Scope of business method inventions under Section 3(k)

In Priya Randolph Vs Deputy Controller of Patent and Design,[order dated December 20, 2023],the Madras High Court set aside a refusal order passed by the Deputy Controller of Patents and Designs in appeal proceedings. The Court held that mere involvement of a business method in an invention doesn’t render it unpatentable under Section 3(k) of the Indian Patents Act, 1970. The Court observed that the invention involved hardware, software and firmware and that all these components put together, improve data privacy and protection mechanisms.Continue Reading Scope of business method inventions under Section 3(k)

‘Technical Breach’ not a contravention of Section 39 of the Patents Act?

In Selfdot Technologies (OPC) Pvt. Ltd. v. Controller General of Patents, Designs & Trademarks, [order dated November 28, 2023],the Madras High Court has adjudicated on Section 39 and 40 of the Indian Patents Act and held that the breach committed by the appellant was a technical breach and cannot be considered a contravention of Section 39 of the Patents Act, 1970, and hence cannot trigger deemed abandonment under Section 40.Continue Reading ‘Technical Breach’ not a contravention of Section 39 of the Patents Act?

Court interprets “known substance” in respect of Section 3(d) of the Patents Act

In an important decision, Justice Senthilkumar Ramamoorthy, discussed Section 3(d) of the Patents Act, 1970.[1] The case involved a patent application no. 7096/CHENP/2015, which claimed priority from the US application number 61/815,502 dated 24 April 2013. The patent application claimed two polymorphic forms—A and B—of a compound RTA-408. Compound RTA-048 was claimed and granted in the Indian Patent Application No. 8486/DELNP/2014.[2] The patent application 7096/CHENP/2015 was refused essentially on the grounds of being not patentable under Section 3(d) of the Indian Patents Act.Continue Reading Court interprets “known substance” in respect of Section 3(d) of the Patents Act

INTERPRETING ‘DIAGNOSTIC’ UNDER SECTION 3(I) OF THE PATENTS ACT

Section 3(i) of the Indian Patents Act makes patent ineligible “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”. Two recent Madras High Court decisions, in respect of  two separate appeals filed by the same Appellant, Chinese University of Hong Kong [CMA (PT) No. 14 of 2023 and CMA(PT) No. 1 of 2023] have deliberated upon the scope of “diagnostic” under Section 3(i) of the Patents Act, 1970. In both the cases, the Court, held that the word “diagnostic” in Section 3(i) of the Patents Act, should be construed, to consider processes that uncover pathology for the treatment of human beings, as being patent ineligible.Continue Reading Interpreting ‘Diagnostic’ under Section 3(i) of the Patents Act

Division Bench altering the interpretation of Section 16 of the Indian Patents Act

The order of the Division Bench (DB) of the Delhi high Court in Syngenta Ltd v Controller of Patents and Designs brought an overdue clarity on the interpretation of Section 16[1] of the Indian Patents Act, dealing with divisional patent applications.Continue Reading Division Bench altering the interpretation of Section 16 of the Indian Patents Act

Patent Licensing in times of Covid-19 Pandemic

The entire world has been grappling with the COVID-19 pandemic for some time now, and efforts are on to find a treatment protocol and vaccine. Several drugs and treatment therapies are being tried and tested to find a cure for this pandemic. In the middle of this fervent R&D activity, some questions come to mind — what about IP protection? How would companies commercialise a cure — if and when it is finally found? How would the cure be available to the public en-masse at affordable prices? Enter patent law and the aspect of Licencing.
Continue Reading To Protect or Not to Protect that is the Question : Patent Licensing in times of Covid-19 Pandemic