In an important development, the Delhi High Court in Syngenta Limited v. The Controller General of Patents, has placed the following issues before the Honourable Chief Justice, for consideration by an appropriate Division Bench of the Court: (a) Does the requirement of a plurality of inventions being contained in the parent application, in order for […]
Publications
India- Patentability of Computer Related Inventions- Pathbreaking developments
An assessment as to whether the registrability threshold set out in Section 3(k) of the Indian Patents Act, 1970 (the ‘Act’) has been crossed or not, is an essential pre-requisite for the grant of patents in relation to computer related inventions (‘CRI’). The Delhi High Court, in a recent landmark decision (in Microsoft Technology Licensing, […]
India amends the Biological Diversity Act, 2002: An Overview
The Biological Diversity Act, 2002 (the “Act”) primarily regulated the sustainable use of biological resources of India, and the equitable sharing of benefits arising out of the use of biological resources. The Act also aimed at conserving and using biological diversity sustainably, and obligated foreign nationals and organizations to obtain prior approval of National Biodiversity […]
GI status for ant chutney: A mouthwateringly appetising prospect?
Mayurbhanj district in the state of Odisha in eastern India is well known for its ‘kai (red weaver ant) chutney’ and may, soon, attain the much-awaited geographical indication (‘GI’) status. The ants are abundantly available in Mayurbhanj district and has been consumed in the form of a chutney or soup, by mixing them with spicy […]
Is a ‘Graphical User Interface’ registrable as a ‘design’ in India?
The Calcutta High Court, in a recent ruling, quashed an order which was issued by the Assistant Controller of Patents and Designs in which a design application for a ‘touch screen’ for a novel surface ornamentation which is a Graphical User Interface (‘GUI’) was refused. Background: The Applicant/ Appellant (Ust Global (Singapore) Pte. Ltd.) had […]
Court directs Indian Patent Office to issue reasoned decisions
Lack of proper reasoning in patent decisions by the Indian Patent Office (‘IPO‘) has been a cause for grave concern. In Dolby International AB (‘Dolby’ and/or the ‘Applicant’) v. The Assistant Controller of Patents and Designs [C.A.(COMM.IPD-PAT) 10/2021 and I.A. 13552/2021], the Delhi High Court was faced with a similar predicament, and took the opportunity […]
India- In a landmark ruling, the Delhi High Court clarifies the permissibility of Patent claim amendments
In what can be considered a watershed moment, the High Court of Delhi in Allergan Inc. v. The Controller of Patents, 2023/DHC/515, quashed and set aside an order of the latter (in which the Controller had refused to allow the amendments to the claims which the Appellant had sought), and remanded the matter back to […]
India- Simplicity of an invention should not deter the grant of a Patent
Novelty and inventive step are the essential requirements for the grant of a patent . In an interesting development, the High Court of Delhi, in Avery Dennison Corporation v. Controller of Patents and Designs, CA. 29/2021, has reiterated that the simplicity of an invention should not deter the grant of a patent. Factual matrix: An […]
India- The IPAB signs off, as the President signs on The Tribunals Reforms Bill, 2021
On 4th April 2021, the Honourable President of India announced The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 (the ‘Ordinance’). Pursuant to the Ordinance, the Intellectual Property Appellate Board (‘IPAB’) would be abolished. Before the Ordinance comes into effect, the Ordinance had to be laid before both the Houses of Parliament for consideration, […]
DIVISIONAL APPLICATIONS IN INDIA: CLARIFICATION AND SUMMARY
In India, every patent application should form a “single invention concept” (and therefore amount to “one invention”). However, where a parent application contains multiple group of inventions and they do not form such a “single invention concept”, a divisional application is taken up. These applications are governed by several provisions, namely Sections 16, 10(5) and […]