The Delhi High Court dismissed Zeria Pharmaceutical Co. Ltd.’s (the ‘Appellant’) appeal against the Controller of Patents' (the ‘Respondent’) refusal order of a divisional patent application (3630/DLNP/2011). The ruling focused on a novel intermediate compound rejected for lack of inventive step and for failing to demonstrate enhanced therapeutic efficacy. Case Background Zeria filed a divisional […]
Tag: lack of inventive step
India- High Court remands matter back to the Patent Office owing to lacunae in assessment of inventive step
The Madras High Court, in a ruling concerning an appeal filed by Hendrickson USA (producers of heavy-duty suspension systems), remanded their patent application for an invention entitled the "Axle Mount for Heavy-Duty Vehicle Brake System Components", back to the Patent Office. The Court determined that the Patent Office had not sufficiently evaluated the "technical advancement" […]
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 […]