+91-80-26860424 / 34

Call Us Today

LinkedIn

Search
 

Patents

BananaIP Counsels > Patents (Page 63)

Lee Pharma v. AstraZeneca- An unfinished Patent Story

Compulsory licensing cases and India have a peculiar relationship. They are in a way, soul sisters in the world of Intellectual property. Section 84 of the Patents Act, 1970 has always been the subject of intense debate. It hasn’t been very long since India issued its first ever compulsory licence to Natco Pharma, an Indian generic company, for Bayer’s blockbuster anti-cancer drug Nexavar (Sorafenib) in March 2012. Two other CL applications followed the Nexavar case, one relating to Roche’s Herceptin and the other relating to Bristol Myers’ Dastanib, but lady luck favored the respondents in both these cases and the...

Continue reading

PIL, IPO and Statement of Working of Patents

  This is in furtherance of Kalyan's post, which looked at the issue largely from the philosophical perspective. I endeavor here to look at Statement of Working of Patents from the perspective of the statute and functioning of patent office and its priorities in today’s context. The provisions relevant are:   Section 146 Power of Controller to call for information from patentees (1) The Controller may, at any time during the continuance of the patent, by notice in writing, require a patentee or a licensee, exclusive or otherwise, to furnish to him within two months from the date of such notice or within such further time...

Continue reading

Is Statement of Working of Patents For Public Interest?

Patent

Working of patents is an integral element of the Indian patent system. In line with the primary objective of patent law, which is to promote the progress of science and technology for public good and economic progress, Indian patent Act specifically mandates working of patents in India. Failing such working, a compulsory license may be granted with respect to a patent , or in the worst case scenario, the patent may be revoked. (See CHAPTER XVI- WORKING OF PATENTS,COMPULSORY LICENCES AND REVOCATION, Patents Act, 1970.) It was reported that a PIL was filed for strict compliance of the requirement to submit working...

Continue reading

Thomas Edison and his Moving Pictures

  “To invent you need a good imagination and a pile of junk “– This is how Thomas Edison received a patent for the Kinetographic camera, a device for viewing moving pictures without sound. Edison patented this invention on August 1891. The camera was a giant step forward from the kinetoscope, which was not regarded as a significant invention by Thomas Edison. Kinetoscope comes from the Greek words “Kineto” meaning “movement” and “scopos” meaning “to watch”.   The camera was based on photographic principles and used celluloid films indicating the film width to be 35mm and the possibility of using a cylinder for...

Continue reading

Intellectual Property (IP) in India: A Decade of Progress Part 11

The featured image is of the Lion Capital which consists of the Ashoka Chakra, with a horse and bull on either sides, and an hoisted Indian flag below it. The Lion Capital is the national emblem of India. The image is related to the post as it is a part of the Sinapse Series"Intellectual Property (IP) in India: A Decade of Progress". To read the post click here.

The post below gives statistical information about the progress made by India with respect to Pharmaceutical Patents. The Indian Patents Act amendment of 2005 ushered in a new atmosphere for the Pharmaceutical industry in the country. The amending act of 2005 made the Patents Act, 1970 substantially compliant to the TRIPS agreement signed by India in 1995. This post seeks to provide a statistical analysis of “A Decade of Pharma Patents in India”. The Pharmaceutical industry has perhaps been one of the most steady and significant contributors to Intellectual Property in India, more specifically to the field of Patents. The Pharma industry...

Continue reading

When Patents and Planes Travel Faster than Sound

Airplane

How would you like to have Breakfast here in India, Lunch in America and be back home for dinner in India, all of it, being done on the same day!! Sounds unbelievable? Well, believe it! Patents seem to be flying out of the USPTO faster than the speed of sound! On July 14, 2015 a patent [US 9,079,661]was awarded to Airbus, also known as the European Aeronautic Defence and Space Company for an invention titled "Ultra-Rapid Air Vehicle and Related Method for Aerial Locomotion”. Image Source: US Patent 9,079,661 In simple words, this invention relates to a plane that is capable of...

Continue reading

New Computer Related Inventions Guidelines

Featured image reads Patents, as the post is about patent infringement. To read the post click here.

  The Indian Patent Office, after extensive consultative process, has issued an Order by which Chapter 08.03.05.10 of the Manual of Patent Office Practice and Procedure (MPPP), containing provisions pertaining to section 3(k) of the Patents Act, 1970, will stand deleted and replaced by the provisions of the new Guidelines, for examination of Computer Related Inventions (CRIs), with immediate effect.   The Guidelines, while outlining the legal provisions related to CRIs, extensively demonstrates what ‘Patentable Subject Matter’ means and what parameters are used by the Office to determine applicability of said subject matter. It goes on to define several terms that have not...

Continue reading

Intellectual Property (IP) in India: A Decade of Progress Part 9

The featured image is of the Lion Capital which consists of the Ashoka Chakra, with a horse and bull on either sides, and an hoisted Indian flag below it. The Lion Capital is the national emblem of India. The image is related to the post as it is a part of the Sinapse Series"Intellectual Property (IP) in India: A Decade of Progress". To read the post click here.

The post below gives statistical information about the number of patent applications filed and granted under various fields of invention, in the past decade.

On the whole, a consistent rise has been seen with respect to the number of patent applications filed. The number of applications filed under the Chemical, Electrical, Mechanical fields show a considerable upsurge, while the number of applications filed in fields like bio-technology and food has plunged.

During the year 2008-2009, a total number of 16,061 patents were granted out of which 2,541 were granted to Indian applicants. The number of patents in force, as on 31st March, 2009, was 30,822 out of which 6,158 patents belonged to Indians. A drop in the number of patents granted was seen the next year, out of a total of 6,168, 1,725 applications belonged to Indians. The total number of patents in force, in the same year, were 37,334, out of which 6,781 patents belonged to Indians.

In 2010-2011, 7,509 patents were granted out of which 1,273 were granted to Indian applicants. In the subsequent year, total number of patents granted decreased to 4,381 out of which 699 were granted to Indian applicants. 39,989 patents were in force as on 31st March 2012, out of which 7,545 patents belonged to Indians.

In the year 2012-2013, out of the 4,126 patents granted, 716 belonged to Indian applicants. The numbers of patents in force as on 31st March, 2013, were 43,920 out of which 8308 patents belonged to Indians. Then, in 2013-2014, total number of patents granted saw a slight hike, 4,227 patents were granted out of which 634 were granted to Indian applicants. 7,464 patents out of 42,632 patents in force were of Indian applicants.

The statistics below give information about the number of patents filed and granted under different fields.

Number of patent applications filed from 2008 to 2014 under various fields of invention

Fields2008-20092009-  20102010-  20112011-  20122012-  20132013-  2014
Chemical588460146911116868126769
Drug36723070352628229542507
Food34027631521452387
Electrical23192376271922835684371
Mechanical6360677577828881019811318
Computer/Electronics70637646959458444244410
Bio-technology184413031497309832647
General294688510171531561652
Others6384594260397481287311890

 

Number of patent applications filed during 2008-2014 under other and new fields of inventions

2008-  20092009-  20102010-  20112011-  20122012-  20132013-  2014
Bio-Medical687022176183163
Bio-Chemistry1192710507572
Bio-Informatics410570605636
Physics11012271454411460
Civil505046128160196
Textile413234139104141
Metallurgy/ Material Science6234087185152
Agriculture Engineering29402077103112
Polymer Science41491911413580
Micro-Biology77113105
Agrochemical11390
Traditional Knowledge/ Bio/ Chem/Mech98/58/02= 15870/115/0= 18522/364/1= 387

 

Number of patent applications granted from 2008 to 2014 under different fields of inventions

Fields2008-  20092009-  20102010-  20112011-  20122012-  20132013-  2014
Chemical237614201899116812891111
Drug1207530596282344256
Food977284213751
Electrical1140404394228188237
Mechanical324210241458888749945
Computer/Electronics19131195892584510690
Bio-technology1157449165309144220
General1318273350153121112
Others36118011668748744904

Number of patent applications granted during 2008-2014 under other and new fields of inventions

2008-  20092009-  20102010-  20112011-  20122012-  20132013-  2014
Bio-Medical19160
Bio-Chemistry1981706090103
Bio-Informatics2155
Physics65182113712
Civil220612060305
Textile261409090504
Metallurgy/ Material Science405201111104
Agriculture Engineering0404010103
Polymer Science411122111211
Micro-Biology0706
Agrochemical0502
Others18834

Intellectual Property (IP) in India: A Decade of Progress Part 8

The featured image is of the Lion Capital which consists of the Ashoka Chakra, with a horse and bull on either sides, and an hoisted Indian flag below it. The Lion Capital is the national emblem of India. The image is related to the post as it is a part of the Sinapse Series"Intellectual Property (IP) in India: A Decade of Progress". To read the post click here.

This post takes a look at top patent applicants in India among IT Companies and Research Institutions during the last decade. Among IT Companies Samsung and Infosys have made noteworthy progress. Samsung especially has not only expanded its research activities in India, but has also increased its patent filings substantially. Among research organisations, CSIR and ICAR figure among the top filers. IITs, and IISc are  among the top applicants among educational institutes. The tables below provide details of patent numbers for five organisations in each category- Top 5 Indian applicants for patents in the field of Information Technology Sl.No Name of the companies Applications filed from 2008-2014 2008-2009 2009-2010 2010-2011 2011-2012 2012-...

Continue reading

Roche loses again

Featured image reads Patents, as the post is about patent infringement. To read the post click here.

  The Indian Patent Office took heat for its incompetence when Valganciclovir was granted patent in 2007. The matter was remanded back to the Patent Office by the IPAB to reconsider and this time the patent was revoked. This decision comes at the time when India’s National intellectual property policy is in its final stages, awaiting approval by the Cabinet and with mounting International pressure from Pharmaceutical lobbies, rejecting patent of Pharmaceutical giant F.Hoffmann-La Roche AG will have repercussions. But why so much hoopla about Valganciclor? Valganciclovir or Valcyte manufactured by Roche 1,040 Rupees per tablet, is an  anti-retroviral drug which prevents...

Continue reading
Speak with an IP Expert Today
close slider
css.php