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.
7 results
for “Claim Construction”
Boehringer Ingelheim International GMBH v. The Controller of Patents & Anr.
A divisional application under Section 16 is maintainable only where the claims of the parent application themselves disclose a plurality of distinct inventions; disclosure of additional inventions solely in the specification, wit…
Claim ConstructionDivisional ApplicationPatent ProsecutionPlurality Of InventionsPatentsCommunication Components Antenna Inc. v. Ace Technologies Corp. & Ors.
In assessing infringement at the interim stage, patent claims are to be given a purposive construction covering the substance of the claimed technical solution, and a defendant's unexplained refusal to disclose technical data pecu…
Adverse InferenceClaim ConstructionInterim InjunctionPatent InfringementPatentsCrystal Crop Protection Limited v. Safex Chemicals India Limited & Ors.
Where a complete specification and the patentee's own conduct during prosecution treat a claimed element as necessary to achieve the invention's stated technical effect, that element cannot later be characterised as non-essential …
Claim ConstructionDoctrine Of EquivalentsInterim InjunctionPatent InfringementPatentsF. Hoffmann-La Roche Ltd. & Anr. v. Cipla Ltd.
A patent claim for a chemical compound is not to be narrowed to a specific polymorphic or crystalline form merely because the specification discusses particular polymorphs, where the claim itself is drafted broadly to cover the co…
Claim ConstructionPatent InfringementPharmaceutical PatentPolymorphPatentsNatera 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 Limited v. Controller of Patents and Designs
Under Section 16 of the Patents Act, a divisional application is maintainable where the plurality of inventions is disclosed in the provisional or complete specification accompanying the parent application, irrespective of whether…
Claim ConstructionDivisional ApplicationPatent ProsecutionPlurality Of InventionsPatentsVifor (International) Ltd. & Anr. v. MSN Laboratories Pvt. Ltd. & Anr.
A product-by-process claim protects the novel product itself where the product cannot otherwise be defined by its structural features, and obtainable by language in such a claim is descriptive rather than limiting; infringement is…
Claim ConstructionInterim InjunctionNoveltyPharmaceutical Patent