BananaIP Counsels Logo

Celebrating 20 Years of IP Excellence

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…
July 23, 2022 Intellectual Property, Patents 0Comment 1293Views 0Like
Share

Read more

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…
July 22, 2022 Intellectual Property, Patents 0Comment 1301Views 0Like
Share

Read more

The image depicts the text 'Delhi High Court'

Delhi HC Interprets the Timeline for Pre-Grant Representation of a Patent

This post was first published on 24th April, 2012. The relevant paragraphs of the case are reproduced below, a case brief will follow soon: 60. It must be understood that prior to the amendment in Section 25 in the year 2005, even a pre-grant opposition could be filed only by any person „interested‟. It is only after the amendment in 2005 that any person can now file the pre-grant opposition. The Act, therefore, makes a distinction between an opposer at the stage…
July 24, 2019 Intellectual Property, Patents 0Comment 532Views 0Like
Share

Read more