The filing of a Working Statement (regarding the working of patented inventions on a commercial scale in India) is a statutory requirement under the India Patents Act, 1970 (as amended) (the ‘Act’). Pursuant to the latest amendments to the India Patents Rules, 2003 (as amended) (the ‘Rules’) (read together with the Patents (Amendment) Rules, 2024 […]
Tag: Indian Patent Office
India- Non-attendance at patent hearings cannot tantamount to abandonment
In Star Scientific Limited v. The Controller of Patents and Designs, C.A.(COMM.IPD-PAT) 20/2024, the Delhi High Court reversed the decision of the Controller of Patents and Designs which had rejected patent application no. 202017011947 on the ground that the Applicant/ Appellant did not attend the pre-scheduled hearing (and consequently, that all the objections raised raised […]
India- High Court emphasizes the crucial role of procedural fairness in patent application evaluation
The surge in patent filings and government initiatives highlight India’s commitment to fostering innovation. Despite challenges faced by the Indian Patent Office and the applicants, the principles of natural Justice remain pivotal. A recent ruling by the Delhi High Court in the matter of Microsoft Technology Licensing LLC v. The Assistant Controller of Patents and Designs […]
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 […]
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, […]
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 […]