An enforceable Patent is the key to effective Commercialization/Out-Licensing of any technology. No matter how good a technology is, if the description of the technical subject matter is not enabling or fails to disclose all necessary embodiments, and in case the claims are narrowly drafted and do not gain support from the specification, the worth of the technology is insignificant.
Patent Prosecution is not merely a process of interaction between an Applicant and/or his Legal Representative and a Patent Office with respect to patentability of a patent, but, for the Applicant, is also a test of legal and technical competence that it believes the Legal Representative posseses. Patent prosecution is highly individualized and reflects the underlying skill set of each Attorney as the prosecution process itself involves high level of technical negotiation and interpretation of specific terminologies with the patent office, which in the end has high-impact value for the client.
Office Action Technical Analysis
An "Office Action" is a letter from a patent office in which a patent examiner or other official of the patent office makes an official communication to the patent applicant about the status of the patent application. Most Office Actions are written by a patent examiner after examining a patent application,
Patent filing and docketing
Patent docketing is a method or system for managing the patent application process. Docketing is a particularly crucial tool for patent law firms,
Trademark Prosecution support
Trade Mark is a prerequisite to Brand Building and the journey from Trade Mark to Brand and Brand Equity is tedious and needs proper blending of resources. Mere advertisement doesn't help!! Therefore, corporates need to be very cautious while going through the journey from Trade Mark to Brand Equity,
Trade Mark Support Services
For corporations with extensive portfolios that require additional trademark management support, IIPRD provides a customized solution that compliments the corporations' existing agent network. Through our team of experienced trademark professionals, we offer specialized trademark administrative support from pre-filing activity through to post registration management.
Recent Patent Litigation Cases (2014-15): India
Patent Litigation in India has steadily increased over last 2-3 years. Dramatic swift has been observed in the innovator’s perspective from the mere aspect of invention to gaining patent protection for their respective invention.
ROLE OF DOCUMENTATION IN PROTECTING TRADITIONAL KNOWLEDGE
Domestic and International laws prohibit patenting of traditional knowledge of any local community.
Improving Regulatory Transparency for New Medical Therapies Act
A new act passed in the U.S. house of representative: What will it protect?
Supreme Court stayed the Delhi High Court order of injunction against Glenmark over the Generic drug “Sitagliptin”
Reportedly, Hon’ble Supreme Court of India on Special Leave Petition filed by Glenmark stayed the Delhi High Court order which passed injunction against Glenmark for the generic drug Sitagliptin till 28th April 2015.
High Court grants injunction against Haricharan Singh from using Trade mark/Trade Dress similar to Trade Dress/Trade Mark “John Deere”
Recently, Delhi High Court passed an interim injunction against Harcharan singh & Anr from using any trademark/ trade dress similar to the trade mark “John Deere”.
First time in India – Free IPR Clinic for Indian Startups – by Khurana & Khurana Advocates & IP Attorney
Even though Intellectual Property Rights (IPR), Innovation and knowledge protection is emerging to be a key driver in businesses, very few startups have the proper information and understanding of IPR, let alone the approach to forming an optimal IPR strategy for their business.
Recent decision of Delhi High Court in the case of GILEAD PHARMASSET, LLC V. UNION OF INDIA & ANR
Recently, the Delhi high court on dated 30th January 2015 set aside an order of the Deputy Controller of Patents and Designs.
Music Rights for Use in Films
In recent times, music copyrights and their ownership/rights to producers, artists, among other stakeholders, have been under strong discussion across geographies. We are happy to have a Guest Post from Gemma Harrison, a freelance writer, on her high-level take on the Copyrights in Music.
Amendment in Design Rules and Fee
Controller General of Patents, Design and Trade Marks, Mr. Chaitanya Prasad, has issued a Public Notice on 1 January, 2015, wherein it has been put forth that, from December 31, 2014 Official Fees for filing a new Design application as well as other proceedings of Design has been amended.
Belly Fireman! Rescued by Delhi High Court
In the recent decision of Delhi High Court in the case of Reckitt Benckiser(India) Ltd v Dabur India Ltd, the Hon’ble court decided on the issue of deceptive similarity between the television advertisement of Pudin Hara lemon fizz drink and Gaviscon.
Gentle Update on Khurana & Khurana: Acquisition of Closer2Patents and Opening Up of Mumbai Branch Office
We are very glad to announce Khurana & Khurana, Advocate and IP Attorneys (K&K) ‘s acquisition of Closer2Patents, a growing IP Consulting Practice based in Mumbai, effective 1’st Jan 2015.
Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors
This article is relates to a recent judgment of Intellectual Property Appellate Board (hereinafter IPAB) dated 4th December 2014 in the case “E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors.”
‘Pro Tem’ Relief to Xiaomi for importing and selling of Qualcomm based Handsets in India
Reportedly, a bench of Delhi High Court temporarily allowed Xiaomi to sell few of its devices in India about a week after the suspension of its sales in the third largest smart phone market of the world.
Revocation Application/ Proceeding Summary: Improved Diffuser for an Air Conditioning System
Applicant in this case is M/s Air Master Equipments India (P) Ltd and Respondents are:
News Snippet: Novartis sues Cipla for infringement of patents covering “Onbrez”
In a latest update, Novartis has sued Cipla for infringing its patents on “Onbrez” (Indacaterol) after Cipla lunched its generic version for Indacaterol in October claiming “urgent unmet need” for the drug in India.
CIPLA’s plea for revocation of Novartis Patents for Onbrez may face major set back by the Government
As reported in TOI, the Indian Government has found very little merit in Cipla’s plea for waiver and cancellation of Patent rights for chronic obstructive pulmonary disease (COPD) drug over which Novartis has exclusive rights.
Xiaomi Injunction: Yet another injunction given too soon?
In CS(OS) 3775/2014, as we understand from multiple sources, Xiaomi has been injuncted from manufacturing its line of smart phones for it has been prima-facie found to be infringing on certain standard essential patents of Ericsson.
Omnibus is a Latin word meaning ‘For all, for everyone’. The dictionary defines omnibus as ‘A printed anthology of the works of one author or of writings on related subjects’.
Business Method Patents
During the recent visit of Indian Prime Minister to USA, one of the issues that figured prominently in talk agenda was IP related issues.