Category: IP Practice in India

IPAB: Nature of Jurisdiction, Power and Authority

2nd January, 2014 - 5:17 am Categories: IP Litigation IP Practice in India IPAB Decisions Patent Litigation Patents

Akash Patel, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the nature of jurisdiction at the IPAB, its power and authority. In a judgment dated July 08, 2013, a larger bench of Intellectual Property Appellate Board (hereinafter read as IPAB) had decided on two important issues, one relating to IPAB’s power … Continue reading IPAB: Nature of Jurisdiction, Power and Authority

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Central Government’s power of Revocation of Patent in Public Interest

2nd January, 2014 - 3:10 am Categories: IP Litigation IP Practice in India Patent Litigation Patents

Gopikrishnan M and Akash Patel, interns at Khurana and Khurana, Advocates and IP Attorneys, looks at Central Government’s power of Revocation of Patent in Public Interest. The Indian Patent Act,1970(hereinafter Act) empowers the Central Government to revoke any patent granted by the Indian Patent Office if it feels that the said patent is prejudicial to public … Continue reading Central Government’s power of Revocation of Patent in Public Interest

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Copyrights Enjoyed By Musicians

16th December, 2013 - 9:10 am Categories: Copyright Litigation IP Practice in India

Sanyukta Biswas, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the rights of singer, lyricist and composer that have been incorporated by the 2012 amendment. Once upon a time in India even the most noted of film artists and musicians could not secure themselves financially despite their brilliance. In an infamous legal … Continue reading Copyrights Enjoyed By Musicians

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Sofosbuvir: The Next Pre-Grant Opposition Target by I-MAK

10th December, 2013 - 5:58 am Categories: IP Practice in India Patents

After anti–influenza drug Tamiflu (Oseltamivir Phosphate) and antiretroviral drug Viread, Gilead Sciences is again back in news, this time with its hepatitis C (HCV) drug Sofosbuvir. Like Tamiflu and Viread pre-grant opposition, Sofosbuvir patent application is also facing pre-grant opposition. Non-profit group I-MAK (Initiative for medicines access and knowledge) has filed a pre-grant opposition against … Continue reading Sofosbuvir: The Next Pre-Grant Opposition Target by I-MAK

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Indian Patent Office Rejects Compulsory Licensing Application: BDR Pharmaceuticals Pvt. Ltd. Vs Bristol Myers Squibb

13th November, 2013 - 7:23 am Categories: IP Practice in India

India issued its first CL last year for a Bayer’s kidney liver cancer drug Nexavar to an Indian generic manufacturer Natco on all three grounds of section 84 (1) including reasonable requirement of public not being met, non availability of drug on affordable prices, and non-working of the invention in the territory of India. This … Continue reading Indian Patent Office Rejects Compulsory Licensing Application: BDR Pharmaceuticals Pvt. Ltd. Vs Bristol Myers Squibb

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Quick Glance at Patents (Amendment) Rules, 2013

28th October, 2013 - 5:23 am Categories: IP Practice in India

The Patent (Amendment) Rules, 2013 came in force with effective from 15th October 2013. It appears that the primary aim of the amendment is associated with various procedures as Indian Patent Office starts functioning as International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the PCT. Under the amended rules the sequence listing … Continue reading Quick Glance at Patents (Amendment) Rules, 2013

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Indian Patent Office is now ISA and IPEA under PCT

16th October, 2013 - 5:33 am Categories: IP Practice in India

The Indian Patent Office is recognised as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the Patent Cooperation Treaty (PCT) w.e.f 15th October 2013. This is a major development and in itself is a huge responsibility as well for the Indian Patent Office (IPO). The IPO will now be examining the … Continue reading Indian Patent Office is now ISA and IPEA under PCT

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New Guidelines for Computer Implmented Inventions. Are we still clear on what is Statutory?

12th August, 2013 - 7:30 am Categories: IP Practice in India News & Updates

It was on 8’th August 2013 that the Patent Office, based on feedback from numerous stakeholders, came out with yet another draft of guidelines on subject matters that relate to Computer Implemented Inventions, interchangeably also referred to as Computer Related Inventions (CRI) hereinafter. The mandate of the instant article is not to assess or question … Continue reading New Guidelines for Computer Implmented Inventions. Are we still clear on what is Statutory?

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GSK’s patent on lapatinib ditosylate revoked by IPAB

8th August, 2013 - 9:36 am Categories: IP Practice in India Pharma/Biotech Patent Litigations

GSK’s granted patent IN221171 (‘171) on lapatinib ditosylate (marketed as Tykerb), a tyrosine kinase inhibitor for treating breast cancer, was revoked by IPAB by its order of 27th July, 2013. A revocation application was filed by Fresenius Kabi Oncology Limited. The patent is revoked on ground of non-compliance with S.3d alone on basis of no … Continue reading GSK’s patent on lapatinib ditosylate revoked by IPAB

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Now Responses to Examination Reports can be filed online too!

11th July, 2013 - 11:24 am Categories: IP Practice in India

As per the notification of 07th July 2013 at the Indian Patent Office, the responses to Examination Reports can now be also filed online. The online database of Indian Patent Office has been significantly automated over the last couple of months causing much convenience to the Applicants and Agents as well as speeding processes at … Continue reading Now Responses to Examination Reports can be filed online too!

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