The cardinal principle to seek a grant of a patent primarily rests on the premise of ‘quid pro quo’. A patent right is […]
Lack of Adequate Directions to Work Invention Leads Delhi High Court to Uphold Patent Rejection
Patent
Failure to Examine All Grounds of Objection Leads Delhi High Court to Set Aside Patent Refusal
The Delhi High Court has once again stressed that a patent refusal order should address all grounds of objection raised in the hearing […]
Failure to Examine Process Claims Leads Delhi High Court to Remand Matter to the Patent Office
A patent application must be examined with reference to the complete set of claims presented by the applicant. This requirement assumes particular importance […]
Failure to Apply ‘Hoffmann Test’ and Non-Communication of Objections: Bombay High Court Remands Patent Refusal Order
In an appeal in Navya Network Inc vs Assistant Controller Of Patents And Designs [Commercial Miscellaneous Petition (L) No. 15327 of 2025] on […]
Refusal of Patent Without Reasoning is Unsustainable in Law: Delhi High Court Decides
The refusal of a patent application by the Patent Office has come under the judicial scanner of the appellate courts in multiple instances. […]
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 […]