Tag: revocation

Monsanto Technology LLC And Ors Vs. Nuziveedu Seeds Ltd. And Ors

Monsanto Technology LLC, one of the world’s leading seed company, was smacked by the decision upheld by the Division bench of Delhi High Court in an appeal that was preferred by them against the order of Delhi High Court single bench. The dispute initially arose over license and royalty of Patented seed technology–BOLLGARD II, between … Continue reading Monsanto Technology LLC And Ors Vs. Nuziveedu Seeds Ltd. And Ors

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REVOCATION OF PATENTS ACCORDING TO INDIAN PATENT ACT, 1970: INSIGHT

This article focuses on the revocation proceedings which is one of the mechanisms available for annulations of Patents in India. What is revocation of a patent? When a patent has been sealed or granted, it is not always the case that the patent shall stay unhindered by any third party till the life of the … Continue reading REVOCATION OF PATENTS ACCORDING TO INDIAN PATENT ACT, 1970: INSIGHT

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Post-grant opposition and revocation proceedings under Indian Patent Act: what is better?

Patent Act, 1970 provides opposition/ revocation mechanisms to make sure that undeserving Patents are not granted in contravention of the provisions of the Act and if they are granted, they can be opposed/ revoked. Grant of patent can be opposed before as well as after grant of patent. Relevant sections for different mechanisms, locus standi, … Continue reading Post-grant opposition and revocation proceedings under Indian Patent Act: what is better?

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Revocation of Valganciclovir patent by Controller of Patents, Chennai

Recently in a matter remanded from IPAB to Controller of Patents, Chennai, a decision of revoking Roche’s patent IN207232 for Valganciclovir was delivered after hearing both the parties. The subject patent was granted on January, 2009 followed which post grant oppositions were separately filed by CIPLA, Matrix, Ranbaxy and Bakul Pharma along with two NGOs … Continue reading Revocation of Valganciclovir patent by Controller of Patents, Chennai

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Cipla’s plea for revocation of Novartis Patents for Onbrez may face major set back by the Government

As reported in TOI, the Indian Government has found very little merit in Cipla’s plea for waiver and cancellation of Patent rights for chronic obstructive pulmonary disease (COPD) drug over which Novartis has exclusive rights. We have reported on Cipla’s plea here. Background: Cipla, previously approached the Department of Industrial Policy and Promotion (DIPP) to … Continue reading Cipla’s plea for revocation of Novartis Patents for Onbrez may face major set back by the Government

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Cipla Files Representation with Govt. Seeking Revocation of Novartis’ Patents

It has been recently reported in Economic times that Cipla has filed representation with the government (Department of Industrial Policy & Promotion) seeking revocation of five patents of Novartis on indacaterol, a respiratory drug for the treatment of chronic obstructive pulmonary disease (COPD) and marketed as Onbrez by Novartis. The central government, under section 66 … Continue reading Cipla Files Representation with Govt. Seeking Revocation of Novartis’ Patents

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Central Government’s power of Revocation of Patent in Public Interest

Gopikrishnan M and Akash Patel, interns at Khurana and Khurana, Advocates and IP Attorneys, look at the Central Government’s power of Revocation of Patent in Public Interest. The Indian Patent Act,1970(hereinafter Act) empowers the Central Government to revoke any patent granted by the Indian Patent Office if it feels that the said patent is prejudicial … Continue reading Central Government’s power of Revocation of Patent in Public Interest

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GSK’s patent on lapatinib ditosylate revoked by IPAB

GSK’s granted patent IN221171 (‘171) on lapatinib ditosylate (marketed as Tykerb), a tyrosine kinase inhibitor for treating breast cancer, was revoked by IPAB by its order of 27th July 2013. A revocation application was filed by Fresenius Kabi Oncology Limited. The patent is revoked on the ground of non-compliance with S.3d alone on basis of … Continue reading GSK’s patent on lapatinib ditosylate revoked by IPAB

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Tata Chemicals vs. Hindustan Unilever Limited Revocation Proceeding for IN 195937: Would compliance of Section 8 become a nightmare for Patent Applicants?

This article relates to a recent judgment of IPAB on 12’th July 2012 on the revocation of an Indian Patent IN 195937, wherein certain interesting aspects relating to developing standards for revocation under Section 8 of the Indian Patent Act, 1970 have been discussed and put forth, quite strongly!! Case Summary: In summary, the case … Continue reading Tata Chemicals vs. Hindustan Unilever Limited Revocation Proceeding for IN 195937: Would compliance of Section 8 become a nightmare for Patent Applicants?

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Question of claim amendments by patentee in India

We would discuss hereinbelow the various scenarios when the patentee can seek amendment of the specification and claims of his patent. Further, this Article would examine as to when and when not the patent amendment should be allowed during the pendency of patent infringement suit. The Author, in the end, presents a hypothetical case to … Continue reading Question of claim amendments by patentee in India

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