Category: Patents

Compulsory licensing

Compulsory licenses are sovereign state authorizations which enable a third party to make, use, or sell a patented product without the consent of the patent holder. Provisions pertaining to compulsory licensing are provided for under both the Indian Patent Act, 1970, as well as the international legal agreement between all the member nations of WTO … Continue reading Compulsory licensing

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International Patent Drafting Competition

Patents are a major area of business proficiency nowadays and recently in India too, it has become as important as marketing, finance, corporate governance, and manufacturing economics. India’s growing R&D operations have taken a beating due to lack of in-house professionals to file patents applications. Even then, the numbers clearly indicate that there is a … Continue reading International Patent Drafting Competition

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Exclusions in Patentable Subject Matter in Malaysia

Malaysia’s Patent Act similar to other countries jurisdictions excludes certain subject matter from protection under patent. Such subject matter is defined under section 13(1) of Malaysia’s Patent Act. The Malaysian patent law uncovers some of the non-patentable subject matter relevant to the life sciences industry in Malaysia. This non-patentable subject matter in Malaysia affects the … Continue reading Exclusions in Patentable Subject Matter in Malaysia

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IPOPHL unanimously recommended for appointment as International Authority on Patent

The Intellectual Property Office of the Philippines (IPOPHL) has received unanimous international endorsement to be designated as an International Searching Authority and International Preliminary Examining Authority[1] (ISA/) under the Patent Cooperation Treaty, an agreement administered by the World Intellectual Property Organization (WIPO). In her presentation, IPOPHL Director General Josephine Santiago noted that the IPOPHL has … Continue reading IPOPHL unanimously recommended for appointment as International Authority on Patent

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Patent Filing Procedure: Vietnam

Step 1: Filing: Who may apply: Article 86 and 89: Authors who have created inventions with their own efforts and expenses Organizations or individuals who have supplied funs and material facilities to authors in the form of job assignment or hiring unless otherwise agreed by the involved parties. Foreign nationals residing permanently Foreign organizations having … Continue reading Patent Filing Procedure: Vietnam

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Biological Diversity Act, 2002 and Patenting of Biological Inventions in India – Part I (Section – 6)

The Biological Diversity Act of 2002 (BDA) is a piece of Indian legislation which came into being in response to compliance with the Convention on Biological Diversity (CBD), to which India is a ratified member. In fact, India has taken the lead among developing and developed nations both in introducing a substantive legislation in conformance … Continue reading Biological Diversity Act, 2002 and Patenting of Biological Inventions in India – Part I (Section – 6)

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Can non-compliance of mandatory provisions under the patents act, 1970 land you behind the bars?

Technically YES. The Patents Act, 1970 (hereinafter referred to as the “Act”) is a piece of legislation, penalties under which are largely civil in nature, such as fines, award of monetary damages, injunction, loss of patentee rights including compulsory licensing, abandonment of application or revocation of a patent. However, violation of certain provisions, such as … Continue reading Can non-compliance of mandatory provisions under the patents act, 1970 land you behind the bars?

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Early publication of patent application under the Indian patent law system

Publication of a patent application is one of the prime stages in the process of getting a patent. The publication date of the patent application is considered of a specific significance because the applicants’ advantages as well as rights start from the publication date. Even though the applicant cannot seek any infringement proceedings till the … Continue reading Early publication of patent application under the Indian patent law system

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Delhi High Court sought Explanation through Counter Affidavit over Repudiation of Patent application for Xtandi

Xtandi, the wonder drug for prostate cancer, was developed at UCLA, Los Angeles, by the innovation of NIH and Department of Defense grants. The drug was later licensed to Medivation, a biopharma company, which in October 2009 struck a deal with Japanese Astellas Pharma to collaborate on developing and commercializing Xtandi. The two companies now … Continue reading Delhi High Court sought Explanation through Counter Affidavit over Repudiation of Patent application for Xtandi

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Nuziveedu seeds wins legal battle against US Giant Monsanto!

It has been a long time since M. Prabhakara Rao, the chairman of Nuziveedu Seeds, was trying to knock down the world’s largest seed company “Monsanto Co”, in a high-profile conflict over licensing and royalty of patented seed technology–Bollgard II. Finally, in a decision taken on 29th of March, M. Prabhakara Rao won the long-fought … Continue reading Nuziveedu seeds wins legal battle against US Giant Monsanto!

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