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 “Prior Art”
Array Biopharma Inc v. Deputy Controller of Patents and Designs
A combination of distinct and independent active drugs, each with its own chemical identity and mechanism, does not fall under the Section 3(d) bar for derivatives of known substances. Using phrases such as 'for simultaneous, sepa…
Inventive StepMethod of TreatmentPharmaceutical CombinationPrior ArtPatentsDeepak Nitrite Limited v. The Assistant Controller General of Patents and Designs
It is wholly impermissible for the Controller, while exercising quasi-judicial powers under Section 15, to rely upon 'common general knowledge' as a self-sufficient ground for refusing a patent application without setting out and …
Common General KnowledgeFood Grade Sodium NitriteFree-FlowingImpurity ProfilePatentsIntra-Cellular Therapies, Inc. v. The Controller of Patents
Although the deuterated compound demonstrated approximately 72% higher parent-drug exposure in the blood, the comparative studies showed substantially similar pharmacological activity between the deuterated and non-deuterated comp…
Deuterated CompoundsHeterocycle-fused Gamma-carbolinesParent Drug ExposurePharmacological ActivityPatentsSulzer Mixpac AG v. Assistant Controller of Patents and Designs
Adjudication under the Patents Act has to be guided by the statute rather than by a mechanical, step-by-step application of judicial formulas. A patent decision cannot be overturned or deemed invalid solely because it did not stri…
Common Bar ElementInstallation BodyInventive StepObviousness