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Principles for filing Divisional Patent Applications in India

Principles for filing Divisional Patent Applications in India

After the establishment of the IP Division, the Delhi High Court has been clarifying different aspects of patent law through its lucid and well-written judgments. In a case decided on 12th July 2022, the Court has clarified and succinctly put together principles pertaining to the filing of divisional patent applications. While rejecting the validity of a divisional application  including product claims pertaining to DPP IV inhibitors because the parent application included only use and process claims, the Court stated as…

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Weekly Anti-Trust and Privacy Updates

Weekly Anti-Trust And Privacy Updates

This week’s anti-trust and privacy updates are as follows: CCI Proposes Higher Scrutiny for Mergers and Acquisitions The CCI, in its Competition (Amendment) Bill, 2022 draft, proposed stringent rules of scrutiny on mergers and acquisitions in India. The regime presently requires the Companies to have a minimum threshold in assets or turnover in India to attract CCI scrutiny. This provides a loophole for Global Tech Giants with low assets and turnover in India to operate outside the scrutiny of CCI.…

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Weekly Anti-trust and Privacy Updates

This week’s anti-trust and privacy updates are as follows: CCI approves Axis Bank acquisition of Citi Corp The CCI, last week, approved Axis Bank’s Rs. 12,325 Cr. acquisition of Citi Bank NA and Citicorp Finance India Limited. Axis Bank, as per the deal, would be acquiring all of Citi’s consumer banking activities. Citi’s credit cards, personal loans and wealth management business would be transferred to Axis Bank. The acquisition is expected to close by September 2024. CCI approves Greenforest acquisition of stake…

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Weekly News Updates: Copyright and Entertainment Law

Delhi High Court grants injunction against infringing websites In a recent decision, the Delhi High Court granted an injunction in favour of media giant Sony Entertainment, restraining certain rogue websites from illegally telecasting the International Cricket Series, 2022. Sony Entertainment filed the present suit claiming that the illegal telecasting of the series was infringing upon Sony’s exclusive license to broadcast the International Cricket Series, 2022 in India, Pakistan, Nepal, Bangladesh, and a host of other countries. The Delhi High Court…

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Weekly Trademark Updates

This week’s trademark updates are as follows: Hailey Bieber strikes a win! Entrepreneur Hailey Bieber was sued for trademark infringement by Purna Khatau and Phoebe Vickers, founders of RHODE, a clothing line. The founders sought for a preliminary injunction from the U.S. District Court for the Southern District of New York. Bieber submitted a 17-minute YouTube video documenting the inspiration behind the word 'RHODE'. Bieber stated in the video that 'RHODE' is her and her mother's middle name and hence, the…

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Weekly Anti-Trust and Privacy Updates

This week’s anti-trust and privacy updates are as follows:   NCLAT suspends Amazon’s investment in Future-coupons, upholding CCI’s decision. The NCLAT has ordered Amazon to pay 200CR INR in penalty for making false statements and material omissions in its disclosures regarding the acquisition of Future Coupons Group. The Appellate Tribunal has upheld that Amazon deliberately mislead the CCI by misrepresenting its acquisition as an expansion of the portfolio and consequently, suppressing its strategic interest in the Subsidiary Future Retail Ltd. CCI, in…

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CASE BRIEF: Novo Nordisk AS vs. Union of India & Ors.

Facts (with Timeline): On 4th October, 2013, Novo Nordisk (hereinafter referred to as “Patentee”) was issued patent IN 257402. On 29th September, 2014, which is five days prior to the expiry of one year from the date of grant, Sun Pharmaceuticals Industries (hereinafter referred to as “Opponent) filed a post-grant opposition to the issued patent IN 257402. On 21st August, 2019, the Opposition Board provided its recommendation to the learned Controller. On 25th September, 2019 and 26th September, 2019, the hearing…

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Delhi High Court asks the Patent Office to decide on amendments and give adequate opportunity in Opposition Proceedings

In a recent decision, the Delhi High Court gave clarity about how amended claims during opposition proceedings have to be dealt with by the Controller of Patents. In the case, four claim sets were filed by Novartis, the Patent Applicant, from the PCT filing stage, and the opponent in the case, NATCO, filed a pre-grant representation based on a pre-final claim set. Later, the claims were amended by the Patent Applicant, and a final set was submitted along with expert…

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Post-Grant Patent Opposition, Evidence and Hearings: Role of Patent Office, Opposition Board, and Parties

In a recent decision, the Delhi High Court has reiterated the principles to be followed with respect to patent oppositions, and has once again explained the context, approach, and pace of such proceedings. The Court has reiterated the principles that have to be followed by the Opposition Board, Patent Office, and parties in opposition proceedings based on principles laid down in the Pharmacyclics case. While doing so, the Court emphasized the need to expedite post-grant opposition proceedings, and the need…

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Weekly Trademark Updates

This week’s trademark updates are as follows: Hero MotoCorp gets permission to use Hero as the trademark for EV business Hero MotoCorp led by Pawan  Munjal gets permission for electric vehicles under the trademark Hero by the arbitration tribunal appointed by the Delhi High Court. The dispute was between two factions of the Munjal family group. Hero electric filed an application for an interim injunction against Hero MotoCorp for using HERO for the electric vehicles. The tribunal refused to grant an…

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