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 […]
Publications
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 […]
IndiaMart vs. Puma: Navigating Intellectual Property Rights and Intermediary Responsibility in the Digital Era
The Delhi High Court’s ruling in Puma v. IndiaMart Intermesh, 2025 SCC Online Del 4165, provides a significant analysis of the connection between Indian trademark law and intermediary liability in the context of online marketplaces. The case arose from allegations that IndiaMart, a business-to-business listing platform, facilitated the sale of counterfeit Puma products. It was […]
India’s 2025 CRI Guidelines: A New Era for Software and AI Patent Examination
India has ushered in a transformative phase in its intellectual property regime with the release of the 2025 Guidelines for the Examination of Computer-Related Inventions (CRIs). Issued by the Office of the Controller General of Patents, Designs & Trademarks (CGPDTM) on July 29, 2025, these guidelines mark a significant evolution in how software and artificial […]
Calcutta High Court Overturns Patent Rejection: Clarifies Standards for Morality and Public Health Exclusions
The Calcutta High Court’s judgment, in ITC Limited v. The Controller General of Patents Designs and Trademarks (IPDPTA/13/2024) marked a crucial development in Indian patent law by overturning the rejection of ITC’s patent application (No. 685/KOL/2015) for “a device and method to generate and deliver a nicotine aerosol”. The case centered on Section 3(b) of […]
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 […]
Delhi High Court rejects Salmonella patent despite approval by USPTO and EPO
In Regents of the University of California (the ‘Appellant’) vs Controller of Patents and Designs (the ‘Respondent’) [C.A.(COMM.IPD-PAT) 481/2022], the Delhi High Court upheld the rejection of a patent application for genetically modified salmonella vaccine due to insufficient disclosure and overly broad claims, non-patentable subject matter, and failure to deposit recombinant microorganism as required under […]
Exploring the New Patent Playbook: Establishing a prima facie case before the issuance of a Notice for Pre-Grant Oppositions
Introduction In India Patent Application No. 202417006578, the Assistant Controller of Patents & Designs, issued an order in the context of a Pre-grant Opposition (‘PGO’) against Pharmazz Inc.'s said patent application. This decision is particularly notable as it represents the first application of a new rule requiring the establishment of a prima facie case before […]
India- Preserving Celebrity Rights Through Intellectual Property Rights
WHAT ARE CELEBRITY RIGHTS? The term ‘celebrity’ is often seen as a mark of honor and success. While athletes, artists, and businesspeople earn it through talent or charisma, royals inherit it by birth or marriage. Others may gain fame unexpectedly through public or media attention. When celebrities protect their personality rights, two key aspects arise:-- […]