Search Results for "Patents Act, 1970"

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Bombay High Court Allows Petition Against Refusal of Patent for Free-Flowing Food Grade Sodium Nitrite. Impugned Order Set Aside for Lack of Reasoning and Failure to Assess Invention as a Whole.

The Petitioner, Deepak Nitrite Limited, filed a petition under Section 117A of the Patents Act, 1970, challenging an order dated 2nd March 2023 passed...

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Bombay High Court Dismisses Patent Infringement Suits as Patents Were Revoked Prior to Filing. Summary Judgment Granted Under Order XIII-A CPC as Plaintiff Had No Locus Standi to Sue for Infringement of Revoked Patents.

The plaintiff, Bharat Bhogilal Patel, filed two suits for infringement of two patents granted in 2003. The defendants, TVS Electronics Ltd. and Kalelk...

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High Court Sets Aside Patent Opposition Dismissal for Lack of Reasoning and Non-Application of Mind. The court quashed the Deputy Controller's order as it failed to provide reasons and assess prior art under Section 25(2)(c) of the Patents Act, 1970, violating principles of natural justice.

The dispute arose from a post-grant opposition filed by the petitioner under Section 25(2)(c) of the Patents Act, 1970, challenging Patent No. IN 2830...

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Bombay High Court Quashes Controller's Refusal of Patent Registration Due to Non-Consideration of Arbitral Award and Deed of Assignment. Failure to Appreciate Evidence and Raise Objections in Examination Report Renders Order Unsustainable Under Section 15 of Patents Act, 1970.

The petitioner, Euro-apex B.V., entered into a licence agreement with Shinhan Apex Corporation in 1993, authorizing the latter to manufacture and sell...

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Madras High Court Dismisses Appeal Against Patent Refusal for Lack of Inventive Step and Enablement. Controller's order upheld as amended claims were not enabled and lacked inventive step under Patents Act, 1970.

The appellant, Caleb Suresh Motupalli, filed a patent application for an invention titled 'Necktie Persona-Extender/Environment-integrator and method ...

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Bombay High Court Dismisses Bayer's Challenge to Compulsory License for Nexavar Under Section 84 of Patents Act, 1970. Court Holds That Patentee's Import of Drug at High Price Does Not Satisfy Reasonable Requirements of Public or Constitute Working of Invention in India.

The petitioner, Bayer Corporation, a US-based pharmaceutical company, held a patent for the drug Sorafenib Tosylate, sold under the brand name Nexavar...