Latest Patent & Design Updates – January 2022 – Part 1

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In this week’s update on patents – India requests emergency meeting of WTO General Council to discuss patent waiver; RGNIIPM announces online advanced training program on patent specification; Taiwan’s revised ‘Accelerated Examination Program’ (AEP) comes into effect from January 01, 2022; USPTO pushes deadline for applications under COVID-19 Prioritized Pilot Program to March 31st, 2022; Novartis announces CAFC ruling on validity of Gilenya patent; Intel can challenge two of Qualcomm’s smartphone patents, says U.S. Court of Appeals.

India related patent updates

India requests emergency meeting of WTO General Council to discuss patent waiver

India has requested for an emergency meeting of the World Trade Organisation’s (WTO) General Council to discuss the WTO’s course of action in response to the surge of COVID-19 cases being reported. The agenda of the meeting proposed to be held later on this month in Geneva would be a patent waiver proposal. India and South Africa had previously submitted a proposal regarding a waiver on some provisions of the Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement in October 2020.

RGNIIPM announces online advanced training program on patent specification

On 27th December 2021, the Rajiv Gandhi National Institute of Intellectual Property Management (RGNIIPM) announced the “Online One Week Advance Training Program on Patent Specification” to be conducted in a webinar format from 17th – 20th  January. The training program is open to persons of all professional backgrounds and ages and will deal with description and claims aspect of patent specification writing.

For more information, please click here.

International patent updates

Taiwan’s revised ‘Accelerated Examination Program’ (AEP) comes into effect from January 01, 2022

The ‘Accelerated Examination Program’ in Taiwan has been revised and has come into effect from January 01, 2022. The scope of the AEP has been expanded by allowing expedited examinations for ‘Related Green Technology’, previously limited to ‘Related Green Energy Technology’. The duration for patent examination has been decreased from nine months to six months if the patent pertains to green technology or if it is immediately required for commercial practice.

For more information, click here.

USPTO pushes deadline for applications under COVID-19 Prioritized Pilot Program to March 31st, 2022

The United States Patent & Trademark Office extended its fast-track program by 3 months for the second time after a similar move in September 2021. Although it is unlikely that the pilot program will continue beyond the latest extension, the USPTO has clarified that applications sent in on or before the program ceases will continue to be considered on a priority basis. Through a notice on the Federal Register, it was also communicated that the decision to terminate or continue the pilot program will reportedly be made on the basis of the now operational extension period of 3 months.

For more information, please click here.

Novartis announces CAFC ruling on validity of Gilenya patent

Novartis, in a press release dated 4th January 2022, announced that its US Patent No. 9,187,405 has been upheld by the U.S. Court of Appeals for the Federal Circuit in a recent decision. The patent pertains to a dosing regimen for Gilenya (fingolimod). In 2020, the U.S. Federal District Court for the District of Delaware pronounced a verdict in favour of the Gilenya patent and granted a permanent injunction against HEC Pharma until the expiry of the ‘405 patent in December 2027’. Through the decision of the U.S. Court of Appeals, the patent and the injunction were upheld as valid.

For more information, please click here.

Intel can challenge two of Qualcomm’s smartphone patents, says U.S. Court of Appeals

On 28th December 2021, the U.S. Court of Appeals for the Federal Circuit in two of its rulings opined that a U.S. Patent and Trademark Office Tribunal had incorrectly refused Intel’s arguments against two of Qualcomm’s smartphone patents. Through its ruling, Intel is now free to contend the patents once again. Additionally, the Court of Appeals held that merely because Qualcomm reached a global settlement with Apple over a patent dispute wherein Intel modern chips were being used in devices, nothing prevents the court from entertaining Intel’s appeals.

Please click here to access the full order.

Authored by Chanda S (Intern) & Vivek Basanagoudar (Intern)

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