Publications

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- Court clarifies the criteria of “Technical Contribution” in relation to computer-related inventions

The Delhi High Court has offered important insights into the understanding of Section 3(k) of the Indian Patents Act ,1970 (the “Act”) in its decision, Blackberry Limited v. Controller of Patents and Designs [C.A.(COMM.IPD-PAT) 318/2022]Top of Form. The Court has established a significant precedent and has clarified the scope of “technical effects” in relation to computer-related inventions (‘CRIs’). […]

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” […]