Patents Act

Reforming Patentability in Nuclear Technology: Unpacking the Amendment to Section 4 of the Patents Act, 1970

Summary: The article examines the recent amendment to Section 4 of the Patents Act, 1970, which now permits limited patenting of nuclear energy inventions for peaceful uses, subject to stringent safeguards under the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025. While this liberalises innovation in nuclear technology, there are certain carve outs for sensitive areas. Ultimately, the objective will be to understand the positives as well as the continuing hurdles post this change.Continue Reading Reforming Patentability in Nuclear Technology: Unpacking the Amendment to Section 4 of the Patents Act, 1970

A Legal Analysis of Koninklijke Philips Electronics N.V. v. Maj. (Retd.) Sukesh Behl & Anr.: Patent Enforcement and Infringement Liability

Introduction

The case of Koninklijke Philips Electronics N.V. v. Maj. (Retd.) Sukesh Behl & Anr. is a landmark judgment in Indian patent law, particularly concerning Standard Essential Patents (SEPs) and intellectual property enforcement. This judgment resolves three interconnected suits filed by the Plaintiff Philips relating to the infringement of Indian Patent No. 218255, which pertains to a “Method of Converting Information Words to a Modulated Signal”.Continue Reading A Legal Analysis of Koninklijke Philips Electronics N.V. v. Maj. (Retd.) Sukesh Behl & Anr.: Patent Enforcement and Infringement Liability

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

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?

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

Court settles patentability of man-made and novel non-living substance

An appeal was filed by Genmab A/S (hereinafter “Applicant” or “Appellant”) against an order dated May 30, 2016, which had rejected its’s Indian Patent Application No.4718/CHENP/2007. The application claimed priority from US Application No.60/667,579 dated April 1, 2005. A first examination report was received on February 27, 2013, and various objections were raised in view of certain prior arts and the patent application was considered not patentable under Section 3(j), 3(e), 3(i) and 3(c). The appellant revised its claims while responding to the examination report, leading to a hearing. However, the application was rejected as the application was thought to lack any inventive step, and patent ineligible under Section 3(c)[1].Continue Reading Court settles patentability of man-made and novel non-living substance

Google LLC (hereinafter, “appellant”) submitted its application for a patent titled “Managing Instant Messaging Sessions on Multiple Devices”[i] to the controller of patents and designs on July 13, 2007, claiming priority from a US patent application.[ii] The application discloses the feature for transferring instant messaging sessions concurrently between devices and gives users the choice to mirror / refresh sessions interrupted by idle or away states. It provides flexibility in managing instant messaging sessions and a seamless continuation of conversations.Continue Reading Delhi HC dismisses instant messaging patent appeal