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Patents

BananaIP Counsels > Patents (Page 67)

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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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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Salient Features of Patent (Amendment) Rules, 2011

The draft Patent (Amendment) Rules, 2011 have been notified for publication in the Gazette of India. Any objections or suggestions may be sent by email to chandni[dot]raina[at]nic[dot]in within 45 days from the date on which the official gazette, containing the notification, is made available to the public. This amendment rules have made it easier for patent applicants and practitioner by providing for online filing of documents. Following are the salient features of the amended rules. Electronically authenticated documents may be filed online. Individual applicants may file documents online without electronic authentication by duly signing the documents and should compulsorily submit paper...

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Request for Examination of a Patent Application – Mandatory Requirement in India

In the Indian patent system, a request to patent office has to be made to process the application to the Examination stage. Unlike other countries like USA, where the examination fee has to be paid at the time of filing itself, Indian Patent Act 1970 provides 4 years time frame to file and pursue the application to the examination stage. A request for examination has to be filed within 48 months from the date of priority (priority date here is the date of first filing of the invention), Only then the particular application is considered for examination. If it is not...

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Patentability of Biotech Inventions in Europe

Patentable Subject Matter The discussion with respect to patentability of biotech inventions in Europe has been limited to the European Patent Convention (EPC). As per the European Patent Convention, any invention is patentable unless it falls within the list of excluded inventions. According to Article 52 of EPC, any invention irrespective of the technology to which it belongs can be considered as patentable subject matter so long as it is new, inventive and has an industrial applicability and does not fall within the list of excluded inventions provided in Article 53 of the EPC. Along with inventions contrary to public order or...

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