IP And Trademarks 24 September 2026
ITC Challenges Tobacco Patent Over Obviousness Claim
The Indian Trademark Office (ITC) has opposed a recently granted patent covering smoking tobacco, arguing that the invention lacks inventive step and is obvious under Indian patent law. BananaIP outlines the legal reasoning and potential impact on future patent litigation.
The ITC has moved to block a patent that claims a method for smoking tobacco, asserting the invention is obvious and does not meet the inventive step requirement under Indian law.
- Obviousness argument: The ITC cites prior art that makes the claimed method predictable.
- Legal impact: A successful opposition could set a precedent for stricter scrutiny of similar patents.
For the full analysis, see the original article on BananaIP.
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