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…
Pharmaceutical patents
66 articles
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…
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…
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…
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…
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…
Patent Term Extension, Dog ate my Homework Act
This post evaluates the impact of the proposed Dog ate my Homework Act on patent term extension deadlines at the USPTO. It focuses on deadline miscalculations in pharmaceutical…
Demystifying the Evergreen myth
This post explores evergreening in pharmaceutical patents and how Section 3d of the Indian Patent Act limits patentability for incremental inventions. It discusses the implications for innovation, generic…
Novartis Case Review
The Supreme Court’s Novartis judgment clarified Section 3d and its application to pharmaceutical patents in India. It emphasised the need for enhanced therapeutic efficacy and outlined critical standards…
Compulsory License for “Not working”
This post discusses the legal grounds for granting compulsory licenses when patented drugs are not locally worked in India, as revealed through recent Form 27 compliance issues. It…