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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…
September 8, 2015 Intellectual Property, Patents 0Comment 519Views 0Like
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Working of Patents – A Workable Proposition?

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.…
September 7, 2015 Intellectual Property, Patents 0Comment 2607Views 0Like
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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…
September 4, 2015 Intellectual Property, Patents 0Comment 2721Views 0Like
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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,…
September 3, 2015 Intellectual Property, Patents 0Comment 680Views 0Like
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Patent

Is Statement of Working of Patents For Public Interest?

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…
September 3, 2015 Intellectual Property, Patents 0Comment 567Views 0Like
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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…
September 2, 2015 Industrial Designs, Intellectual Property, Patents 0Comment 832Views 1Like
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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.

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

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…
September 1, 2015 Intellectual Property, Patents, Traditional Knowledge 0Comment 546Views 0Like
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When Patents and Planes Travel Faster than Sound

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…
August 31, 2015 Patents 0Comment 539Views 0Like
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Featured image reads Patents, as the post is about patent infringement. To read the post click here.

New Computer Related Inventions Guidelines

  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…
August 27, 2015 Intellectual Property, Patents 0Comment 536Views 0Like
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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.

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

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…
August 20, 2015 Intellectual Property, Patents 0Comment 574Views 0Like
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