Interpretation of Section 31 of Indian Patents Act, 1970
While the focus of the article is specifically on the interpretation of section 31, mentioning other relevant sections of the act and trying to understand the purpose of section 31 will help us interpret the section 31 correctly. Chapter VI of the Indian Patents Act, 1970 titled ‘Anticipation’ sets out the circumstances that are not […]
Successful Conclusion of National Patent Drafting Competition (NDPC) 2015
IIPRD, this year, with the support from Khurana & Khurana, Advocates and IP Attorneys (K&K), and Sughrue Mion PLLC, has launched a one of its kinds competition in India on Patent Drafting called as “National Patent Drafting Competition” or NPDC to promote the development of Patent Drafting as a Skill Set and encourage more and […]
The Curtain Raiser Formal Guidelines for Examination clarifying Patent Examination Position on Computer Related Inventions in India
The much-debated and iterated ‘Guidelines for Examination of Computer Related Inventions’ formally released by the Office of Controller of Patents finally dawns the light upon the much elusive position on Software and Business Method Patents in India. The Indian Software Patent ecosystem for years has been echoing various voices behind the curtains – from the […]
“Well, You have not made out prima facie case for Compulsory License”: Notifies Rajiv Agarwal, Controller General of Patents, Designs and Trademarks, to Lee Pharma!
In a major update for the patent circle (and of course Pharma industry), reportedly, Lee Pharma, a Hyderabad based Indian pharma company, which had filed a Compulsory Licensing (CL) Application on June 29, 2015, in India, against one of the patented drug Saxagliptin of AstraZeneca (used for treating Diabetes Mellitus), has failed to make out […]
Denial of Injunction on the grounds of Acquiescence and Delay by Plaintiffs: SRF Foundation v. Ram Education Society
Devina Choubal, an intern at Khurana & Khurana looks into grounds of denial of an injunction by analyzing the recent case of SRF Foundation v. Ram Education Society. FACTS: ‘SRF Foundation’ plaintiff no.1 is a registered non-profit society engaged in several social and community work including running schools such as “The Shri Ram School”. The […]
OMG! Over 2.26 lakh patent applications pending with Patent offices in India for approval…Why? Shortage of professionals says Commerce and Industry Minister!
In worrying statistics, Commerce and Industry Minister Nirmala Sitharaman, as reported in a news article dated 31st July 2015, informed parliament in a written reply to the Lok Sabha that as many as 2, 26, 339 patent applications are pending for approval with various Patent offices in India due to shortage of professionals. She also […]
Compulsory Licensing Application against the Patented Drug SAXAGLIPTIN by Lee Pharma
Lee Pharma, a Hyderabad based Indian pharma company, has filed a Compulsory Licensing (CL) Application (in accordance with Section 84(1) of the Indian Patents Act) against one of the patented drug Saxagliptin for treating Diabetes Mellitus. The Patent on Saxagliptin was granted to Bristol Myers Squibb (BMS) in India on 30th April 2007 having number […]
News Snippet: Novartis sues Cipla for infringement of patents covering “Onbrez”
In the latest update, Novartis has sued Cipla for infringing its patents on “Onbrez” (Indacaterol) after Cipla launched its generic version for Indacaterol in October claiming “urgent unmet need” for the drug in India. Earlier, as we have reported here, Cipla approached Govt. of India to exercise its statutory powers to revoke the five patents […]
Odisha Court Admitted Case Against Aamir Khan Production’s Proposed ‘Satyamev Jayate’ Use as Trademark
As per the sources, the court in the Odisha capital, Bhuvaneshwar has admitted a petition challenging Aamir Khan Production’s plans to use ‘Satyamev Jayate’, the national motto of India, as a business brand under which it is proposed to sell everything from kitchen utensils to footwear. A city-based journalist and social activist, Dr. Subash Mohapatra […]