Pharmaceutical patents | Intellepedia

Compulsory Licensing in India – Talk by Gaurav Mishra

Mr. Gaurav Mishra presented an in-depth session on compulsory licensing in India under the Patents Act at a DST Rajasthan event. The talk covered legal provisions, case studies, and the significance of compulsory licensing during the COVID-19 pandemic.

COVID-19 patent pool opposed as Pfizer and AstraZeneca see no incentive and other patent news

This bulletin provides updates on the COVID-19 patent pool, opposition from leading pharmaceutical companies, and key patent law changes in India and abroad. It includes IPO e-filing developments, WHO C-TAP news, and significant international patent infringement cases.

Innovate, Patent, Produce and Prosper says PM, Natco Pharma faces patent infringement law suit and more

This bulletin highlights Prime Minister Modi’s emphasis on innovation and patenting, the upcoming GIPC in New Delhi, and crucial legal updates such as Taiho Pharmaceutical’s lawsuit against Natco Pharma. Important decisions from the Indian Patent Office and international appointments are also covered.

Chapter II. 301 Report on Indian Patent System – Comprehending Apprehension or Apprehending Comprehension?

The 2014 Special 301 Report reviews India’s patent system, focusing on Section 3d, compulsory licensing, and enforcement issues. This analysis sets the groundwork for deeper exploration of key pharmaceutical patent law topics in future posts.

Inventive Step of an Invention Analysed

This post examines the Green Cross Holdings case, where the Indian IPAB upheld the rejection of a patent application for lacking inventive step. The analysis highlights legal standards of obviousness and inventive step under Indian patent law, emphasizing the importance of prior art disclosure.

Exclusive Marketing Rights and Stronger Patent Regime

This post examines India’s transition to a TRIPS-compliant patent regime, focusing on Exclusive Marketing Rights and the Mailbox Provision. It outlines legislative changes that facilitated the shift from process to product patents and clarifies the distinct role of EMRs during this period.

Chapter VI. Compulsory Licensing & Local Working – Comprehending Apprehending or Apprehending Comprehension?

This post examines compulsory licensing in India, with emphasis on the local working requirement and its interpretation under Indian patent law. It discusses the legal debates surrounding the TRIPS agreement and the impact on pharmaceutical patents. The analysis is grounded in recent case law and policy submissions.

Patent War: Is the US Arm-twisting India?

This post examines the ongoing India US patent dispute, focusing on TRIPS compliance and contentious issues in pharmaceutical and software patents. It analyses whether US pressure may result in sanctions or further negotiations under international norms.

Patently Asia – A Drug War!

This post analyses Japanese patents on kratom-derived painkillers and their roots in Southeast Asian traditional medicine. It raises questions on innovation, intellectual property, and the absence of benefit sharing with traditional knowledge holders.

Statement of Working to Compulsory Licensing – Are We Missing Something?

This post discusses whether failing to file the statement of working under Indian patent law justifies the grant of a compulsory license. It objectively analyses statutory provisions and their implications for patent holders and innovation.