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 […]
Tag: patent application
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 […]
Amendments to Patents Law in Malaysia
The Malaysia Patent Office recently announced amendments to the Patents Act and Regulations, taking effect from 18 March 2022. Highlights of the key amendments are set out as follows: 1. New Section giving effect to Budapest Treaty A new section is introduced to the Patents Act and Regulations giving effect to the Budapest Treaty. The deposit […]
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 […]
Salient points concerning the law of anticipation in the case of Element Six Technologies Ltd v. IIa Technologies Pte Ltd.
On February 7, 2020, the Singapore High Court reported its decision in the case of Element Six Technologies Ltd v. IIa Technologies Pte Ltd. [2020] SGHC 26, which treated various issues pertaining to novelty, priority date and anticipation. In particular, there are several interesting points in the decision concerning the law of anticipation which will […]
New Singapore Patent Fast Track Programme to Accelerate Patent Prosecution Timeframe
The Intellectual Property Office of Singapore (IPOS) in its continuing effort to expand support to innovators, launched a new programme named the “SG Patent Fast Track” on 4 May 2020 to replace the existing patent acceleration programmes, namely FinTech Fast Track and Accelerated Initiative for Artificial Intelligence (“AI2”), which ceased on 25 April 2020 and […]
India Update – Patent Infringement
An action for patent infringement in India is not maintainable during the pendency of an appeal against an order revoking the patent. In Novartis AG & Anr. V. Natco Pharma Limited CS (COMM) 229/2019 and I.As. 11304/2019, 11305/2019, the Delhi High Court (the ‘Court’) has clarified that an action for infringement is not maintainable in […]
INDIA AND JAPAN- BILATERAL PATENT PROSECUTION HIGHWAY
The Indian Patent Office (‘IPO’) and the Japan Patent Office (‘JPO’) have jointly embarked on a Bilateral Patent Prosecution Highway (‘PPH’) pilot program (the ‘PPH program’). Pursuant thereto, applicants can request for expedited examination by complying with the stipulated procedure. Applicants need to bear in mind the following: The number of requests accepted by the […]
Singapore: International Property Rights Index 2019
Singapore’s International Property Rights Index has risen and the country has achieved a 2nd ranking in the Asia and Oceania region and a 4th ranking worldwide for the year 2019. International Property Rights Index (IPRI) The IPRI is an index that measures the status of property rights globally. The IPRI score is indicative of the […]
The IP (Dispute Resolution) Bill
Legislative amendments bringing broad-ranging reform to the intellectual property (IP) regime in Singapore were tabled before lawmakers in early July 2019, following public consultations in July 2017 and August 2018. The IP (Dispute Resolution) Bill (the IP Bill) has the following overarching aims: (1) The consolidation of civil IP proceedings in the Singapore High Court, […]