In a recent landmark ruling, the Madras High Court (MHC) delivered a verdict with potentially significant ramifications for patent jurisprudence, particularly concerning Section 3(k) of the Patent Act, which deals with the exclusion of business methods from patentability. The case of Priya Randolph v. Deputy Controller has sparked debates and comparisons with a previous decision,...Read More

Inventive Step:   In the dynamic intersection of technology and law, a recent legal battle between Microsoft Technology Licensing, LLC, and the Assistant Controller of Patents and Designs has unveiled the complexities surrounding Section 3(k) of the Patent Act, 1970. The case, C.A.(COMM.IPD-PAT) 29/2022, brought forth by Microsoft before the Delhi High Court, sheds light...Read More

Inventive Step:   Section 2(1)(ja) of the Indian Patent Act defines “inventive step‟ as:   (ja) “inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.  ...Read More

Vifor (International) Limited Vs Dr Reddys Laboratories Limited and others (July, 2023) involves multiple cases filed by Vifor (International) Limited against various defendants including Dr. Reddys Lab., wherein the Delhi High Court reviewed alleged infringement (and validity) of Vifor’s patent titled “Water Soluble Iron Carbohydrate Complex and a Process for Producing Water Soluble Iron Carbohydrate Complex'” (referred to...Read More

In a pathbreaking judgement in Telephonaktiebolaget LM Erricsson Vs Competition Commission of India (CCI) & Othrs (July 2023), the Division Bench of the Delhi High Court has ruled that in matters concerning the exercise of rights by a patent holder under the Patents Act of 1970, the Patents Act takes precedence over the Competition Act of 2002. The...Read More

Kamdhenu Ltd. Vs The Registrar of Trade Marks (July 2023) judgment discusses the concept of well-known trademarks and the procedure for determining a trademark as a well-known trademark. It explains that historically, trademarks were registered for specific goods, and the use of the mark by others in relation to similar or related goods could constitute infringement....Read More

In Monsanto Technology LLC Vs the Union of India and others (June 2023), the petitioner [Monsanto] filed a writ petition in the High Court of Madras seeking to challenge and quash an order issued by the Assistant Controller of Patents [Respondent] rejecting their patent application and requesting a re-hearing of the matter. The petitioner had applied for a...Read More

Section 3(d) is unique to India and the Patents Act, 1970 as amended in 2005, aimed to restrict patent protection for new forms of known substances unless they led to enhancement in the efficacy of the original substance. It specifically targeted so called evergreening of patents, which is understood to involve obtaining a patent for...Read More

In Guangdong Oppo Mobile Vs The Controller Of Patents And Others (June 2023), an electronics manufacturer, Guangdong Oppo Mobile filed a patent application in India for a charging system and method, as well as a power adapter. The invention aimed to provide a power adapter that could apply a pulsating waveform voltage directly to a...Read More

DELHI HIGH COURT: The Delhi High Court has become a prominent centre for intellectual property litigation in India. Recently, the Court addressed the issue of allowable claim amendments under Section 59(1) of the Patents Act. In the case of Allergan Inc. v. The Controller of Patents, the court overturned the decision of the Indian Patent...Read More