Critical Analysis: Intra-Cellular Therapies, Inc. v. Controller of Patents (2026:DHC:5394) C.A.(COMM.IPD-PAT) 24/2023 | Delhi High Court | Decided: 06.07.2026 I. Doctrinal Analysis: Novelty and the "Coverage vs. Disclosure" Question A. The genus-species anticipation problem The core novelty dispute was a classic Markush-genus-versus-species-selection issue. The appellant argued that arriving at the claimed species from the generic Formula I of D1/D7 required " multiple selections " among independent variables (R1–R6), and that the Controller impermissibly relied on more than one prior art document to construct a single "closest prior art" novelty attack — a submission with real doctrinal pedigree, since novelty (unlike obviousness) is ordinarily tested against a single prior document read as a whole. The Court's response — invoking AstraZeneca AB and Boehringer Ingelheim v. Vee Excel — collapses the " covered vs. disclosed " dist...
China Unveils Major Amendments to Patent Examination Guidelines: New Standards for AI, Biotechnology, and Dual Filings Take Effect January 1, 2026
Summary The China National Intellectual Property Administration (CNIPA) has announced comprehensive amendments to the Patent Examination Guidelines, effective January 1, 2026. The revised Guidelines introduce significant changes to inventor disclosure requirements, dual filing procedures, inventiveness assessment standards, re-examination protocols, and specialized examination criteria for artificial intelligence and bitstream-related inventions, marking a substantial modernization of China's patent examination framework. Overview of the Revised Guidelines On January 1, 2026, the China National Intellectual Property Administration (CNIPA) will implement substantially revised Patent Examination Guidelines , introducing fundamental changes to patent examination procedures, substantive assessment criteria, and administrative practices. These amendments represent the most comprehensive update to China's patent examination framework in recent years, addressing emerging technolog...