The Madras High Court on February 8, 2024, in Techpolymers Industria E Comercio LTDA vs. The Deputy Controller of Patents and Designs [(T)CMA(PT)/180/2023, (OA/SR.11/2020/PT/CHN)], addressed the rejection of a patent application concerning thermoplastic polymers used in injection-molded articles.
Continue reading “Emphasizing Substantive Evaluation Over Semantics: Madras High Court Sets Aside Patent Rejection”Category: Patentability
Delhi High Court differentiates between a method of treatment and a method of producing a substance used for treatment
In the matter of Arthrogen GMBH (‘Appellant’) v Controller General of Patents, Designs and Trademarks and Anr (‘Respondents’) [C.A.(COMM.IPD-PAT) 415/2022], the Delhi High Court, vide its order dated 05.02.2024, set aside the Respondents impugned order dated 28th November 2019 and remanded the matter to the Respondents for de novo consideration while restoring the patent application for the subject patent to its original number.
Continue reading “Delhi High Court differentiates between a method of treatment and a method of producing a substance used for treatment”Section 3(i) of Indian Patent Act – touching on non-patentability, exceptions & grey areas!
Patentability of methods for treatment has been objected under multiple jurisdictions. Similarly, the provision of section 3(i) of the Indian Patent Act, 1970 prohibits grant of Patent to any invention relating to “any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.” Continue reading “Section 3(i) of Indian Patent Act – touching on non-patentability, exceptions & grey areas!”
Revised Guidelines for Computer Related Inventions and Patentability under section 3(k) of The Patents Act of India
The Indian Patent Office (IPO) has recently released another set of guidelines (‘Revised Guidelines’) on how to deal with section 3(k) of the Patents Act, 1970 (as amended) (‘Act’) of India particularly clarifying examination of Computer Related Inventions (‘CRIs’) thereby overriding the previous guidelines published in February 2016, (‘Previous Guidelines’). Continue reading “Revised Guidelines for Computer Related Inventions and Patentability under section 3(k) of The Patents Act of India”
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