Category: Patents

Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

Introduction A lot has been discussed on the Novartis ruling indicating much higher standards of patentability under Indian law under section 3d. The ruling decided that any new form of known compound (in medicine) would be patentable only if there is enhanced ‘therapeutic efficacy’ over the known compound. Post Novartis ruling, a couple of patent … Continue reading Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

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M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel , Section(64) patent act, 1970

Takshasheel Bouddha, an intern at Khurana and Khurana Advocates and IP Attorneys, analyses the case, M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel &The Controllers of Patents & Designs. This judgment is with respect to Section 64 of Patent Act, 1970.  Introduction: The dispute was regarding of two patents i.e. Patent No.189027 and Patent … Continue reading M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel , Section(64) patent act, 1970

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Relief for Pfizer as IPAB stays Revocation on Drug Tolterodine

In a positive development for US drug giant Pfizer, the country’s Intellectual Property Appellate Board (IPAB) has issued an interim stay on an order stated by the Indian Patent Office removing a patent of Pfizer, for its extended release drug Tolterodine (Detrol), which is used for treating old age patients who suffer from frequent urination. … Continue reading Relief for Pfizer as IPAB stays Revocation on Drug Tolterodine

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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 … Continue reading Examination Guidelines for Pharmaceuticals Patents

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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, timeline for submission of Form … Continue reading Clarification on Small Entity Status of Patent Applicants in India

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

Trastuzumab/Herceptin has been amidst several controversaries 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 … Continue reading Roche sues Biocon and Mylan over biosimilar version of Herceptin in India

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Patent (Amendment) Rules, 2014

The Patent (Amendment) Rules, 2014 has come in force with effective 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 online filing of patents, different schedule of charges is proposed … Continue reading Patent (Amendment) Rules, 2014

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IPAB strengthening the Principles of Natural Justice

This article relates to a judgment of 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 Indian patent office. Thus being aggrieved by the rejection of the patent application by … 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. The copy of the decision made by IPAB can be accessed here. Brief summary of the case … Continue reading Applicability of the principle “Proof of the right” to Conventional application

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A Change in Year Brings Change in IP Laws and Policy

The intellectual property (IP) concepts that are applied today to the national laws and international treaties and organizations date back to eighteenth century.  The IP laws vary from one country to another. The changes in Intellectual property laws also depend on the changes in technology. Due to emerging new technologies and R&D activities, the intellectual … Continue reading A Change in Year Brings Change in IP Laws and Policy

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