With multiple patent matters being remanded to the Patent Office, the question of what amounts to reopening the examination process beyond the remit […]
Controller Cannot Exceed the Remit and Scope of Remand Order, Holds Bombay High Court
Patent
Marijuana Detection Breathalyser’ Patent Resurrected: Delhi High Court Sets Aside Refusal Order
The patent application filed by University of North Texas for “Technologies for Rapid Detection and Quantitation of Volatile Organic Compounds (VOCs) Using Breath […]
Delhi High Court Sets Aside Patent Refusal for Lack of Scientific Reasoning and Impermissible Hindsight Analysis
The Delhi High Court in Biotyx Medical (Shenzhen) Co. Ltd. vs Assistant Controller of Patents and Designs [C.A.(COMM.IPD-PAT) 47/2024], once again dug into […]
Lack of Adequate Directions to Work Invention Leads Delhi High Court to Uphold Patent Rejection
The cardinal principle to seek a grant of a patent primarily rests on the premise of ‘quid pro quo’. A patent right is […]
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 […]