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: Patents Act
Breaking the Algorithmic Silence: Ab Initio's Path to CRI Patent Triumph
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 […]
INDIA- JUDICIAL CLARIFICATION ON SECTION 3(e) VS SECTION 3(d)- ORAMED LTD. vs THE CONTROLLER GENERAL OF PATENTS AND DESIGNS
In a recent ruling concerning pharmaceutical patents, the Calcutta High Court set aside a decision by the Controller of Patents for erroneously conflating the distinct legal standards for patentability of an invention. The judgment underscores ongoing concerns regarding inconsistencies in the examination of pharmaceutical composition claims, particularly where the statutory criteria are misapplied. Facts: The […]
Key Highlights of the Draft Patent (Amendment) Rules, 2025
On 18 July 2025, the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India, published the Draft Patent (Amendment) Rules, 2025 in the Official Gazette. These proposed amendments aim to operationalize the changes introduced by the Jan Vishwas (Amendment of Provisions) Act, 2023, which seeks to decriminalize […]
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 […]
Medical use claims in ASEAN countries
Singapore Under Section 16 of the Singapore Patents Act, “an invention of a method of treatment of the human or animal body by surgery or therapy or of diagnosis practised on the human or animal body is not taken to be capable of industrial application.” However, first and second medical use claims are allowable in […]