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Patent

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

March 21, 2026 LexOrbis Patent, Articles
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 […]

3T’s Of Computer-Related Inventions And Beyond: Analysis Of Section 3(k) Of The Patents Act, 1970

January 24, 2026 LexOrbis Articles, Patent
3T's Of Computer-Related Inventions And Beyond: Analysis Of Section 3(k) Of The Patents Act, 1970

The jurisprudence regarding the interpretation of exclusions defined under Section 3(k) of the Patents Act, 1970, which was amended in 2002, is currently […]

Hoffmann Test For Assessing Inventive Step Applied: Appeal Dismissed By Delhi High Court

January 13, 2026 LexOrbis Articles, Patent
Hoffmann Test For Assessing Inventive Step Applied: Appeal Dismissed By Delhi High Court

In Amylin Pharmaceuticals LLC & Anr. vs Assistant Controller of Patents (C.A.(COMM.IPD-PAT) 76/2022), the Delhi High Court upheld the refusal of a patent […]

Interpreting The Reach Of Diagnostic Process: Delhi High Court Affirms Controller’s Refusal Of Patent Under Section 3(i)

January 13, 2026 LexOrbis Articles, Patent
Interpreting The Reach Of Diagnostic Process: Delhi High Court Affirms Controller's Refusal Of Patent Under Section 3(i)

The conservative approach of the Indian Patent Office in refusing the diagnosis patents application under Section 3(i) has come under judicial scanner multiple […]

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