Tag: Patents Act

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

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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UPDATED PATENT, TRADE MARK, COPYRIGHT AND OTHER ACTS

Updated Patent, Trade Mark, Copyright and other Acts

Following the ordinance abolishing the IPAB, we updated all relevant intellectual property statutes to reflect the amended provisions. We are hereby sharing  the links to the amended statutes along with word and pdf versions of the Acts in accessible formats. You may read about the changes in different statutes in  the series of posts we had carried earlier at the following links: Patents Act, Trade Marks Act, Copyrights Act, Plant Varieties Act, and Geographical Indications Act. The list below provides links…

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DELHI HIGH COURT PATENT RULES

Delhi High Court Patent Rules: Comments

The Delhi High Court published the draft of the proposed High Court of Delhi Rules governing Patent Suits, 2020 on 9th of October 2020 and has invited comments regarding the same. The rules are proposed to be issued under Section 158 of the Patents Act. In the context of ambiguities surrounding Patent litigation in India, these rules are a welcome step towards clarity and certainity with respect to the procedure. A copy of the rules may be viewed here Some comments…

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Intellepedia - IP News Updates

CPI(M) asks Government to issue compulsory license for Remdesivir, EPO creates search strategies to help fight against COVID-19 and more patent news

In this week’s Patent News – CPI(M) asks Government to issue compulsory license for manufacturing generic versions of drug – Remdesivir; EPO creates search strategies to aid scientists distinguish documents relevant to fight the COVID-19 pandemic; EUIPO and EPO to jointly host online conference on Additive Manufacturing INDIA PATENT NEWS UPDATE CPI(M) asks Government to issue compulsory license for manufacturing generic versions of drug - Remdesivir The Communist Party of India (Marxist) has reportedly requested the Central…

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The featured image reads patents versus industrial designs.

Differentiating Patents and Industrial Designs

Patents and Industrial Designs are both subsets of Intellectual Property Rights, along with Trademarks, Copyrights, Geographical Indicators, etc. Although these two types of Intellectual Property Rights are very distinct in nature, many tend to confuse the two. According to the World Intellectual Property Organization (WIPO), patents are an “exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.”…

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The featured image shows a woman whose image is split in two halves. One part is red and shows the devil on her shoulder while the other is blue and shows an Angel on the shoulder. The picture is also captioned "Morality by its own standards is the most immoral thing to exist, because it can justify the most horrible atrocities in the name of so-called greater good". To read more click here.

Morality and Patentability of Sexual Inventions

Morality is regularly cited as a ground of objection by the Indian Patent Office (IPO) while examining applications involving sexual inventions relating to aids, devices and stimulants. To understand if any of the patent applications managed to overcome the said objections and proceed to grant, we reviewed patent applications in class A61 relating to sexual aids, stimulants, toys and methods. Details of the patent documents reviewed have been provided in another part of this post. Out of seventeen (17) sexual…

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The featured image shows the word patent written in blue on a white background. The post is about the latest Patent updates. To know more, please click here.

Patent News

  Hello Readers!! There has been a lot that has been brewing over the past few weeks with respect to Patents. We have decided to recapitulate the patent news which have recently hit the headlines in our segment, Weekly Trends. Let us take a quick look at what happened in the past weeks, with this weekly update.   Dyson is coming to India! Dyson Ltd. a well-established UK-based Technology company will be entering India with its wide range of patented products next year…

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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…

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