PATENT
Delhi High Court Sets Aside Rejection Of Patent For VIB's Oral Protein Delivery Invention
The Delhi High Court has set aside the Controller of Patents' refusal of a patent application filed by VIB VZW, a Belgium-based life sciences research institute for an invention relating to oral delivery of therapeutic proteins, holding that the patent authority failed to consider the applicant's submissions and passed an unreasoned order.Justice Jyoti Singh held that the failure to engage with the applicant's detailed response defeated the patent examination process itself. “Not according...
Delhi High Court Sets Aside Patent Rejection Of Biotyx Medical, Slams Hindsight Analysis
The Delhi High Court on 19 May set aside an order of the Assistant Controller of Patents and Designs that had refused to grant a patent to Biotyx Medical Shenzhen Co. Ltd for its invention titled “Absorbable Stent.” A Bench of Justice Jyoti Singh held that the rejection relied on hindsight analysis and failed to follow settled principles of patent law, and remanded the matter to the Controller for fresh consideration within four months. She noted that the Controller recorded Biotyx's...
Delhi High Court Revives University Of North Texas' Patent Bid For Marijuana Detection Breathalyser
The Delhi High Court has recently set aside the Indian Patent Office's refusal of a patent application filed by the University of North Texas for a breathalyser technology intended to detect cannabinoids, including THC, from breath samples. Justice Jyoti Singh, who heard the appeal, held that the rejection order could not be sustained as it failed to properly assess the claimed invention's patentability. “The conclusion is thus cryptic and unreasoned on as to how the use of a heating element...
Delhi High Court Rejects Neurocentria Plea To Alter Priority Date To Overcome Missed Patent Deadlines
The Delhi High Court on 18 May dismissed the appeal filed by US-based pharmaceutical company Neurocentria Inc and upheld the October 2024 order of the Deputy Controller of Patents treating the Indian patent application as deemed withdrawn. Justice Jyoti Singh held that a patent applicant cannot seek to retrospectively disclaim its earliest priority date through a belated amendment in order to bypass mandatory statutory timelines under the Patents Act, 1970, including deadlines for national...
Delhi High Court Quashes Unreasoned Patent Refusal To AbbVie, Flags Inconsistent Maintainability Findings
The Delhi High Court on 29 April set aside an order of the Deputy Controller of Patents and Designs refusing a patent application filed by Abbvie Ireland Unlimited Company, holding that refusal orders must be reasoned and that divisional applications cannot be rejected on inconsistent maintainability grounds without proper analysis of the record. Justice Jyoti Singh quashed the order and remanded the matter for fresh consideration. She observed: “Refusing a patent application is a serious...
Delhi High Court Sets Aside Rejection Of JFE Steel's Patent For Electrical Steel Sheet Manufacturing Method
The Delhi High Court has set aside a patent rejection order passed against JFE Steel Corporation. It held that the Controller of Patents should ordinarily not reject a patent application on a single technical ground while leaving other objections undecided, as such an approach could unfairly consume the limited 20-year patent term through repeated remands and appeals. A bench of Justice Tushar Rao Gedela observed that patent applications must be considered as a whole. It said the Controller...
Delhi High Court Sets Aside Royalty Order Against DVD Makers Over Philips' DVD Decoding Patent
The Delhi High Court has set aside a 2018 decree that had directed two DVD player makers to pay royalty to Dutch electronics company Koninklijke Philips Electronics NV for alleged infringement of its DVD decoding technology patent while also quashing punitive damages awarded against one of them.A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla allowed appeals by K.K. Bansal of Bhagirathi Electronics and his son Rajesh Bansal of Mangalam Technology, holding that Philips...
Himachal Pradesh HC Refuses To Throw Out Swiss Company's Patent Suit Against Indian Wire Mesh Manufacturer
The Himachal Pradesh High Court has refused to throw out a patent infringement suit filed by Swiss company Geobrugg AG against Indian manufacturer Techfab (India) Industries Limited. The suit alleges that Techfab infringed its patented wire mesh technology used to protect against rockfalls, landslides, and avalanches. Justice Sandeep Sharma rejected Techfab's plea seeking dismissal of the suit at the threshold. Techfab had argued that the case was filed in the wrong court, that the buyer of the...
Delhi High Court Sets Aside Rejection Of South Korean Pharma's Patent Application, Orders Fresh Review
The Delhi High Court has set aside a Controller of Patents order refusing South Korean pharmaceutical company Hanmi Pharm Co. Ltd.'s patent application for a pharmaceutical compound and its manufacturing process, finding that the Controller had entirely failed to consider the process claims submitted by the applicant. Justice Tushar Rao Gedela, in an order dated May 11, 2026, remanded the matter to the Patent Office for fresh consideration. The Court directed that Hanmi Pharm be given a fresh...
Delhi High Court Upholds Rejection Of Patent Application For Counterfeit Product Detection System
The Delhi High Court has dismissed an appeal against the rejection of a patent application for a counterfeit product detection system, holding that the invention failed to meet statutory disclosure requirements because the complete specification did not sufficiently explain how it would actually work. Justice Tushar Rao Gedela, in a judgment delivered on May 11, held that while the invention proposed a consumer-friendly mechanism to verify genuine products using visible and hidden codes, the...
Bombay High Court Rejects TVS, Kalelkar Pleas To Dismiss Laser Marking Patent Suits; Imposes ₹1 Lakh Costs
The Bombay High Court has refused to throw out patent infringement suits over laser marking and engraving technology filed by inventor Bharat Bhogilal Patel against TVS Electronics Limited and Kalelkar Surgicals Private Limited, holding that the dispute must go to trial. The court also imposed ₹1 lakh costs on both. “Several triable issues will arise, and thus, the question of a summary dismissal of the Suits at this stage does not arise,” Justice Arif S. Doctor said. Patel's suits relate to...
Delhi High Court Restrains Pronton Plast Pack From Manufacturing Containers Infringing Mold Tek Patents
The Delhi High Court has granted and continued an interim injunction in favour of Mold-Tek Packaging Limited, restraining Pronton Plast Pack Pvt. Ltd. and its agents from manufacturing or selling plastic containers and lids that prima facie infringe two patents held by Mold-Tek. Justice Tejas Karia, in a judgment pronounced on April 30, 2026, held that Mold-Tek had made out a prima facie case of patent infringement and that permitting Pronton to continue dealing in the impugned products would...