patentability Archives

mechanical approach in process patent registration order

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.

Case Briefs High Courts

Need to reconsider exclusions under S. 3(k) of the Patents Act in view of growing innovations: Delhi High Court

Many inventions in emerging technologies including by SMEs, start-ups and educational institutions can be in the field of business methods or application of computing and digital technologies, therefore, there is a need to reconsider the exclusions in Section 3(k) of the Patents Act, 1970, in view of the growing innovations.