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BananaIP Counsels > Patents (Page 73)

Ericsson has a (i)Ball at the Court

On 2nd September, 2015, Hon’ble Mr. Justice Manmohan Singh of the Delhi High Court, issued an interim injunction, restraining the Mumbai-based company, iBall from importing any allegedly infringing devices until the next hearing in the case, I.A No. 17351/2015 in CS(OS) 2501/2015. The Swedish major Ericsson, which provides services, software and infrastructure in the information and communications technology space, had filed a suit for permanent injunction restraining infringement of patents, damages, rendition of accounts, delivery up etc. against the Indian company iBall which imports computer peripherals, smartphones and tablets. The law suit relates to three technologies in the field of telecommunications pertaining...

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Tequila’s Indian Cousin

For all our readers who are alcohol connoisseurs here is some great news. A food scientist from Andra Pradesh has filed for a patent for the Indian version of tequila. It’s a well known fact that tequila originates from Mexico, where the Agave Americana plant is used in the manufacturing of tequila. However, the possibility of an Indian variant seemed a little far-fetched. Mr Sangati Chennakesava Reddy a food scientist who had previously researched on Opuntia (a plant from the cactus family), finally zeroed down on ‘Naara Kalabanda’ or ‘Kittha Naara’ . According to him, the plant’s pith portion due to...

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Pfizer files for Patent on Known Substance

  This is in furtherance of Gaurav's post with respect to refusal of Pfizer Patent by the Indian Patent Office. I do not wish to repeat the facts or reiterate the order. However, I would like to bring forth one  aspect of the order that seems to  contradict the  Novartis decision of the Supreme Court. In the Novartis case, the Supreme Court clearly laid down that  assessment of subject matter and novelty/inventive step cannot be merged, and they are two segregate elements of patentability analysis.   Section 3(d) reads as follows: “The mere discovery of a new form of a known substance which does...

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Pfizer falls prey to Section 3(d)

India's patent office had rejected Pfizer's application to patent 'Tofacitinib' in 2011, but was ordered to reconsider the decision by the Intellectual Property Appellate Board, after Pfizer appealed. On 3rd September, 2015, the Controller of Patents issued a decision again in respect of Pfizer’s application number, 991/MUMNP/2003 which sought to patent an invention titled “CHIRAL SALT RESOLUTION”. Pfizer’s patent application claimed “a pharmaceutical composition for treating or preventing a disorder or condition selected from organ transplant rejection, xeno transplantation or conditions like lupus, multiple sclerosis, rheumatoid arthritis, psoriasis, Type I diabetes and complications from diabetes, cancer, asthma, atopic dermatitis, autoimmune...

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Working of Patents – A Workable Proposition?

Patent

The Working of the Patent System The patent system promotes the progress of science and technology by granting exclusive rights to inventors for a limited period of time. On expiry of the limited period, the inventions enter the public domain and add to the pool of knowledge base for further inventive activity. It is believed that the exclusive rights granted by the patent system provide incentives to invent, invest, disclose and design, which push the limits of science and technology. It is well understood that for the patent system to work effectively, a healthy balance between the patent incentives and public domain...

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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...

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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...

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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...

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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...

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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...

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