Tag: Patent Opposition

Image accompanying blogpost on "CASE BRIEF: FMC Corporation & Ors. vs. Natco Pharma Limited"

CASE BRIEF: FMC Corporation & Ors. vs. Natco Pharma Limited

Facts (with Timeline): i) FMC Corporation and FMC Agro Singapore Pte. Ltd. (collectively referred to as “Plaintiffs”) were assigned Indian Patent No. 298645 (suit patent/IN’645) titled “Method for preparing N-Phenylpyrazole-1-Carboxamides.” ii) The suit patent disclosed a novel method for preparing anthranilic diamide insecticide compounds. The claimed method involves combining: a carboxylic acid compound of Formula 2, an aniline compound of Formula 3, and a sulfonyl chloride, to prepare a compound of Formula 1 (Chlorantraniliprole (CTPR)). iii) The Plaintiffs brought…

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Image accompanying blogpost on "CASE BRIEF: Novo Nordisk AS vs. Union of India & Ors."

CASE BRIEF: Novo Nordisk AS vs. Union of India & Ors.

Facts (with Timeline): On 4th October, 2013, Novo Nordisk (hereinafter referred to as “Patentee”) was issued patent IN 257402. On 29th September, 2014, which is five days prior to the expiry of one year from the date of grant, Sun Pharmaceuticals Industries (hereinafter referred to as “Opponent) filed a post-grant opposition to the issued patent IN 257402. On 21st August, 2019, the Opposition Board provided its recommendation to the learned Controller. On 25th September, 2019 and 26th September, 2019, the hearing…

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Delhi High Court asks the Patent Office to decide on amendments and give adequate opportunity in Opposition Proceedings

In a recent decision, the Delhi High Court gave clarity about how amended claims during opposition proceedings have to be dealt with by the Controller of Patents. In the case, four claim sets were filed by Novartis, the Patent Applicant, from the PCT filing stage, and the opponent in the case, NATCO, filed a pre-grant representation based on a pre-final claim set. Later, the claims were amended by the Patent Applicant, and a final set was submitted along with expert…

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Post-Grant Patent Opposition, Evidence and Hearings: Role of Patent Office, Opposition Board, and Parties

In a recent decision, the Delhi High Court has reiterated the principles to be followed with respect to patent oppositions, and has once again explained the context, approach, and pace of such proceedings. The Court has reiterated the principles that have to be followed by the Opposition Board, Patent Office, and parties in opposition proceedings based on principles laid down in the Pharmacyclics case. While doing so, the Court emphasized the need to expedite post-grant opposition proceedings, and the need…

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Register for Session 3 of the Free Masterclass on Intellectual Property by BananaIP and NASSCOM

Upcoming: Free Webinar on Patent Process and Strategy – Session 3 of the Master Class on IP by BananaIP and NASSCOM’s KTech CoE on Data Science

The Certificate Master Class  on IP by BananaIP Counsels and NASSCOM's KTech CoE on Data Science  has completed two weeks, and the third session is coming up this week on 10th June, 2021 (Thursday). During this session, reputed patent attorneys from BananaIP will cover the patent process and related strategic options for businesses. You may register for the session for free at this link: here What will this session cover? With primary focus on patent procedure and…

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The image depicts a gavel which indicates patent proceedings before Indian Patent Office application.

Proceedings Before the Indian Patent Office

  Original Date of Publication: February 4th, 2008   Author- Dr.Kalyan C. Kankanala, Chief IP Attorney, BananaIP Counsels   OVERVIEW A patent application can be filed at only one of the four patent offices in India (Kolkata, Delhi, Mumbai and Chennai). The patent application passes through the following stages: A. FILING B. PUBLICATION C. EXAMINATION D. OPPOSITION E. GRANT A. FILING 1. Applicant: An application for a patent can be filed by the true and first inventor. It can also be filed the by the assignee or legal representative of the inventor.…

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The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

Gilead drug opposed, Apple sued over ‘DND’ feature, Interesting patents, Green energy patents declining, LG Electronics v. Wiko, Patent Infringement, Patent Tip and other patent news

  “Patent Statistics, Interesting Patents, Tracking Parabolic Solar Cooker System, Low Cost Smart Spectacle Vibration Device For Visually Impaired People, See-Through Display Glasses For Viewing 3d Multimedia, Compositions Against Cat Allergy, Sports Training Bat, Gilead’s Hep C drug challenged, Apple sued over ‘DND’ feature, LG Electronics sues Wiko for patent infringement, WIPO worried over slump in Green Energy patenting, What cannot be patented?, Patent tip of the week and other Weekly Patent News,” presented by the Patent attorneys and experts of…

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Intellepedia - IP News Updates

Indian Patent Process and Procedure – Presentation by Ms. Vinita Radhakrishnan at UPES School of Law

This presentation titled is part of the 'Patent Law and Practice Program' being taught by BananaIP Team at UPES School of Law to B.tech-LLB Students. This presentation covers the General Patent Process and Procedure along with the Patent Process and Procedure in India. The following topics have been covered in the presentation below: - Law, Regulations and Guidelines - Indian Patent Process - Applicant - Exercise - Filing Mode - Fee Details In Filing - Filing Offices - Exercise - Type Of Filing - Contents of Specification - Documents - Formality Examination - Publication -…

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Post Grant Opposition of Patents in India – Lecture by Dr. Kalyan C. Kankanala at UPES School of Law

Dr. Kalyan C. Kankanala recently delivered a lecture to the B.Tech - LLB students of UPES School of Law as part of the 'Patent Law and Practice Program' being taught by BananaIP Team at the School. The flow chart below represents the process of post-grant opposition in India. Section 25(2) of the Indian patent (Amendment) Act 2005 provides a provision for filing a post grant opposition against a patent.Under this provision any interested person, may file an opposition against a granted application within one year from…

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Intellepedia - IP News Updates

Patent Opposition and Revocation: A Presentation

A patent right is a monopolistic right that is granted only after stringent scrutiny of the patent application. The right is not enjoyed by a patent applicant/patentee unless it is proved beyond reasonable doubt that this proprietorship is well deserved of the invention. Since this grant of patent right affects third parties monumentally, they are given an opportunity to participate and intervene in the grant process by filing oppositions and request for revocations. An application can be opposed before grant…

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