Category: IPAB Decisions

Patent (Amendment) Rules, 2014

The Patent (Amendment) Rules, 2014 has come in force with effect from 28th February 2014. The major changes are the hike in official fee and an introduction of a “small entity” to which a separate (reduced) fee shall be applicable. Further, in order to promote the online filing of patents, different schedule of charges is … Continue reading Patent (Amendment) Rules, 2014

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IPAB strengthening the Principles of Natural Justice

This article relates to a judgment of the Intellectual Property Appellate Board (hereinafter IPAB) dated 20th January 2014 in the case “Abraxis BioScience LLC USA Vs Union of India” for a patent application no. 2899/DELNP/2005. The said patent application was rejected by the Indian patent office. Thus being aggrieved by the rejection of the patent … Continue reading IPAB strengthening the Principles of Natural Justice

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Applicability of the principle “Proof of the right” to Conventional application

This article relates to a recent judgment of IPAB in the case “NTT DoCoMo Inc. Vs The Controller of Patents and Designs” for a patent application No. 794/CHE/2006 which was refused to proceed further by the Indian patent office. A brief summary of the case In summary, the application relates to “TRANSMISSION RATE CONTROL METHOD … Continue reading Applicability of the principle “Proof of the right” to Conventional application

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IPAB: Nature of Jurisdiction, Power and Authority

Akash Patel, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the nature of jurisdiction at the IPAB, its power, and authority. In a judgment dated July 08, 2013, a larger bench of Intellectual Property Appellate Board (hereinafter read as IPAB) had decided on two important issues, one relating to IPAB’s power … Continue reading IPAB: Nature of Jurisdiction, Power and Authority

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