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Madras High Court and the (Mis-Placed) Judicial Economy: Analysing the Clouds Behind the Silver Lining The Mad HC single bench upheld the dismissal of a patentapplication but curiously analyzed only one objection from the Controllers dismissal and deemed the rest unnecessary to be evaluated. Read the post for more details.
Highlights of the Week Delhi High Court Stirs the Pot for Biotech PatentApplicants in India On the recent Delhi High Court judgement concerning a genetically modified salmonella bacteria, Prashant Reddy explains how the Court erred by applying Section 3 on a microorganism and incorrectly applied the disclosure requirement under Section 10.
CRI Guidelines 2025 is out for Public Consultations! The Draft Guidelines for Examination of Computer-Related Inventions (CRI), 2025, has been published for public consultation. Interested stakeholders can provide their comments on the guidelines by April 15, 2025. Read the post for more details.
Comments Invited on AI Governance and Guidelines Development Report (February 27) The office of CGPDTM has invited comments on the Draft Guidelines for Processing PatentApplications of Ayush Systems and Related Inventions for providing clarity on the filing and processing of patentapplications of Ayush Systems and related inventions.
Section 100 empowers the central government to use, or authorise to use, an invention (application or grant) for the purposes of the government, on a non-commercial basis. Importantly, this is not a provision that requires abuse of patent by the patentee. The next date of hearing is today, i.e. January 20, 2025.
Comments Invited on AI Governance and Guidelines Development Report (February 27) The office of CGPDTM has invited comments on the Draft Guidelines for Processing PatentApplications of Ayush Systems and Related Inventions for providing clarity on the filing and processing of patentapplications of Ayush Systems and related inventions.
A Single Bench of the MadHC, headed by Justice Senthilkumar Ramamoorthy, delivered an intriguing judgment on February 27, 2025, in Navya Network Inc. The Controller of Patents & Designs ( pdf ). The case involved an appeal against the order dated March 13, 2023, which had dismissed PatentApplication No.
Robert Bosch Limited, filed an appeal before the Madras High Court, challenging the rejection of their Indian PatentApplication No. The FER also cited Section 3(d), excluding claims 1 to 6 from patentability. In response, the applicant submitted detailed responses and attended multiple hearings. 201944047460.
In affirming the USPTO's rejection of claims for treating COVID-19 with aerosolized ribavirin, the court's February 18, 2025 ruling (No. I enjoyed the case also noting that it was argued by the patentapplicant's twin brother Bart McLeay (Kutak Rock LLP). To continue reading, become a Patently-O member.
Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patentapplication rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. Read more for the details.
Highlights of the Week Part I: Unreasoned Patent Grants and Rejections: Taking a Look at the Division Application Filing Fiasco in the BASF SE Case A Divisional Application (DA) by BASF was rejected by the IPO citing delay in filing of application. The last date for submission of entries is March 31, 2025.
The Court noted that during the final arguments, the defendants tried to deflect the liability by arguing that the patented process was outsourced to Moser Baer who was an authorized licensee of Philips. The Court specifically noted Philips failure to disclose information about its foreign patentapplications u/s 8 is a clerical error.
The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system. The authors do have several proposals: Election approach – where patent owners could have only one patent in force covering a given invention but could replace it with another patent on an obvious variant.
Majumdar & Co.who are experts in the field of Patents. Prepare candidates to qualify for the Indian Patent Agent Examination (Paper I and Paper II) to be held in the year 2025. Train candidates for the patent agent interview (For candidates who pass Paper I and Paper II).
CGPDTM Announces Dates for 2025 Trademark and Patent Agent Exams Dates for Trademark and Patent Agent Exams 2025 have been announced by the CGPDTM. The Trademark Agent Exam is likely to be held on January 04, 2025 and the Patent Agent Exam is likely to be held on January 5, 2025.
China will rank among the advanced countries of the world in terms of the annual number of patents for inventions granted to the domestic applicants, while the number of overseas patentapplications filed by Chinese applicants should greatly increase. Policymakers have long noticed this problem as well.
The referral will address a question relevant to every European patentapplication, namely how should the claims be interpreted? Review of EPC Articles for Interpretation The title of Art 69 European Patent Convention (EPC) is Extent of Protection. Unsurprisingly, the amicus curiae have been flooding in (including from CIPA ).
As of now, there are two traditional routes to obtain patent protection for an invention in Georgia. The first option involves filing an application directly with the National Intellectual Property Center of Georgia (Sakpatenti). The second one, as you might expect, is through the PCT (Patent Cooperation Treaty) system.
Patents , as a vital form of intellectual property (IP), safeguard these innovations, providing inventors and businesses exclusive rights to their inventions while promoting the dissemination of knowledge. This will reduce administrative burdens and enhance cross-border patent collaboration. trillion to $6.2
billion by 2025. [ii] The USPTO is willing to issue patents on cannabis irrespective of its legality because patent rights are merely negative rights; a patent is the right to exclude others from the invention claimed therein rather than a license to make, use, or sell the invention.
The court accepted the contention and quashed the FIR, reliance was also placed on the decision in the case of Kasim Ali v State of MP which had an identical factual matrix and the court held that provisions of the copyright act are not applicable to electric products such as the wires in this case. Glenmark to pay USD 87.5
By 2025, it is estimated that chronic diseases may affect 164 million Americans – nearly half (49%) of the U.S. Patenting Trends for inventions using AI in the Life Sciences and healthcare Fields. In addition, the above chart organizes patentapplication filings by USPTO Tech Center s. population.
On the recent Delhi High Court judgement concerning a genetically modified salmonella bacteria, Prashant Reddy T writes on how the Court missed the boat in laying down the law on some important issues for the biotech industry concerning the patentability of microorganisms and disclosure requirements for such inventions.
Case Summaries Ds Drinks And Beverages Private Limited vs Hector Beverages Private Limited on 3 March, 2025 (Delhi High Court) The respondent alleged that DS Drinks’ use of “CATCH SWING ENERGY INVIGORATES & MIND” was deceptively similar to its registered trademark “SWING,” leading to consumer confusion.
Wrongful obtainment is an unexplored area of Patent law when compared to other, fancier and more contested topics, such as Inventive step or Subject matter exclusion. The Patent Office, in both cases, eventually rejected the patentapplication post-examination on other grounds.
The preliminary opinion provides the EBA's initial view on the three referred questions ahead of oral proceedings scheduled for 28 March 2025. The Enlarged Board of Appeal (EBA) has issued its preliminary opinion in the closely watched referral G1/24 relating to the role of the description in claim interpretation.
It revealed that 59% of participating readers (105) are in favour of rehauling exclusions to patent protection. The majority view shows an appetite for a patent system that more fairly rewards investment in innovation, regardless of whether an invention involves an arbitrary technical effect.
A Single Bench of the MadHC, headed by Justice Senthilkumar Ramamoorthy, delivered an intriguing judgment on February 27, 2025, in Navya Network Inc. The Controller of Patents & Designs ( pdf ). The case involved an appeal against the order dated March 13, 2023, which had dismissed PatentApplication No.
In-person course at UCL’s Faculty of Laws (Bloomsbury, London), Monday 16 June - Thursday 19 June 2025. In other news, a new report has been published by the EPO looking at patentapplications originating from universities. University of Amsterdam Postdoc Information Law at AI, Media & Democracy Lab. Deadline 15 Nov 2024.
LLMs for patent drafting We are now awash with companies claiming to provide LLM software capable of drafting patentapplications. Whilst there are already a number of blogs out there reviewing the different companies, for this Kat, patent drafting is a subject-specific activity.
Wishing everyone a prosperous and a healthy new year ahead and hoping that 2025 brings in spicier IP developments to the Indian IP regime, making it a more fair, balanced and effective one! Lava gave a mammoth 476 page judgement while dealing with issues related to novelty, inventive step, Section 3(k) and FRAND. Ericsson v.
Other Posts CGPDTM to Fund Law Students Participating in any International IP Moot Court Competitions: Commerce Minister Piyush Goyal Commerce Minister Piyush Goyal made this announcement in the inaugural ceremony of Vidhi Pragati: National IP Moot Court Competition, 2025, organized by DPIIT in collaboration with CIIPC and IPR Chair, NLU Delhi.
by Dennis Crouch The USPTO has issued the final rules that include significant fee increases for patentapplicants (and patent challengers), all set to take effect January 19, 2025 -- the final day of the Biden Administration. Section 10 of the AIA.
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