IPO ends decade-long pre-grant opposition to Gilead’s Sofosbuvir prodrug
In a landmark case, Gilead Pharmasset, LLC v Sankalp Rehabilitation Trust and Ors., the Indian Patent Office (IPO) in Kolkata granted a patent to Gilead Pharmasset, LLC (Gilead), covering the prodrug molecule of anti-HCV drug Sofosbuvir. The IPO rejected all the 13 pre-grant oppositions, filed by various opponents including pharma companies,...
Court Rules Data Privacy Prevails Over Business Methods in E-Commerce
In a pivotal decision, in the case Priya Randolph v the Deputy Controller of Patents and Designs, the Madras High Court has significantly impacted the criterion of patentable inventions in India, safeguarding a privacy-focused technology amidst e-commerce giants.
Priya Randolph and Rohit Chaturvedi (inventors) sought patent protection for...
Patentability of Synergistic Combinations Yielding New and Improved Results
In a notable ruling in the case, Biomoneta Research Pvt ltd. v Controller General of Patents Designs, the Delhi High Court (Court) resolved an appeal by Biomoneta Research Pvt. Ltd. (Biomoenta) against the Controller General of Patents and Designs’ (Controller) rejection of their 2017 patent application for an ‘Air Decontamination...
High Court Affirms Scotch Whisky Association’s GI Infringement Lawsuit Right
The Scotch Whisky Association (SWA), a company incorporated in the UK won an appeal (Scotch Whisky Association v J.K. Enterprises & Ors) before an Appellate Bench of the High Court of Madhya Pradesh in Indore.
The appeal arose from an order passed by the Commercial Court in District Indore. The Commercial Court held that SWA’s suit for infringement of its geographical indication (GI)...
Court Rules on Determining Diagnostic Criteria in Patent Applications
The Madras High Court, this year, ruled on the much-awaited cases pertaining to interpretation of the scope of patentability of diagnostic methods patentability under the Indian Patents Act, 1970 (Act). Section 3(i) of the Act prohibits the patenting of diagnostic methods aimed at treating diseases in humans or animals to make them...
Court Clarifies Patent Eligibility Criteria for Biochemical Inventions
In a landmark judgment, the Madras High Court brought significant clarity to the nuances of patent eligibility under the Indian Patent Act, 1970, (the Act) particularly concerning biochemical inventions.
In the case, Novozymes v Assistant Controller of Patents and Designs revolved around patentability of phytase variants with enhanced...
Court Rules on SEP Infringement and Licensing Dynamics
In the landmark case of Nokia Technologies OY v Guangdong OPPO Mobile Telecommunications Ltd. & Ors., the Supreme Court of India addressed a crucial issue concerning the alleged infringement of Standard Essential Patents (SEPs) post the expiry of a licensing agreement.
This case was significant in the realm of intellectual property rights, particularly in the context of adhering to and...
Court Overturns Patent Refusal Due to Inadequate Obviousness Evaluation
In Kuraray Co. Ltd. and Mebiol Inc. v The Assistant Controller of Patents & Designs, The Patent Office, the Madras High Court ruled in September that the Assistant Controller of Patents & Designs’ (Controller) refusal order lacked merit due to insufficient reasoning.
Kuraray Co. Ltd. and Mebiol Inc. (appellants), filed a...
3 digital storytelling platforms, 1 copyright infringement suit
There can be no monopoly over the running of a storytelling platform; copyright vests in the expression of an idea but not in the idea itself.
This was encapsulated in the Delhi High Court ruling, which put an end to the copyright infringement lawsuit filed by Humans of Bombay (HOB), India’s largest storytelling...
Court assesses lung cancer drug patent infringement by the company.
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