The refusal of a patent application by the Patent Office has come under the judicial scanner of the appellate courts in multiple instances. […]
Refusal of Patent Without Reasoning is Unsustainable in Law: Delhi High Court Decides
Patent
Reliance on Uncommunicated Objections Renders Refusal of Patent Procedurally Infirm: Delhi High Court Concludes
While allowing the appeal in Wirtgen GmbH vs Controller General of Patents, Designs and Trademarks & Ors. [C.A.(COMM.IPD-PAT) 306/2022, March 23, 2026], the […]
Bombay High Court Directs Reconsideration of Patent Application Due to Lack of Sufficient Reasons for Refusal
The rejection of the patent application No. 202221047021 for “A Syringe with Breakable Plunger” by the Assistant Controller of Patents and Designs came […]
Calling Non-Consideration of Amended Claims a Glaring Error, Delhi High Court Sets Aside Refusal of Patent
The opportunity to amend the claims to meet the requirements of the Patents Act, as raised by the Controller, gives the applicant a […]
Section 4 Refusal of Patent ‘Sans Raison’ Set Aside by the Bombay High Court
Making the writ petition absolute, the Bombay High Court set aside the impugned order passed by the Deputy Controller of Patents and Designs […]
Infringement Analysis Based on Characterised Part of Claim Not Justified: Division Bench Stays Interim Injunction Order
The appellate court, as a principle, is not justified in interfering with the exercise of discretion under appeal solely on the ground that […]
Synergy Test Unmet: Delhi High Court Upholds Rejection of Herbicidal Composition Patent
Every patent application claiming a composition of known ingredients must climb over the synergy cliff to qualify for the grant of a 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
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’
The Delhi High Court once again found flaws in the process of determining inventive step in yet another appeal against the refusal of […]