Delhi High Court, Patent Infringement, Upcoming events, Xiaomi patents, Patent licensing, Patent tips and more, presented by the Patent attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm.
Patent quote of the week
“Indian Patent Office is transforming fast, but it has a long way to go with respect to transparency, efficiency and congeniality.” – Nisha Kurian, Head of Patent Portfolio Management, BananaIP Counsels
Patent Stats from the Indian Patents and Designs Office
- Patent Applications published by the IPO between 4th- 10th March 2017 : 757
- Patent Applications granted by the IPO between 4th – 10th March 2017: 254
- Designs registered by the Indian Designs office between 4th- 10th March 2017: 219
Indian Patent Case updates
Exporting Drugs for Drug Approval to China is not Patent Infringement – Holds Delhi High Court
In a case filed by Bayer against NATCO, the Delhi High Court held that Section 107A of the Patents Act permits NATCO to export sorafenib tosylate to China for purposes of studies aimed at drug approval. Section 107A exempts uses of a patented invention for government approval from patent infringement. The Delhi High Court pointed out that the compulsory license and its terms do not preclude NATCO’s right to use the drug under Section 107A as they are mutually exclusive, and the exemption subsists despite the license.
Patent seminars and conferences
EBTC and EPO to jointly conduct seminar in Delhi on “EPO Practice and Procedures”
The European Business & Technology Centre is conducting a seminar on “EPO Practice and Procedures in the field of Pharma/Biotech”, specifically designed for IP practitioners in India. The event is being co-organized by the European Business Technology Centre (EBTC) and the European Patent Office (EPO) at Viceroy, The Claridges, New Delhi, on 27 March 2017, from 9:30 – 13:00 hrs. To register for the event you may send an email to [email protected]
Indian Government – Patent Updates
India and China join hands to discuss UN report
India, China, Brazil and South Africa have joined hands to initiate discussions on the UN Report on Access to medicines at the WTO’s TRIPs Council. The Report pointed out the need for redefining invention and patentability requirements for pharma inventions as reported by The Hindu. The move is aimed at diffusing pressure from US and Europe with respect to stringent patent protection and enforcement.
International Patent Updates
Xiaomi Acquires Camera and Image Processing Patents
IAM has reported that Xiaomi has acquired patents relating to camera, image capture and image processing from Casio. The company had earlier acquired patents from Broadcom, Intel and Microsoft. Patent acquisition seems to be one of the preferred ways for Xiaomi to build its patent portfolio.
Switzerland is the leader in European Patent filings per capita
The Local has reported that Switzerland with an average of 892 patents per one million inhabitants is the leader in ‘per capita’ European Patent filings. Netherlands stands next to Switzerland in the list, but is way behind. Companies like Roche, ABB, Nestle and Novartis are among the top patent filers in Switzerland.
139.8 million dollars damages in Digital Voice Telephone Patent Case
A Kansas Court held Time Warner, part of Charter Communications, liable for infringing five of Sprint’s patents with respect to Digital Voice Telephone Services. The jury awarded damages to the tune of 139.8 million dollars to Sprint. As the infringement was held to be willful, the damages award may be tripled.
Cadilla and Supernus execute a patent license to settle litigation
Cadilla and Zydus have settled their patent infringement suit with respect to Trokendi XR (topiramate) through a patent license agreement. Under the license, Cadilla and Zydus will be able to make and sell the drug from 1st January, 2023. Other terms of the settlement have not been disclosed.
BananaIP’s Patent Tip of the Week
Patent applications must sometimes be filed fast, very fast, but one must bear in mind that a quality patent specification requires time. It needs time for research, thought and construction. Do not file your patents in a hurry unless you can’t help it. Remember that a poorly drafted patent is of no value.
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