In Regeneron Pharmaceuticals v Controller of Patents and Designs ((T)CMA(PT) No.191 of 2023), the Madras High Court set-aside an order passed by the Indian Patent Office (‘IPO’) on the grounds of lack of sufficient reasoning and absence of a speaking order.. Consequently, the matter was remanded back to the IPO for consideration afresh. Background: The […]
Novartis v. Natco Pharma Limited – Patent Examination and Opposition proceedings under the Patents Act are ‘Parallel but Independent’, says Delhi High Court
In the case of Novartis Ag v. Natco Pharma Limited & Anr., a Division Bench of the Delhi High Court (in LPA 50/2023,) clarified that the process of substantive examination of a patent application and a pre-grant opposition proceeding are two separate and independent processes/proceedings, and that the opponent has no right to intervene in […]
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” […]
Singapore: IPOS launches free deferment of patent prosecution as pilot initiative
In response to the growing interests of applicants in having more time to decide how best to prosecute their Singapore patent applications in alignment with their global patenting strategies and IP commercialization developments, the Intellectual Property Office of Singapore (IPOS) has launched a pilot initiative to allow eligible applicants to defer the filings of request […]
A sample of Singapore patents granted in 2024
While we are well into the second-half of 2024, contemplating milestones accomplished (or New Year’s resolutions broken) so far, it is interesting to note that by the end of June 2024 in Singapore, almost 4,000 patent applications had reached the critical milestone of an issuance of a certificate of grant by the Intellectual Property Office […]
India- Drastic changes to Patent Working Requirements
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 […]
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- Withdrawn Patent Application Cannot Be Used as Prior Art
In a recent judgement, the Madras High Court set aside an order issued by the Controller of Patents (the “Respondent”) against Dr. Vandana Parvez and others (the “Appellant”) refusing the latter’s Patent Application. Background: The Respondent refused the patent application numbered 202041010232 (hereinafter referred to as “IN’232”) as being anticipated by a patent application numbered […]
Protecting AI inventions in Singapore
The rapid advancement of artificial intelligence is profoundly impacting business and society, with AI now possessing the ability to write code, design drugs, develop products, and overhaul processes, among other innovations. This emergence of AI has sparked inquiries into the role of patent laws in protecting AI inventions. Patent protection can significantly enhance the commercial […]