Clarification on Small Entity Status of Patent Applicants in India
18th March, 2014 - 1:18 pm
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IP Practice in India
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I really wonder if the Indian Patent Act was already less troublesome that we needed a new set of rules, substantially increased fees, and more importantly introduction of the Small Entity Status of Applicants, which creates even more confusion on retrospectively payable fees, implications of change in status during prosecution, timeline for submission of Form … Continue reading Clarification on Small Entity Status of Patent Applicants in India
Read more »Roche sues Biocon and Mylan over biosimilar version of Herceptin in India
7th March, 2014 - 12:31 pm
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IP Practice in India
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Trastuzumab/Herceptin has been amidst several controversaries off lately and this time it is regarding a biosimilar which has jointly been manufactured by Biocon and Mylan. Background Roche’s breast cancer drug Herceptin sold under the brand names HERCEPTIN, HERCLONTM and BICELTIS is a biological drug used primarily for the treatment for human epidermal growth factor receptor … Continue reading Roche sues Biocon and Mylan over biosimilar version of Herceptin in India
Read more »Patent (Amendment) Rules, 2014
1st March, 2014 - 7:23 am
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IP Practice in India
IPAB Decisions
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The Patent (Amendment) Rules, 2014 has come in force with effective from 28th February 2014. The major changes are the hike in official fee and an introduction of a “small entity” to which a separate (reduced) fee shall be applicable. Further, in order to promote online filing of patents, different schedule of charges is proposed … Continue reading Patent (Amendment) Rules, 2014
Read more »IPAB strengthening the Principles of Natural Justice
28th February, 2014 - 1:50 pm
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This article relates to a judgment of Intellectual Property Appellate Board (hereinafter IPAB) dated 20th January 2014 in the case “Abraxis BioScience LLC USA Vs Union of India” for a patent application no. 2899/DELNP/2005. The said patent application was rejected by Indian patent office. Thus being aggrieved by the rejection of the patent application by … Continue reading IPAB strengthening the Principles of Natural Justice
Read more »Applicability of the principle “Proof of the right” to Conventional application
29th January, 2014 - 5:31 am
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This article relates to a recent judgment of IPAB in the case “NTT DoCoMo Inc. Vs The Controller of Patents and Designs” for a patent application No. 794/CHE/2006 which was refused to proceed further by the Indian patent office. Brief summary of the case In summary, the application relates to “TRANSMISSION RATE CONTROL METHOD AND … Continue reading Applicability of the principle “Proof of the right” to Conventional application
Read more »A Change in Year Brings Change in IP Laws and Policy
The intellectual property (IP) concepts that are applied today to the national laws and international treaties and organizations date back to eighteenth century. The IP laws vary from one country to another. The changes in Intellectual property laws also depend on the changes in technology. Due to emerging new technologies and R&D activities, the intellectual … Continue reading A Change in Year Brings Change in IP Laws and Policy
Read more »IPAB: Nature of Jurisdiction, Power and Authority
2nd January, 2014 - 5:17 am
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IP Litigation
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Patent Litigation
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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
Read more »Central Government’s power of Revocation of Patent in Public Interest
2nd January, 2014 - 3:10 am
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IP Litigation
IP Practice in India
Patent Litigation
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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
Read more »Rockstar Consortium US LP et. al.v. Google Inc
Gopikrishnan M, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at Google Inc. been accused of infringing technology related to its searching technology itself. Yet another high-tech and high-profile patent war is on, this one involving a combined attack on the search giant’s core technology. Google is being sued for direct patent infringement … Continue reading Rockstar Consortium US LP et. al.v. Google Inc
Read more »Sofosbuvir: The Next Pre-Grant Opposition Target by I-MAK
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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