Patent

Part II: Diagnostic method patents in India


Part I provides factual context to the post below. Interpreting Section 3(i) Section 3 is the key section on “patent eligibility” and lists out what are not “inventions” under the Indian Patents Act. One such non-eligible patentable subject matter is listed in Section 3(i): “Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic…


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Patent

Part I: Diagnostic method patents in India


In March 2023, the Delhi High Court will consider two significant rejections by the Patent Office (PTO) that will determine the fate of diagnostic method patents in India. The PTO recently rejected EMD Millipore’s patent application involving IR based spectroscopy and Sequenom’s patent application involving non-invasive prenatal genetic diagnostics on the grounds that both inventions were not patent eligible under Section 3(i) of the Patents Act, 1970.  This provision excludes diagnostic processes from patent protection. Both rejections have been challenged…


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Copyright Drug Regulation Patent Trademark

SpicyIP Weekly Review (December 20- December 26)


Happy holidays to all our readers! After another eventful week on the blog, we are here with our weekly reviews summarizing the 5 posts covered on the blog along with 19 case summaries and other national and international IP developments.   Highlights of the Week IP Reveries: Class 5.2 – Interrogating India’s Drug Regulation System Prof. Antilegend and his class are back! This time the discussion ventures further into the Indian drug regulatory system and the class learns more about…


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Drug Regulation Trade Secret

IP Reveries: Class 5.2 – Interrogating India’s Drug Regulation System


Prof Antilegend is back to greet you all on this yuletide! After brooding over the basics in the last class, this session (i.e. class 5.2) sieves through the Indian drug regulation system, which has attracted much attention in the last few months. For the previous class, please go here. And if this is your first time coming across the IP Reveries series, you can see what it is about as well as get links to our previous classes in the…


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Patent

SpicyIP Tidbits: IPO deals with formalities and reasons!


We have two interesting IPO related tidbits for you. Read on ahead! 1. The Delhi Court rebuked the incomprehensible reasoning of the Assistant Controller of Patents & Designs: The incomprehensibility of judgments is not a new issue, and the Supreme Court has even given some tips for judgment writing recently. Surprising no one though, it still happens repeatedly, and this time a court gnashed at a gobbledygook(y) order. The Delhi High Court, in Art Screw Co., Ltd. vs The Assistant…


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Others

Gone With the Wind: Where to Find the Repository of IPAB Orders? 


We’re pleased to bring to you a guest post by one of our interns, Gaurangi Kapoor, on the inaccessibility of orders and other resources post the takedown of the IPAB website. Gaurangi completed her LLM in IP and Technology law from Jindal Global Law School in 2022. Her current areas of interest are copyright, design and artificial intelligence.  Gone with the wind: Where to find the repository of IPAB orders?  Gaurangi Kapoor Recently a criminal contempt proceeding has been initiated…


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Trademark

Delhi High Court Directs the Trademarks Registry to Transfer 5 Rectification Applications


Last month Delhi High Court in Jumeirah Beach Resort Llc vs Designarch Infrastructure Pvt Ltd., directed the Trademarks Registry to transfer five pending rectification applications to it. While the court itself identified that there is no provision within the Trademarks Act that authorizes it to pass such an order, it nonetheless saw “no difficulty in directing the said transfer.” The court justified this on two grounds- 1) If the Registrar of the Trademark can ‘refer’ the matter to the court…


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Trademark

SpicyIP Tidbits: Delhi High Court Imposes Humongous Costs on Habitual Cybersquatter 


In a case concerning allegations of trademark infringement by cybersquatting and passing off,  Delhi High Court imposed damages worth a whopping INR 2 Crores on the Defendant! The Defendant, one Namase Patel, was alleged to possess hundreds of domain names with deceptively similar domains- addobe.com and adobee.com. Furthermore, it was alleged that the defendant uses a catch-all function that enables them to have access to all the emails where the domain name of the recipient is misspelled. The plaintiff also…


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Copyright Geographical Indication Patent Trademark

SpicyIP Weekly Review (December 13-December 19)


  Summarizing the three posts covered on the blog last week, we bring to you 17 case summaries, and other national and international IP developments. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! Also we are thankful for the comments from our readers on the format of the weekly reviews, we have tried something new this time. Do let us know how you like it! Highlight…


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Patent

DHC rules on Jurisdiction for Revocation Petitions and Appeals Post Dissolution of IPAB


Recently, the Delhi High Court delivered an important decision that clarified the jurisdiction of High Courts post the enactment of the Tribunal Reforms Act, 2021 (TRA), which dissolved the IPAB (Intellectual Property Appellate Board). As Praharsh noted in our weekly review, the question debated in this judgment was whether after the dissolution of the IPAB, a party could approach any High Court with revocation applications (under Section 64 of the Patents Act, 1970) and appeals (under Section 117A of the…


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