Organisation: Indian Patent Office

Delhi High Court backpedals in landmark pharma ruling on product-by-process claims

Reversal in favour of Vifor is a boon for innovators

20 February 2024

Successful Novartis appeal provides critical clarification on India’s pre-grant opposition process

A Delhi High Court decision has highlighted that the pre-grant process can be abused by parties attempting to derail applications. The division bench has clearly distinguished between the examination and opposition processes, which should streamline the handling of pre-grant oppositions while safeguarding the interests of both sides.

07 February 2024

Delhi High Court defines enhanced therapeutic efficacy in setting aside Indian Patent Office refusal order

In a pharmaceutical prosecution case, the Delhi High Court has issued a decision that provides much-needed clarity on Section 3(d) of the Patents Act. The ruling will serve as a useful guide for prosecuting future life science patent applications.

13 December 2023

India: High Court IP divisions’ landmark decisions reflect a positively evolving prosecution landscape

Featured in The Patent Prosecution Review 2024

The Indian Patent Office is taking significant steps to reduce patent prosecution timelines with a view to helping India soon become a top jurisdiction of choice for applicants to protect and commercialise their patents.

08 December 2023

Overcoming the Inventiveness Barrier to Patentability

Featured in Inside India’s IP Market: a Guide 2024

Under Indian law, there are certain criteria that must be met to obtain a patent. However, these are often not clear cut, meaning that applicants are often left in the dark when it comes to deciding how best to meet these requirements. However, smart, strategic thinking can substantially increase the probability of overcoming the inventiveness hurdle and securing patent rights.

30 November 2023

A Closer Look at Patent Registration Strategies

Featured in Inside India’s IP Market: a Guide 2024

While India is emerging as a global player in innovation, it falls behind other major economies in terms of the number of patent filings. To ensure that progress continues, applicants must consider India’s IP market conditions and utilise them for effective registration.

30 November 2023

Delhi High Court  clears up legislative ambiguity on divisional applications

The division bench’s opinion in Syngenta clarifies the language of Section 16(1) of the Patents Act and offers much-needed clarity when it comes to examining and prosecuting divisional applications at the Indian Patent Office.

08 November 2023

Delhi High Court and Indian Patent Office clash over novel hardware features requirement

The Indian Patent Office’s refusal of a software patent application has been overturned on appeal by the Delhi High Court as the office relied on an outdated set of guidelines for computer-related inventions in its reasoning.

18 October 2023

Delhi High Court underscores importance of strict adherence to procedural rules in post-grant oppositions

The Delhi High Court has stated that if an opponent misses the opportunity to file evidence in the form of an affidavit along with its opposition notice, it cannot file evidence when filing a rejoinder. The judgment underlines the intricacies related to post-grant opposition requirements and emphasises how critical it is to obey these to the letter.

04 October 2023

India: Key SEP and Antitrust Challenges Demonstrate Judicial Desire to Strengthen Patent Regime

Featured in The Patent Litigation Review 2024

In 2022 the spotlight for global patent jurisprudence was fixed firmly on India. Legislative overhauls, landmark decisions in the SEP and life sciences spaces and the first decision on antitrust and patent law all signal a clear aim to refine patent jurisprudence and modernise India’s IP regime.

25 August 2023

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