Proceedings seeking revocation of a Patent not same as those seeking a finding of Invalidity

In  its recent judgment dated January 15, 2025, in C.O. (COMM.IPD-PAT) 38/2022 Macleod Pharmaceuticals Ltd. Vs The Controller of Patents and Anr., the Delhi High Court (“DHC”) tackled some rather tricky but interesting questions, which have surfaced time and again in heavily contested patent infringement and invalidation proceedings in recent years, particularly in the pharmaceutical space.Continue Reading Proceedings seeking revocation of a Patent not same as those seeking a finding of Invalidity

Inventions addressing transaction security patentable under Indian Patents Act

In a recent judgement, the Delhi High Court, while hearing an appeal against an order of the Controller of Patents and Designs, which refused a patent grant, distinguished between a technical method and a business method while examining the technical contributions/ effects of an invention. In the impugned order, the Controller refused a patent application titled “Methods and Devices for Authentication of an Electronic Payment Card using Electronic Token” on the grounds that the claimed invention falls under Section 3(k) of the Patents Act (“Act”), categorising it as a business method and a computer programme, per se.Continue Reading Inventions addressing transaction security patentable under Indian Patents Act

The Calcutta High Court has established its Intellectual Property Rights Division (IPRD) and Intellectual Property Rights Appellate Division (IPRAD), marking an advancement in Intellectual Property law. This development, marked by a gazette notification dated September 20, 2024, which notified the Intellectual Property Rights Division Rules, 2023, adds Calcutta High Court to the list of those (Delhi, Madras and Himachal Pradesh) already engaged in implementing specialised regulations for Intellectual Property (IP) matters in India.Continue Reading Calcutta Joins the Ranks: Addition of another IP Division in India’s Legal Landscape

In a recent judgement dated November 28, 2024, the Madras High Court while hearing an appeal under Section 117A of the Patents Act, 1970 (“Act”), quashed an impugned order that the Controller of Patents and Designs (“Controller”) had passed, on grounds of non-application of mind and violation of principles of natural justice.Continue Reading Is it acceptable to file divisional application on the day of grant of parent application?

Semiconductor Partnerships: Key Considerations

Semiconductors, often just called ‘chips’, are the building blocks of modern technology, powering everything from smartphones to military equipment. These tiny devices have become cornerstones of global power and influence, driving geopolitical and economic competition. Unlike other partnerships and joint ventures (“JVs”), the semiconductor space has its own unique set of considerations, which go beyond the usual ones, like setting up the entity, equity contribution, right and obligations of parties and exit terms.Continue Reading Semiconductor Partnerships: Key Considerations

Procedural Fairness and Service Errors: Lessons from the Coaster Shoes Trademark Dispute

In a significant legal development, the Bombay High Court recently addressed crucial issues surrounding trademark opposition proceedings in Coaster Shoes Company Pvt. Ltd. v. Registrar of Trademarks & Anr vide a judgment dated August 16, 2024. The Court highlighted the importance of procedural fairness and the responsibility of the Registrar of Trade Marks (“Registrar”) to ensure completeness of service in trademark disputes.Continue Reading Procedural Fairness and Service Errors: Lessons from the Coaster Shoes Trademark Dispute

Invention that is a series of instructions does not meet the criteria for patent protection under Section 3(k) of the Patents Act

The Delhi High Court has recently rejected a BlackBerry Limited (hereinafter “Appellant”) appeal against the Assistant Controller of Patent’s refusal of its patent application in the field of wireless communication titled “Administration of Wireless Systems[1]”. The application was for an invention that manages wireless systems by configuring wireless client devices using both primary and secondary wireless servers. The ld. Assistant Controller of Patents and Designs rejected the application on the ground of non-patentability under Section 3(k) [2], stating that the subject patent application was directed towards set of instructions and which were purely functional and lacking any inventive hardware features. Continue Reading Invention that is a series of instructions does not meet the criteria for patent protection under Section 3(k) of the Patents Act

Reptilian showdown in Court

In a landmark decision that concluded a protracted legal saga, the Delhi High Court (“Court”) has recently resolved a 23-year dispute between two global fashion titans – Lacoste S.A. (“Plaintiff”) and Crocodile International Pte Ltd (“Defendant”). The Court issued a permanent injunction against the Hong Kong-based Crocodile International, prohibiting the use of the Crocodile trademark, which was found to infringe upon the iconic trademark of the French luxury sportswear brand, Lacoste.Continue Reading Reptilian showdown in Court

Background

In Mahesh Gupta v Assistant Controller of Patents and Designs, the Delhi High Court affirmed the refusal order issued by Assistant Controller of Patents and Designs (“Respondent”) against a patent application filed for “Portable Vehicle Management System”(“Subject Patent”). The Respondent refused the patent application on the grounds that it did not meet the inventive step requirement under Section 2(1)(ja) of the Indian Patent Act, 1970, and failed to qualify as an invention under Section 2(1)(j) of the Act.Continue Reading Portable Vehicle Management System Denied Patent