Madras High Court dismisses appeal against Controller’s order, finds Flipkart’s patent novel and inventive
“The entire case of Flipkart rested on the ground of lack of novelty and inventive features in the invention of the patentee.”
inventive step
Delhi HC remands process patent registration for fresh consideration; flags Asst. Controller’s mechanical approach and lack of application of mind
An invention must show an inventive step over prior art. However, the Patents Act, 1970 lacks clear guidelines to assess this, leading Examiners to decide applications and oppositions in a rule of thumb manner, purely based on their subjective opinions. This is, clearly, a thoroughly legally unsatisfactory position.
Delhi High Court remands patent application for Bifidobacterium longum for fresh consideration, due to insufficient examination of Novelty
Key issues under scrutiny include whether the properties attributed to this formulation of specific strain of Bifidobacterium longum are sufficiently distinct from prior art to merit patent protection and whether the claimed synergistic effects of the formulation demonstrate a significant technical advancement.
Delhi High Court upholds refusal of patent for Portable Vehicle Management System due to lack of novelty
Based on the detailed comparison and the combined teachings along with examples of common general knowledge, it is established that the claimed invention lacks an inventive step. The features of portability, comprehensive monitoring, and anomaly detection are either disclosed in or can be inferred from the prior arts.
Madras HC sets aside Controller’s order rejecting patent application of Microsoft Tech. claiming invention titled ‘Message Communication of Sensor and other Data’
Madras High Court said that the Controller is correct in stating that both the cited prior art and the claimed invention provide for the transmission of sensor data to a subscribing application, but the difference lies in how such data is transmitted.
Invention applicable in business but primarily related to technical process is not a business method; Madras HC remanded patent application for reconsideration
“The monopoly claim is not in respect of a business method but in respect of a claimed invention deploying hardware, software and firmware for purposes of data privacy and protection”
Invention not to be deemed a ‘computer programme per se’ solely due to use of algorithms and computer-executable instructions: Delhi High Court
It is essential for the Indian Patent Office to adopt a more comprehensive approach when assessing Computer Related Inventions (CRIs), considering technical effects and contributions provided by the invention rather than solely focusing on the implementation of algorithms and computer-executable instructions.