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 […]
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 […]
Intersection between Intellectual Property (IP) and Competition Law
With a growing buzz around how IP and Competition law interface with each other, instances when they can be coupled by Defendants to raise concerns/defense arguments, as to how and when investigations can be initiated through the Competition Commission of India (CCI), are becoming critical and hence need clarity at all ends. This piece is […]
Term of Patent in India: What’s with date 20th May 2003?
Section 53 of the Patents Act, 1970 deals with the determination of term of patent in India. Subsection 1 of section 53 provides that the term of every patent granted, after 20th May 2003, and the term of every patent which is not expired and is not ceased to have effect, on 20th May 2003, […]
Germany’s Boehringer Repudiated Patent on HIV Drug- Nevirapine
The Indian Patent Office has repudiated Germany’s Boehringer Ingelheim patent on its key HIV drug- Nevirapine, Patent Application Number: 4724/DELNP/2009 entitled “Extended-release formulation of Nevirapine”, for a version sold as Viramune XR (extended-release), once again forestalling attempts by Big Pharma for “exclusivity” extension on their patented drugs to reportedly block entry of reasonably priced generics. […]
Interpretation of Section 31 of Indian Patents Act, 1970
While the focus of the article is specifically on the interpretation of section 31, mentioning other relevant sections of the act and trying to understand the purpose of section 31 will help us interpret the section 31 correctly. Chapter VI of the Indian Patents Act, 1970 titled ‘Anticipation’ sets out the circumstances that are not […]
Successful Conclusion of National Patent Drafting Competition (NDPC) 2015
IIPRD, this year, with the support from Khurana & Khurana, Advocates and IP Attorneys (K&K), and Sughrue Mion PLLC, has launched a one of its kinds competition in India on Patent Drafting called as “National Patent Drafting Competition” or NPDC to promote the development of Patent Drafting as a Skill Set and encourage more and […]