IMPORTANT ISSUE Whether an Artificial Intelligence (AI) device can be recognised as the inventor for granting a patent. SUBJECT MATTER OF PATENT The invention was a food container that improves grip and heat transfer. The patent application also claimed various products and methods concerning containers, devices and methods for attracting enhanced attention using convex and …
IMPORTANT ISSUE (i) Whether the patent held by Communication Components lacks inventive steps and is hence liable for revocation? (ii) Whether the subject matter of the patent is precluded from being patented, because of Section 3(d)? SUBJECT MATTER OF THE PATENT Indian Patent No. 240893 was granted for an invention entitled “Asymmetrical Beams for Spectrum …
IMPORTANT ISSUE Whether the patent held by Sulphur Mills is rendered invalid due to lack of novelty and inventive step, and hence liable to be revoked? SUBJECT MATTER OF THE PATENT IN 282429 (IN’429) for a novel agriculture composition namely a fertiliser that converts sulphur to its sulphate form instantly to be available for uptake …
Sulphur Mills Limited v. Dharmaj Crop Guard Limited & Anr. Read More »
IMPORTANT ISSUE Whether the subject matter of the species patent held by Astrazeneca was disclosed in the genus patent held by the same person? Whether the 2020 order passed by the Delhi High Court denying Astrazeneca interim relief in a suit for injunction was wrong. PATENT CASE LAW SUMMARY Patent no. IN 235625 (Patent ‘625) …
Astrazeneca AB & Ors v. Intas Pharmaceuticals Ltd.& Ors. Read More »
IMPORTANT ISSUE Whether the export of the patented product Sitagliptin to companies carrying out research activities was protected under Section 107A of the Patents Act, 1970? FACTUAL MATRIX Merck Sharpe filed for a permanent injunction against SMS Pharmaceuticals to prevent infringement of their Patent IN 209816 (’IN 816) relating to Sitagliptin, an anti-diabetic drug. The …
Merck Sharpe and Dohme Corp. and Ors. v. SMS Pharmaceuticals Limited Read More »
IMPORTANT ISSUE Whether Patent IN’307 was liable to revoked as the product was obvious from the genus patent IN’978 FACTUAL MATRIX The Plaintiff was the owner of subsisting patents IN’307 (product patent), IN’ 332 (process patent) and IN’ 978 (genus patent) expiring on 13th August 2022. The dispute was regarding Chlorantraniliprole (also known as “CTPR”) …
FMC Corporation & Anr. v. Natco Pharma Ltd. Anr. Read More »
IMPORTANT ISSUE In situations where a High Court does not exercise original civil jurisdiction and there is no Commercial Court notified at the District level, which Court can exercise original jurisdiction to hear a commercial dispute? FACTUAL MATRIX A dispute regarding cancellation of registration of Design under the Designs Act, 2000 arose between the two …
IMPORTANT ISSUE I. Whether the degree in Nano bio info cognitive neuroscience held by the Petitioner was equivalent to the Bachelor’s degree in biotechnology advertised by the Respondent as a minimum requirement for applicants to the post of Examiner of Patents. II. Whether the Court can intervene in matters regarding minimum requirements set for the …
IMPORTANT ISSUE Whether the Controller erred in rejecting the patent on the grounds of lack of inventive step under section 2(1)(j) of the Patents Act, 1970. Whether the amendments proposed by the applicants were beyond the scope of invention as filed. SUMMARY Subject matter of patent: The invention relates to a non-combustible flooring system comprising …
United States Gypsum Company vs. Assistant Controller of Patents and Designs Read More »
IMORTANT ISSUE Whether the Controller erred in rejecting the patent under Section 15 of the Indian Patents Act, on the grounds of lack of inventive step under section 2(1)(j) of the Patents Act, 1970. SUMMARY Subject matter of patent: Subject matter is directed to include novel transformation events of cotton plants comprising one or more …
Dow Agrosciences LLC v. Controller of Patents and Designs Read More »
IMPORTANT ISSUE Whether the Controller erred in rejecting the patent under Section 15 of the Indian Patents Act, on the grounds of lack of inventive step. SUMMARY Subject matter of patent: The present invention concerns a centrifugal separator for cleaning of gas (light phase) with special configuration of interspaces between the separation discs. FACTUAL MATRIX …
Tony Mon George v. Assistant Controller of Patents & Designs Read More »
Important issue Whether the Controller erred in rejecting the patent under Section 15 of the Indian Patents Act, on the grounds of lack of inventive step and non-patentability under section 3(e) of the Patents Act, 1970. Summary Subject matter of patent: Subject matter is directed to an herbicidal composition, comprising of aryloxyphenoxypropionic ester, acetoacetate synthase …
Willowood Chemicals Private Limited v. Assistant Controller of Patents & Designs Read More »
IMPORTANT ISSUE Whether the Controller General erred in rejecting the patent under Section 15 of the Indian Patents Act, on the grounds of lack of novelty. SUMMARY Subject matter of patent: The invention relates to trailing arm with anti-roll bar suspension system for anti-roll bar suspension system for three wheeler motor vehicle. FACTUAL MATRIX The …
TVS Motor Company limited v. Controller of Patents and Designs Read More »
IMPORTANT ISSUE Whether the plaintiffs are entitled to seek a restraint against execution or enforcement, by the defendants, of the order dated 23rd September, 2020, passed by the Wuhan Court regarding anti-suit injunction. SUMMARY Subject matter of patent: 3G and 4G Standard Essential Patents (SEPs) FACTUAL MATRIX The plaintiffs approached this Court on 29th July, …
Interdigital Technology Corporation v. Xiaomi Corporation Read More »
210203 NovartisController IMPORTANT ISSUE Whether the Controller arbitrarily adjourned the hearings indefinitely till physical hearings are possible. SUMMARY Subject matter of patent: The present invention is related to dual acting compounds /combinations of angiotensin receptor and neural endopeptidase used for the treatment of certain vascular diseases. FACTUAL MATRIX The Indian national phase PCT application 4412/DELNP/2007 …
Novartis AG v. Controller General of Patents, Designs and Trade Marks and Ors. Read More »
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