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Fraud In Obtaining Patent And Revocation
A patent (defined in section 2(1) (m)) is a type of intellectual property that gives its owner the legal right to exclude others from making, using or selling an invention for a limited period of time in exchange for disclosure of an invention that meets the criteria of global novelty, non-obviousness and industrial use. During … Continue reading Fraud In Obtaining Patent And Revocation
Read more »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
Read more »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
Read more »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?
Read more »Revocation of Valganciclovir patent by Controller of Patents, Chennai
August 1, 2015 - 9:46 am
Categories:
IPAB
IPAB Decisions
News & Updates
Patent Opposition
Patents
pharma
Pharma/Biotech Patent Litigations
Section 3(D)
0 Comments 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
Read more »Cipla’s plea for revocation of Novartis Patents for Onbrez may face major set back by the Government
December 17, 2014 - 8:25 am
Categories:
India
IP Litigation
IP Practice in India
News & Updates
Patent Litigation
Patents
pharma
Pharma/Biotech Patent Litigations
0 Comments 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
Read more »Cipla Files Representation with Govt. Seeking Revocation of Novartis’ Patents
November 1, 2014 - 5:27 pm
Categories:
India
IP Litigation
IP Practice in India
News & Updates
Patent Litigation
Patents
pharma
Pharma/Biotech Patent Litigations
0 Comments 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
Read more »Central Government’s power of Revocation of Patent in Public Interest
January 2, 2014 - 3:10 am
Categories:
IP Litigation
IP Practice in India
Patent Litigation
Patents
0 Comments 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
Read more »GSK’s patent on lapatinib ditosylate revoked by IPAB
August 8, 2013 - 9:36 am
Categories:
IP Practice in India
Pharma/Biotech Patent Litigations
0 Comments 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
Read more »Tata Chemicals vs. Hindustan Unilever Limited Revocation Proceeding for IN 195937: Would compliance of Section 8 become a nightmare for Patent Applicants?
July 16, 2012 - 5:36 am
Categories:
IP Practice in India
News & Updates
Patent Litigation
0 Comments 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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