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Patents

BananaIP Counsels > Patents (Page 65)

Patent: Stem Cell Patent Debate Never Dies

This image depicts the technological advancement that is 'stem cell regeneration'. It depicts the harvesting of stem cells in a perti dish and their development into a human organ. But is this miracle patentable? Click on the image to read the full post.

 The debate with respect to genetic and stem cell patents is alive with the European Court of Justice's (ECJ) preliminary opinion in March. As per the opinion, embryonic stem cells are not patentable because use of totipotent stem cells amounts to use of human embryo for industrial or commercial purposes. As totipotent stem cells can develop into a human being and are derived from an embryo, they as per the opinion can be considered to be human embryo or based on manipulation of human embryo. This opinion was an interpretation of Article 6(2) of the Directive 98/44/EC of the European...

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Patent: A Dog ate my homework: Patent Term Extension

Guest Post by Ms. Vinita Radhakrishnan In future, 'Dog ate my homework' may be a perfectly accepted excuse for missing a deadline at USPTO for Patent term extension (PTE) request. Recently, I stumbled upon an article authored by Dianna Goldenson titled “A day late and a few million dollars short". The article mainly refers to the deadline calculation for the Patent term extension request to be placed before the USPTO. In case of Pharmaceutical patents, obtaining approval from the regulatory authorities can take several years which literally eats into the patent term thus leaving less than 10 years of actual life for a...

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Patent: Smoking Without Smoke

Smoking has become one of the biggest problems haunting youngsters today. Many of us know the famous scene from a Tamil movie starring Rajinikanth where Rajinikanth takes on the challenge of flipping his cigarette into the air and catching it with his mouth and repeats this ten times. Though, this kind of scenes get applauded by the audience in the theatre but when it comes to real life, smoking is considered to be one of the biggest curse of mankind. Smoking is considered to be more dangerous than drugs as it affects not only the person who smokes but also...

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

As pointed out by Supriya in her post, a compulsory license may be granted if a patent is not worked in India and reasonable efforts are made to acquire a license. Does the working of a patent in India mean that the patented invention must be manufactured in India? Reading of sections 83 and 84 of the Patents Act take us to that logical conclusion. The sections clearly point out that working of a patented invention in India through only importation would not be enough to avoid a compulsory license.  Form 27 therefore rightly requires a patent holder to furnish...

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Compulsory License for “Not working”

In a recent development, non-compliance with regard to the requirement of local working of patent, required under patent law, may lead to issue of compulsory licenses to generics for seven top selling drugs. The RTI query sought by SpicyIP (Way to go Spicy IP!) seeking information regarding Form 27 filings by Innovators for the top selling drugs Tarceva (Roche and OSI Pharms), Stutent (Pfizer), Nexavar (Bayer), Sprycel; Dasatinib (BMS), Pegasys (Roche), Viraferonpeg (Schering) and Baraclude;Entecavir (BMS) revealed non-compliance by the Innovators. Ideally, patent holders are required to furnish a statement regarding the working of the patented invention on commercial scale in...

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