India Patent Cases
2,847 decisions indexed
Page 16 of 95 · 2,847 total
AMST – SYSTEMTECHNIK GMBH v.Government of India
The petitioner challenged an order treating its Patent Application No.3022/CHENP/2011 as withdrawn due to failure to request examination within the stipulated period. The court considered the sequence of events, noting that the petitioner intended to prosecute the application and citing previous judgments where similar facts led to non-withdrawal.
Bristol Myers Squibb Company v.Deputy Controller of Patents & Designs
Bristol Myers Squibb challenged communications from the Deputy Controller of Patents & Designs regarding Patent Application No. 5948/CHENP/2014, arguing that additional documents submitted by the opponent (Indian Pharmaceutical Alliance) should not be considered due to procedural non-compliance. The court ultimately declined to interfere with the decision to receive these documents but directed that the proceedings must conclude expeditiously within three months.
Caleb Suresh Motupalli v.Controller of Patents
The petitioner filed a Review Application challenging the judgment that rejected his appeal regarding Patent Application No.5606/CHENP/2012. The petitioner argued there were patent errors concerning Sections 10(4) and 3(k), specifically related to technical effect on hardware. However, the High Court dismissed the review application, finding no error apparent.
Akebia Therapeutics, INC. v.The Controller of Patents and Designs, Government of India
Akebia Therapeutics appealed the Assistant Controller's order rejecting its patent application (No. 201647000423). The rejection was primarily based on the argument that amending the original method-of-treatment claim to a pharmaceutical composition claim violated Section 59(1) of the Patents Act, 1970. The High Court set aside this order and remanded the matter for re-consideration.
Macleods Pharmaceuticals Ltd v.The Controller Of Patents & Anr.
The review petition was filed by Respondent No. 2 challenging the original judgment dated January 15, 2025. The core dispute revolved around whether raising a defense of invalidity in an infringement suit (Section 107) prevents the patentee from filing a separate revocation petition (Section 64).
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The Appellant challenged demands raised by the Department regarding non-payment of service tax on royalty charges collected from group companies for using the "TTK" logo. The Department argued that the logo was used as a Trademark, attracting IPR Service Tax. The Appellant contended that the logo was registered as an artistic work under the Copyright Act and thus exempt.
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The Appellant challenged demands raised by the Department regarding non-payment of service tax on royalty charges collected from group companies for using the "TTK" logo. The Department argued that the logo was used as a trademark, attracting IPR Service Tax. The Appellant contended that the logo was registered as an artistic work under the Copyright Act and thus exempt.
R J Reynolds Tobacco Company (Sr ...) v.The Controller General Of Patents Designs And Trademarks
R J Reynolds Tobacco Company challenged an order by The Controller General of Patents and Designs, which had refused its patent application. The refusal was based on Section 3(b) of the Patent Act, citing concerns over public order or morality due to the nature of tobacco products. The appellant argued that the process—a method for preparing a sugar-containing syrup from Nicotiana species stalk (tobacco flavourant)—should not be rejected simply because all forms of tobacco are injurious. The court directed the Controller to take necessary instructions before further proceedings.
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The Appellant challenged demands raised by the Department regarding non-payment of service tax on royalty charges received for using the "TTK" logo. The Department argued that the logo was used as a Trademark, attracting IPR Service Tax. The Appellant contended that the logo was registered as an artistic work under the Copyright Act and thus exempt.
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The appeal concerned the non-payment of service tax on royalty charges received by M/s. T.T. Krishnamachari & Co. from group companies for using the 'TTK' logo. The Department alleged that the logo was used as a Trademark, attracting IPR Service Tax. The Appellant argued that the logo was registered as an artistic work under the Copyright Act and thus exempt.
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
M/s. T.T. Krishnamachari & Co appealed against demands for service tax on royalty charges collected by group companies for using their logo "TTK". The Department argued that the logo was used as a Trademark, attracting IPR Service tax. The Appellant contended that the logo was registered as an artistic work under Copyright Act and thus exempt from service tax.
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The Appellant challenged demands raised by the Department regarding non-payment of service tax on royalty charges collected from group companies for using the "TTK" logo. The Department argued that the logo was used as a Trademark, attracting IPR Service Tax. The Appellant contended that the logo was registered as an artistic work under the Copyright Act and thus exempt.
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The Appellant, engaged in trading and distribution of consumer durables and health care products, was charged service tax on royalty received for using its logo "TTK" across group companies. The Department argued the logo functioned as a Trademark (IPR Service), while the Appellant contended it was registered as an artistic work under the Copyright Act, exempting it from IPR service tax. The Tribunal set aside the impugned order in favor of the Appellant.
Indian Institute Of Science (Oa ...) v.The Asst. Controller Of Patents And Designs
The appellant challenged an order by the Assistant Controller of Patents that rejected a patent application related to microfluidic apparatuses for quantifying component concentration. The appeal argued that the rejection was arbitrary, lacked independent application of mind, and violated principles of natural justice due to the absence of reasoned justification.
Kemin Industries, Inc. v.The Controller of Patents
Kemin Industries appealed an order rejecting its patent application concerning the use of Ferulic Acid Esterase (FAE) combined with four main chain degrading enzymes in monogastric animals. The appellant argued that the specific combination provided synergistic effects and was not obvious from prior art. The High Court allowed the appeal, setting aside the rejection and directing the patent application to proceed for grant.
Ashish Padia v.Worldfa Exports Pvt Ltd
The plaintiff, Ashish Padia, filed a commercial suit against Worldfa Exports Pvt Ltd alleging infringement of several registered IP rights, including patents, designs, and copyright related to various bowl products. The court issued an order settling the issues and directing both parties to file their respective lists of witnesses and evidence for further proceedings.
Nissan Motor Co. Ltd. v.The Controller Of Patents And Designs and Anr.
Nissan Motor Co. Ltd appealed an order by the Controller rejecting its patent application (3623/KOLNP/2013) due to lack of inventive steps. The court set aside the rejection, finding that certain cited prior art documents (D5 and D8) were inadmissible because they were published after the priority date.
University of Washington v.The Assistant Controller of Patents and Designs
The University of Washington appealed a rejection order by the Assistant Controller of Patents and Designs regarding its patent application for methods using cell-free DNA to identify diseases. The original rejection was based on Section 3(i) of the Patents Act, arguing that the method found application in diagnostics. The High Court set aside this order, clarifying that Section 3(i) applies only if the invention 'per se disclose pathology' to a person skilled in the art.
The Chinese University of Hong Kong v.The Assistant Controller of Patents and Designs
The Chinese University of Hong Kong appealed an order rejecting its patent application for a method related to detecting genetic aberrations associated with cancer. The appellant argued that the rejections under Sections 3(i), 3(k), and 10(4)(c) were flawed, citing lack of reasoning and procedural unfairness. The High Court set aside the impugned order and remanded the matter for fresh consideration.
University of Washington v.The Assistant Controller of Patents and Designs
The University of Washington appealed the Assistant Controller's order rejecting its patent application (No. 201747006075). The rejection was primarily based on Section 3(i), arguing that the method for detecting tumor-derived cell-free DNA falls under diagnostic processes and is therefore not patentable. The High Court set aside the impugned order, clarifying that Section 3(i) applies only to inventions that 'per se disclose pathology' to a person skilled in the art, and remanded the matter for reconsideration.
The Chinese University of Hong Kong v.The Assistant Controller of Patents and Designs
The Chinese University of Hong Kong appealed an order rejecting its patent application for a method to detect genetic aberrations associated with cancer. The appellant argued that the rejection was based on flawed reasoning regarding Sections 3(i), 3(k), and 10(4)(c) of the Patents Act, 1970. The Madras High Court set aside the impugned order and remanded the matter for re-consideration.
Play Games 24X7 Private Limited v.R Y Easy Shop Private Limited & Anr.
The Delhi High Court issued an order in the trademark and copyright infringement suit filed by Play Games 24X7 Private Limited. The plaintiff informed the court that they had identified additional entities infringing their intellectual property rights and would seek impleadment of these parties. The court directed the matter to be listed before the Joint Registrar on April 23, 2025, while continuing the existing interim order.
Milliken And Company v.Controller Of Patents And Designs & Anr.
Milliken And Company appealed the Assistant Controller's order refusing to grant an Indian patent application. The appellant argued that the Controller failed to consider a crucial expert statement by Dr. Nathan A Mehl. The High Court found merit in the appeal, holding that foreign decisions are not binding and directing the matter back for fresh consideration.
Bionorica Se v.Union Of India And Ors
Bionorica Se appealed against a rejection order passed by the Patent Controller, which cited non-compliance with Section 10(4)(b) of the Patents Act. The appellant argued that the rejection was perverse and lacked reasoned application of mind. The High Court set aside the impugned order, finding it cryptic and unreasoned, and remanded the matter back to the Controller for a fresh hearing on merits.
Ciena Corporation v.Union Of India & Ors.
Ciena Corporation challenged the deemed abandonment of its Indian patent application, which was issued by the Patent Office due to failure to respond to a First Examination Report (FER). The petitioner argued that this lapse was solely attributable to an inadvertent mistake made by their patent agent. The Delhi High Court agreed with Ciena, holding that an applicant should not suffer consequences for the bona fide errors of their legal representatives or agents. Consequently, the court set aside the abandonment letter and restored the application, granting a final opportunity to prosecute the patent.
Sonani Industries Pvt. Ltd v.Galactica Processing Technologies Llp
Sonani Industries challenged an impugned High Court order regarding its patent rights concerning Diamond Holding Devices. The Supreme Court conditionally dismissed the Special Leave Petition, finding that the petitioner's interests were protected while directing parties to resolve the underlying suit and post-grant objections within specified timelines.
Fresenius Kabi Ipsum Srl v.The Asst Controller Of Patent And Designs & Anr.
Fresenius Kabi Ipsum Srl filed an appeal under Section 117A of the Patents Act, 1970, challenging the order dated November 21, 2024, which refused Patent Application No. IN201611009993. The court issued notices and set dates for further submissions.
BASF SE v.JOINT CONTROLLER OF PATENTS AND DESIGNS AND ORS
BASF SE appealed a rejection order concerning its patent application for 'CRYSTALLINE MODIFICATIONS TO PYRACLOSTROBIN' (Form IV modification). The appellant argued that the 18-year delay in disposal violated natural justice and that the rejection was erroneous on merits. The court set aside the impugned order, primarily due to the egregious delay.
Shaperon Inc. v.Assistant Controller of Patents and Designs, Government of India
Shaperon Inc. appealed the rejection of its patent application concerning compositions for treating allergic skin disorders containing GPCR19 agonists. The rejection was based on lack of novelty, inventive step, and non-patentability under Section 3(e). The High Court set aside the impugned order and remanded the matter for reconsideration.
Jay Switches India Pvt. Ltd. v.Sandhar Technologies Ltd.
The suit was filed by Jay Switches India Pvt. Ltd. against Sandhar Technologies Ltd. & Ors for alleged infringement of a patented 'Air Tight Fuel Cap' and a registered design 'Fuel Tank Cap', along with claims of passing off. The court proceeded to frame issues based on the pleadings, including counterclaims regarding the novelty and inventive step of the Plaintiff's IP rights.
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