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Allergan Inc vs The Controller of Patents
Introduction 13th August, 2012: Allergan Inc (“Appellant”) applied to the Patent Office, New Delhi, for the grant of a patent for “INTRACAMERAL SUSTAINED RELEASE THERAPEUTIC AGENT IMPLANTS” stating 20 claims. 06th November, 2017: The Controller of Patents (“Respondent”) objected the application by informing the Appellant that the subject matter is not patentable as under section … Continue reading Allergan Inc vs The Controller of Patents
Read more »Scope Of Discretionary Powers Of The Controller Under Section 80, Patents Act
“Audi alteram partem” It is a famous Latin phrase and literally translates as “listen to the other side”. Other than being a famous Latin phrase, the same is also one of the two fundamental principles of natural justice. The aim of natural justice is to ensure fairness and remove arbitrariness. This doctrine dates back hundreds … Continue reading Scope Of Discretionary Powers Of The Controller Under Section 80, Patents Act
Read more »Power of Controller to Review Own Decisions: Scope of Section 77(1) (F) & (G)
It is a general rule that once pronounced by a Court a judgment becomes functus officio and it cannot be altered or changed. However, an exception to this rule lies in the equity principle of ‘writ of error’. Writ of error is a writ filed where an error in delivering a judgment can be rectified … Continue reading Power of Controller to Review Own Decisions: Scope of Section 77(1) (F) & (G)
Read more »Analysing Anuradha Doval V. Controller: A Revisit To Prior Publication And Novelty In Designs
Exactly a year back, Calcutta High Court gave an elaborate judgement discussing the conditions for grant of design. The case holds relevance as it discusses element of Novelty and Prior Publication in detail. This post will try to comprehensively analyse the case. FACTS The design-in-dispute is a bottle cap under class 09-01 bearing Application No. … Continue reading Analysing Anuradha Doval V. Controller: A Revisit To Prior Publication And Novelty In Designs
Read more »Indian Patent Office Rejects Compulsory Licensing Application: BDR Pharmaceuticals Pvt. Ltd. Vs Bristol Myers Squibb
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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