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Patent Trolling and Fee-Shifting

Manish Kumar, the intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the ‘fee-shifting’ paradigm in US Patent Act in light of US Supreme Court’s recent judgments. The US Supreme Court, in its two recent judgments, has re-instituted its pre-2005 stand where the Courts had the discretion of awarding reasonable attorney fees to […]

Examination Guidelines for Pharmaceuticals Patents

There has been limited judicial consideration of how patent law applies to pharmaceutical inventions in India. Little specific guidance is available to patent examiners in assessing whether a particular pharmaceutical invention satisfies the requirements for patentability. The absence of judicial guidance in this area is problematic. Indian Patent Office has published the Draft Guidelines on […]

Clarification on Small Entity Status of Patent Applicants in India

I really wonder if the Indian Patent Act was already less troublesome that we needed a new set of rules, substantially increased fees, and more importantly introduction of the Small Entity Status of Applicants, which creates even more confusion on retrospectively payable fees, implications of change in status during prosecution, the timeline for submission of […]

Roche sues Biocon and Mylan over biosimilar version of Herceptin in India

Trastuzumab/Herceptin has been amidst several controversies off lately and this time it is regarding a biosimilar which has jointly been manufactured by Biocon and Mylan. Background Roche’s breast cancer drug Herceptin sold under the brand names HERCEPTIN, HERCLONTM and BICELTIS is a biological drug used primarily for the treatment for human epidermal growth factor receptor […]

Roche sues Biocon and Mylan over biosimilar version of Herceptin in India

Trastuzumab/Herceptin has been amidst several controversies off lately and this time it is regarding a biosimilar which has jointly been manufactured by Biocon and Mylan. Background Roche’s breast cancer drug Herceptin sold under the brand names HERCEPTIN, HERCLONTM and BICELTIS is a biological drug used primarily for the treatment for human epidermal growth factor receptor […]

Khurana & Khurana opens another Branch Office in Bangalore

Khurana & Khurana, Advocates and IP Attorneys (K&K) along with its sister concern, an IP Consulting Firm IIPRD announce that they are opening up a second branch office in Bangalore w.e.f 29th July 2013, in wake of the rising client requirements and towards their goal of expanding their operations across India. K&K is a leading […]

Monsanto’s Patent on Method of Producing Transgenic Plants refused by IPAB

Monsanto’s Indian patent application 2407/DEL/NP/2006 on transgenic plants with heat/salt/drought tolerant plants is rejected by IPAB. The subject patent application is directed to a method of producing a draught/stress/heat/salt/drug-tolerant transgenic plants by inserting a recombinant DNA molecule that expresses a cold shock protein CspA or CspB. The subject patent application was rejected by the Controller […]

IPO displays Month & year of RFE that are being examined

Indian Patent Office (IPO) makes available a dynamic grid shown below: IPO will make the month and year for the Request for Examination (RFE) filed that are currently being examined and the First Examination Report (FER) being issued, for each of the Groups, as displayed hereinabove. IPO also states that if FER is not received […]

Draft Patents (Amendment) Rules 2013

Indian Patent Office (IPO) has recently published Draft Patents (Amendment) Rules 2013 and has invited comments (objections or suggestions) from the public within 45 days from the publication of the notification (12th June 2013). The main changes proposed are the following: 1. There is a 100% hike in official fees for almost all the proceedings […]