The Delhi High Court recently rendered a significant decision clarifying the concept of enhanced therapeutic efficacy, when determining the patentability of new forms of known substances. The case involved an appeal by the patent applicant challenging the rejection of their patent application under Section 3(d) of the Patents Act, 1970 (as amended) (the ‘Act’). Section […]
Publications
India- High Court sheds light on the use of trademarks as keywords in ads
One of the most widely used approach by organizations to boost their online visibility is promoting their business by using keywords in the Google Ads Program. In a recent decision, the Delhi High Court had to consider and decide whether the use of a registered trademark as a keyword, constitutes infringement. MakeMyTrip (India) Private Limited […]
India- Pathbreaking ruling by the High Court- Patentability of an invention relation to foetal genomic analysis from a maternal biological sample
In a recent decision of the High Court of Madras, in the Chinese University of Hong Kong and Sequenom, Inc. (“Appellants”) v. The Assistant Controller of Patents and Designs (“Respondent”), CMA (PT) No.14 of 2023, the Court had the opportunity to delve into the nuances of Section 3(i) of the Indian Patents Act, 1970 (as amended) (the […]
India- Salient features of the Proposed Patents (Amendment) Rules, 2023
The Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) has proposed amendments to the Patents Rules, 2003 (the ‘Rules’). A summary of some of the major proposed amendments, is set out below: 1. Reduction in timeline for filing a request for examination: A proposal has been made to shorten the […]
India- Novel hardware is not a pre-requisite for the patentability computer-related inventions
In recent years, the Delhi High Court has issued several significant decisions in which it has adopted a positive interpretation of the law. One of the said decisions entails the Court’s recent interpretation of Section 3(k) of the Patents Act, 1970 (as amended) (the ‘Act’). The Court in Raytheon Company (the ‘Appellant’) v. Controller General […]
Law relating to Divisional Patent Applications in India to be revisited
In an important development, the Delhi High Court in Syngenta Limited v. The Controller General of Patents, has placed the following issues before the Honourable Chief Justice, for consideration by an appropriate Division Bench of the Court: (a) Does the requirement of a plurality of inventions being contained in the parent application, in order for […]
India- Patentability of Computer Related Inventions- Pathbreaking developments
An assessment as to whether the registrability threshold set out in Section 3(k) of the Indian Patents Act, 1970 (the ‘Act’) has been crossed or not, is an essential pre-requisite for the grant of patents in relation to computer related inventions (‘CRI’). The Delhi High Court, in a recent landmark decision (in Microsoft Technology Licensing, […]
India amends the Biological Diversity Act, 2002: An Overview
The Biological Diversity Act, 2002 (the “Act”) primarily regulated the sustainable use of biological resources of India, and the equitable sharing of benefits arising out of the use of biological resources. The Act also aimed at conserving and using biological diversity sustainably, and obligated foreign nationals and organizations to obtain prior approval of National Biodiversity […]
GI status for ant chutney: A mouthwateringly appetising prospect?
Mayurbhanj district in the state of Odisha in eastern India is well known for its ‘kai (red weaver ant) chutney’ and may, soon, attain the much-awaited geographical indication (‘GI’) status. The ants are abundantly available in Mayurbhanj district and has been consumed in the form of a chutney or soup, by mixing them with spicy […]
Is a ‘Graphical User Interface’ registrable as a ‘design’ in India?
The Calcutta High Court, in a recent ruling, quashed an order which was issued by the Assistant Controller of Patents and Designs in which a design application for a ‘touch screen’ for a novel surface ornamentation which is a Graphical User Interface (‘GUI’) was refused. Background: The Applicant/ Appellant (Ust Global (Singapore) Pte. Ltd.) had […]