Bristol Myers Squibb (BMS) and Zydus on the Nivolumab patent held by BMS took a new turn when an […]

Non-Application of Doctrine of ‘Teaching Away’ Vitiates the Findings on Novelty/Inventiveness: Calcutta High Court Decides

March 19, 2026March 21, 2026 LexOrbis Articles, Patent
Non-Application of Doctrine of ‘Teaching Away’ Vitiates the Findings on Novelty/Inventiveness: Calcutta High Court Decides

By an order dated March 30, 2016, the Patent Office refused an application [1733/KOLNP/2008] filed by OCV Intellectual Capital LLC, with the subject […]

After patent refusal, Madras court allows prototype demo

February 20, 2026 LexOrbis Articles, Patent
After patent refusal, Madras court allows prototype demo

In Kannan Gopalakrishnan v Controller of Patents and Anr, a rejected applicant sought a high court order to overturn the dismissal of his claim […]

Delhi High Court Clarifies Standards For Assessing Inventive Step And Obviousness Before Patent Refusal

February 4, 2026 LexOrbis Articles, Patent
Delhi High Court Clarifies Standards For Assessing Inventive Step And Obviousness Before Patent Refusal

The decision of the Delhi High Court in Trident Limited vs Controller of Patents [C.A.(COMM.IPD-PAT) 162/2022] addresses a recurring issue in Indian patent […]

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Recent Posts

  • Startup Ecosystem – An Overlook at The Vibrant Ecosystem In India, Policy Landscape, Innovation, IP, Funding and Future Outlook March 28, 2026
  • Refusal Of Patent Without Adequate Reasoning Set Aside: Delhi High Court Remands Case For Fresh Consideration March 21, 2026
  • No Licence, No Performance: Bombay High Court Restrains Restaurants From Using Sound Recordings Without License March 21, 2026
  • Delhi High Court Dismisses Appeal Against Refusal Of Smelling Disease Patent March 21, 2026
  • Trademark Protection In Ayurveda: Delhi High Court Clarifies Deceptive Similarity And Dominant Features March 21, 2026

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