Search Indian IP Case Law
Judgments of the Supreme Court and the High Courts on patents, trade marks, copyright, designs and geographical indications — organised by Act and section, each with a link to the judgment on the court’s website.
5 results
· Section 117A · patents-act-1970
Bigtec Private Limited v. Assistant Controller of Patents and Designs
An objection that devising nucleotide probes or primers is routine experimentation lacking inventive step under Section 2(1)(ja) must engage with evidence of unexpected effects placed on record; and the Section 3(c) exclusion for …
BiotechnologyInventive StepPatent ProsecutionPrior ArtPatentsKroll Information Assurance, LLC v. The Controller General of Patents, Designs and Trademarks & Ors.
A computer-related invention overcomes the exclusion under Section 3(k) of the Patents Act, 1970 only where it is shown to produce a specific technical effect or advancement in the functioning of the underlying hardware, going bey…
Claim AmendmentComputer Related InventionsSection 3(k)Software PatentPatentsNatera Inc. & Anr. v. The Assistant Controller of Patents and Designs
The exclusion of diagnostic methods from patentability under Section 3(i) of the Patents Act, 1970 applies without distinction between in vivo and in vitro processes, and covers a method whose complete specification and final clai…
BiotechnologyClaim ConstructionPatent ProsecutionSection 3(i)PatentsSyngenta Participations AG v. Controller of Patents and Designs
Under Section 3(d) of the Patents Act, 1970, efficacy is not a fixed, uniform standard confined to therapeutic effect; its content depends on the field of the invention. For an agrochemical compound, a new polymorphic form demonst…
EfficacyInventive StepPatent ProsecutionPrior ArtPatentsTapas Chatterjee v. Assistant Controller of Patents and Designs & Anr.
A rejection for lack of inventive step under Section 2(1)(ja) must be supported by a structured, reasoned analysis identifying the skilled person, the inventive concept, and the specific differences from the cited prior art and wh…
Inventive StepKnown ProcessObviousnessPatent Prosecution