A patent (defined in section 2(1) (m)) is a type of intellectual property that gives its owner the legal right to exclude others from making, using or selling an invention for a limited period of time in exchange for disclosure…
Monsanto Technology LLC, one of the world's leading seed company, was smacked by the decision upheld by the Division bench of Delhi High Court in an appeal that was preferred by them against the order of Delhi High Court single…
This article focuses on the revocation proceedings which is one of the mechanisms available for annulations of Patents in India. What is revocation of a patent? When a patent has been sealed or granted, it is not always the case…
Patent Act, 1970 provides opposition/ revocation mechanisms to make sure that undeserving Patents are not granted in contravention of the provisions of the Act and if they are granted, they can be opposed/ revoked. Grant of patent can be opposed…
Recently in a matter remanded from IPAB to Controller of Patents, Chennai, a decision of revoking Roche's patent IN207232 for Valganciclovir was delivered after hearing both the parties. The subject patent was granted on January, 2009 followed which post grant…
As reported in TOI, the Indian Government has found very little merit in Cipla’s plea for waiver and cancellation of Patent rights for chronic obstructive pulmonary disease (COPD) drug over which Novartis has exclusive rights. We have reported on Cipla’s…
It has been recently reported in Economic times that Cipla has filed representation with the government (Department of Industrial Policy & Promotion) seeking revocation of five patents of Novartis on indacaterol, a respiratory drug for the treatment of chronic obstructive…
Gopikrishnan M and Akash Patel, interns at Khurana and Khurana, Advocates and IP Attorneys, look at the Central Government’s power of Revocation of Patent in Public Interest. The Indian Patent Act,1970(hereinafter Act) empowers the Central Government to revoke any patent…
GSK’s granted patent IN221171 (‘171) on lapatinib ditosylate (marketed as Tykerb), a tyrosine kinase inhibitor for treating breast cancer, was revoked by IPAB by its order of 27th July 2013. A revocation application was filed by Fresenius Kabi Oncology Limited.…
This article relates to a recent judgment of IPAB on 12’th July 2012 on the revocation of an Indian Patent IN 195937, wherein certain interesting aspects relating to developing standards for revocation under Section 8 of the Indian Patent Act,…