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Who Owns the Invention – the Employee and Employer Conundrum

As India’s participation in global trade, including with countries with strict patent regimes, increases, the need of aligning patent policies and practices in India with global standards is being felt. If we look globally, and particularly at the competitive needs of global groupings (ASEAN, TPP, etc) and countries with strict patent laws like the US, […]

Medecins Sans Frontieres (msf) Challenges Pfizer’s Patent Application on Pneumonia Vaccine in India

Médecins Sans Frontières (MSF) also known as Doctors Without Borders, an international humanitarian-aid non-governmental organization, has filed a pre-grant opposition in India to prevent US pharmaceutical company “Pfizer” from getting a patent on the pneumococcal conjugate vaccine (PCV13, marketed as Prevenar 13®). Prevenar 13® is the world’s largest selling vaccine for infants and toddlers, that […]

Exclusions and Inclusions in latest Guidelines given by Indian Patent Office (IPO) for Examination of Computer Related Inventions (CRIs)

The Indian Patent office (IPO) after considering inputs/suggestions/comments from different stakeholders on previously issued Guidelines for Examination of CRIs has reissued the final guideline on 19th Feb 2016. As per the reading of the guideline, CRIs comprise inventions that involve the use of computer, computer network or other programmable apparatus and include such inventions having […]

Requirements to be Fulfilled If Invention Uses Biological Material

You might find this article useful if you have questions like what is Budapest treaty, is India also member to the treaty, if my invention uses biological material, what obligations I have to fulfil under this treaty, what are the timelines to comply with those. Budapest treaty is the international treaty on the recognition of […]

Make the Most of Dynamic Patent Utilities from Indian Patent Office (IPO)

This article discusses at length the importance of each dynamic patent utility from IPO so that each reader can make the most out of it. The order in which they are discussed does not signify anything and has been discussed in random order. RQ status of issued FERs Utilization: Indian Patent Office examines the patent […]

Make the Most of Dynamic Trademark Utilities from Trademark Registry (TMR) India

This article discusses at length the importance of each dynamic trademark utility from TMR so that each reader can make most out of it. Order in which they are discussed do not signify anything and have been discussed in random order. Disposal & Notices With this utility, one can understand expedited, normal and total applications […]

Indian Patent Office Rejected Compulsory License Application (C.L.A. No.1 of 2015) for “Saxagliptin” Filed by Lee Pharma Ltd.

In an order dated 19th January 2016, the Controller of Patents rejected the compulsory license application of Hyderabad based drug maker Lee Pharma Ltd. to manufacture generic version of AstraZeneca’s anti-diabetic drug Saxagliptin. The Controller of Patents rejected the application on the grounds that substitutes to the drug Saxagliptin are readily available in the Indian […]

Plant Varieties and Farmers‟ Rights Act, 2001

Ministry of Agriculture & IPAB failure in invoking the transitional provision as provided under Section 59 of The Protection of Plant Varieties and Farmers‟ Rights Act, 2001 for setting up a tribunal. INTRODUCTION The variety of crops both edible and for commercial purposes has grown as the size and need of the human population has […]