Frand-ing Licenses and Its Implication in Landmark Cases in India
Every day, a number of products are being invented all over the world, some cascading over the improvement of existing inventions, and the others, portraying a unique set of methods and products unknown to man at large. Simultaneously, there is an eruption of infringements that remain unnoticed or noticed following an incredulous load of proceedings […]
Expedited examination and non-expedited (normal) examination: Who can file request for examination?
With effect from May 16, 2016 (effective date for Patent (amendment) rules, 2016), provision of expedited examination was introduced in the Patent system of India. This article does not intend to discuss the different timelines within which request for examination has to be filed in different situations, rather article is restricted to the eligibility of person […]
Obtaining a Certificate of Recognition from DIPP for IPR benefits
“A start-up would now require only a certificate of recognition from the Department of Industrial Policy and Promotion (DIPP) and would not be required to be examined by the inter-ministerial board, as was being done earlier. This is one rapid change that we have brought in,” said Nirmala Sitharaman, Minister of Commerce and Industry in […]
Effect of Union Budget, 2017 on the R&D/ Intellectual Property Practices in India
Union budget that was highly waited for (after demonetization) had gained more attention also due to preponing to February 01, 2017. As a matter of fact, every year budget has certain impact on various industries including IP industry and R&D sectors. In this article, we will try to analyze possible effects of 2017 budget on […]
REVOCATION OF PATENTS ACCORDING TO INDIAN PATENT ACT, 1970: INSIGHT
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 that the patent shall stay unhindered by any third party till the life of the […]
Section 3 (K) of Indian Patent Act: Case Study
Ms. Anjana Mohan, intern at Khurana and Khurana, Advocates and IP Attorneys attempts to analyze case study related to section 3 (k) of Patent Act, 1970. Accenture Global Service Gmbh (Appellants) V Assistant Controller of Patents & Design and the Examiner of Patents (Respondents) Citation: OA/22/2009/PT/DEL and Miscellaneous Petition No. 118/2012 in OA/22/2009/PT/DEL Hon’ble Judges/Coram: Prabha Sridevan, […]
India: Do we need Patent Term Extension and Non-Patent Exclusivities for Pharmaceuticals?
India, though in a phase of rapid economic development, still has the bane of poverty. In this country, around 22% of the population is Below the Poverty Line [1], and hence most of the nation’s policies are oriented towards the poor. India’s IP Policy is no different, as the IP legislature in India is mostly oriented […]
First Symposium of IIPRD in 2017
After successfully conducting several symposiums in 2016, IIPRD is coming up with one-day seminar on software and electronics patent portfolio with focus on preliminary preparation, prosecution, and litigation in India and US. While the programme is being organized in Pune on February 23, the one in Bengaluru will be hosted February 24. The seminar is being arranged […]
Analysis of the rejection of Lumacaftor (Polymorph) patent application in India
We have been receiving requests from our Pharma clients/readers of the blog for the analysis of the decision/ facts that led to rejection of Lumacaftor (Polymorph) patent application in India since last year. Here is our take: Details of the Patent Application and important dates: Patent application number in India 2056/KOLNP/2010 Title of the invention […]
A Primer to Patent Application Drafting with special emphasis on standard practise(s) before the Indian Patent Office
An enforceable Patent being the key to effective Commercialization/Out-Licensing of any technology needs to be drafted well. No matter how good a technology is, if the description of the technical subject matter of a Patent is not enabling or fails to disclose all necessary embodiments, and in case the claims are narrowly drafted and do […]