The Madras High Court, in a landmark ruling, in Ab Initio Technology LLC (‘Ab Initio’) v. The Controller of Patents & Designs, overturned the Patent Office's rejection of a computer-related invention (‘CRI’) application titled “Graphic Representations of Data Relationship.” This decision mandates the grant of the patent (application no. 4693/CHENP/2010), citing clear novelty and inventive step […]
Tag: Indian Patent law
Calcutta High Court Overturns Patent Rejection: Clarifies Standards for Morality and Public Health Exclusions
The Calcutta High Court’s judgment, in ITC Limited v. The Controller General of Patents Designs and Trademarks (IPDPTA/13/2024) marked a crucial development in Indian patent law by overturning the rejection of ITC’s patent application (No. 685/KOL/2015) for “a device and method to generate and deliver a nicotine aerosol”. The case centered on Section 3(b) of […]
Delhi High Court rejects Salmonella patent despite approval by USPTO and EPO
In Regents of the University of California (the ‘Appellant’) vs Controller of Patents and Designs (the ‘Respondent’) [C.A.(COMM.IPD-PAT) 481/2022], the Delhi High Court upheld the rejection of a patent application for genetically modified salmonella vaccine due to insufficient disclosure and overly broad claims, non-patentable subject matter, and failure to deposit recombinant microorganism as required under […]