In BASF SE v. Controller of Patents and Designs ((T)CMA(PT) No.38 of 2024), the Madras High Court quashed the order passed by the Controller of Patents and Designs refusing to grant the patent application in respect of a Divisional Application on the ground that the said divisional application was filed after the grant of patent […]
Tag: divisional application
India- Withdrawn Patent Application Cannot Be Used as Prior Art
In a recent judgement, the Madras High Court set aside an order issued by the Controller of Patents (the “Respondent”) against Dr. Vandana Parvez and others (the “Appellant”) refusing the latter’s Patent Application. Background: The Respondent refused the patent application numbered 202041010232 (hereinafter referred to as “IN’232”) as being anticipated by a patent application numbered […]
Singapore: Patents Formalities Manual updates
The Intellectual Property Office of Singapore (‘IPOS’) recently issued a circular announcing various updates to the Patents Formalities Manual (‘Manual’) pertaining to practices and processes. New programmes that have been recently introduced in patents have also been incorporated herein. WIPO Standard ST.26 for sequence listing In IPOS Digital Hub Practice Direction No. 2 of 2023 […]
India- Novel hardware is not a pre-requisite for the patentability computer-related inventions
In recent years, the Delhi High Court has issued several significant decisions in which it has adopted a positive interpretation of the law. One of the said decisions entails the Court’s recent interpretation of Section 3(k) of the Patents Act, 1970 (as amended) (the ‘Act’). The Court in Raytheon Company (the ‘Appellant’) v. Controller General […]
Law relating to Divisional Patent Applications in India to be revisited
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 […]
Singapore Swings
Following big policy changes in 2019, the time is right to look at IP developments in this fast-evolving country. For the intellectual property field in Singapore, 2019 was an exciting year, with new policies to promote Singapore as an IP hub and legislative reforms leading the charge in opening up new areas of opportunity. For […]
Interpretation of Rules 610 and 611 of the Philippines’ Revised IRR for Patents and IPOPHL BOP Memorandum Circular 18-003
Following the issuance of Memorandum 18-003 on 17th September 2018 by Ms. Lolibeth R. Medrano, the Director of the Bureau of Patents (BOP), patent Applicants can now file a Voluntary Divisional Application (“VDA”) based on an earlier divisional application. Prior to the issuance of the said memorandum, an Applicant could only file a VDA based […]