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Patent

Patenting Nonliving And Living Things: Tale Of Two Appeals

July 10, 2024 LexOrbis Articles, Patent
Patenting Nonliving And Living Things: Tale Of Two Appeals

Section 3(c) exception to patent eligibility is reaching out to the discovery of all living things and nonliving things occurring in nature as […]

Bifidobacteria Breakthrough: Delhi High Court’s Landmark Ruling in Alimentary Health Limited Case

July 3, 2024 LexOrbis Articles, Patent
Bifidobacteria Breakthrough: Delhi High Court’s Landmark Ruling in Alimentary Health Limited Case

In a significant ruling, the High Court of Delhi pronounced judgment in the case of Alimentary Health Limited versus the Controller of Patents […]

Serendipitous Invention – Vulcanisation of Rubber

July 2, 2024 LexOrbis Patent, Articles
Serendipitous Invention - Vulcanisation of Rubber

Introduction: The Three Princes of Serendip, where Serendip is the Classical Persian name for Sri Lanka, is a fairy tale in which the […]

Remedy Available to Pre-grant Opponent after Rejection of the Opposition: A Case Study

July 2, 2024 LexOrbis Articles, Patent
Remedy Available to Pre-grant Opponent after Rejection of the Opposition: A Case Study

A Pre-grant patent opposition proceeding provides a kind of check and balance in refining the quality of patents being granted. Some of the […]

The Legal Challenges in Software Inventions: Insights into Section 3(k) of Indian Patents Act, 1970

July 2, 2024 LexOrbis Articles, Patent
The Legal Challenges in Software Inventions: Insights into Section 3(k) of Indian Patents Act, 1970

The Delhi High Court, in Microsoft Technology Licensing, LLC vs Assistant Controller Of Patents And Designs [C.A.(COMM.IPD-PAT) 185/2022] appeal case examined the importance […]

Refusal of patent over changing scope of claims

July 1, 2024 LexOrbis Articles, Patent
Refusal of patent over changing scope of claims

In the case of Ovid Therapeutics, Inc v Assistant Controller of Patents and Designs, Delhi High Court held that a patent application was ineligible […]

Patent Eligibility of Composition Claims under Section 3(i)

June 29, 2024 LexOrbis Articles, Patent
Patent Eligibility of Composition Claims under Section 3(i)

Recently, the Delhi High Court in Bayer Pharm Aktiengesellschaft (“appellant”) v Controller General of Patents (“respondent”) [2024:DHC:2395] elucidated the role of working examples […]

Ascertaining the Scope of Claim Construction for Resolving Patent Infringement Suit

June 26, 2024 LexOrbis Articles, Patent
Ascertaining the Scope of Claim Construction for Resolving Patent Infringement Suit

On May 8, 2024, in the case of Guala Closures Spa (“plaintiff”) and Agi Greenpac Limited (“defendant”), the single Judge of the Delhi […]

Analysing WIPO’s Landmark Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge

June 22, 2024 LexOrbis Articles, Patent
Analysing WIPO’s Landmark Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge

On May 24, 2024, the World Intellectual Property Organization (WIPO) approved the Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge during […]

Analysis of the Madras High Court Judgment in Pinnacle Engines Inc. vs Assistant Controller of Patents & Designs

June 19, 2024 LexOrbis Articles, Patent
Analysis of the Madras High Court Judgment in Pinnacle Engines Inc. vs Assistant Controller of Patents & Designs

The contribution of the Intellectual Property Divisions of the High Courts in the fast-paced evolution of the IP framework of the country has […]

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