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.
4 results
for “Biotechnology”
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 ArtPatentsE.R. Squibb and Sons, LLC & Ors. v. Zydus Lifesciences Limited
In a quia timet action under Sections 48 and 108, a strong prima facie apprehension of imminent infringement, evidenced by the defendant's own regulatory and manufacturing conduct, can justify an interim injunction; and a biosimil…
BiotechnologyInterim InjunctionPatent InfringementPharmaceutical PatentPatentsMonsanto Technology LLC & Ors. v. Nuziveedu Seeds Ltd. & Ors.
Revocation of a patent on a counter-claim under Section 64 of the Patents Act, 1970 cannot be decided summarily; it presupposes a full trial in accordance with the Code of Civil Procedure, particularly where patent exclusion under…
Biotechnology PatentCounter-claimInterim InjunctionPatent EligibilityPatentsNatera 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)