The patent eligibility of “a method of agriculture or horticulture” under the Indian Patent Act 1970 is dictated by exceptions to patentability under […]
Method of Agriculture under Section 3(h): Limits and Reach
Patent
Identifying the scope of patent claims still remains mystified
Since the abolition of Intellectual Property Appellate Board (IPAB) in April 2021, High Courts with whom the jurisdiction for appeals against the decisions […]
Analysing the Judgment on Post-Grant Opposition Proceedings in Ashok Leyland vs Controller of Patents & Designs and Tata Motor
During the prosecution of a patent application, third parties are provided with an opportunity to object to the grant of a patent through […]
Analysing the Delhi High Court’s Judgment in Microsoft Technology Licensing LLC vs Assistant Controller of Patents
It is evident that the IP framework of the country is currently undergoing a significant transition. Among other factors, this could primarily be […]
Amendments under Section 59(1) of the Patents Act, 1970 to Pass Rigours of Six Benchmarks
The Delhi High Court, in its recent decision dated February 5, 2024, succinctly summarised the key benchmarks and parameters which amendments under Section […]
Interpretation of Section 3(i) after The Chinese University of Hong Kong Case
The Patent eligibility of diagnostic methods in India must cross the bar on its patentability introduced in 2002 amendments when after the word […]
Mere Juxtaposition of Prior Arts Not Sufficient to Establish Obviousness!
The Delhi High Court, in Nhk Spring Co Ltd vs Controller of Patents and Designs [C.A.(COMM.IPD-PAT) 296/2022] appeal case, examined the importance of the […]
Serendipitous Invention – Teflon
Introduction: The Three Princes of Serendib, where Serendip is the Classical Persian name for Sri Lanka, is a fairy tale in which the […]
Order Reserved: Pronouncement Of Decision Not To Go Beyond Six Months
The Patents Acts in all jurisdictions have strict timelines. Missing the statutory times by the applicant leads to adverse consequences like the application […]
Dispensing with Advance Service for Overarching Consideration of Justice, equity or Public Interest
More often than not, in a commercial suit, the plaintiff always moves an application for an exemption and does not effect an advance […]