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.
Establishment of Commercial Courts Division at Delhi High Court
Pursuant to the Promulgation of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015 the Hon’ble the Chief Justice vide orders dated 15.11.2015 has declared the constitution of Commercial Division at Delhi High Court with Six Benches, consisting of a Single Judge each, under Section 4(1) of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015, with effect from 16.11.2015.
VPATAPP – An Android Based Free Mobile App
We at IIPRD are glad to associate with a team of IP Enthusiasts who have developed an android-based mobile application called “VPATAPP”, and are happy to give a brief introduction of the same to our readers.
Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance Promulgated in India
The President of India on October 23, 2015 promulgated the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015, No. 8 of 2015.
A Simplified Account of Patenting Procedure in India
Well, this is something for which we have been getting queries on regular basis from individual inventors, universities and companies in India as well as outside India. This article comprehensively addresses all the procedural issues which normally applicant faces while patenting invention in India.
Draft Patents (Amendment) Rules 2015
Indian Patent Office (IPO) has recently published Draft Patents (Amendment) Rules 2015 and has invited comments (objections or suggestions) from public within 30 days from the publication of the notification (26th October 2015).
The Coarse Course of the Trademark Agent Examination and the Viva Voce marks
A long wait of 5 years finally dawns upon the announcement of the Indian trade marks agent exam 2015 reigniting ageing dreams of aspirants. Notwithstanding the sigh of relief the announcement brought with itself, the onset of the trademark agent 2015 procedure and preparations however are not left untouched by certain rhetorics and concerns.
The Game of Fame and Name
One of the famous quotes of Shakespeare is ‘what’s in a name’. As well acclaimed and with due respect to his views “a rose would smell like a rose even if it were called by another name” has lost its relevance in present day scenario.
Research Exemption in Indian Patent Law
The research or experimental use exemption permits researchers and product manufacturers to make certain use of a patented invention. The general idea behind this exemption is that it sets boundaries to patent holder rights such that the patent holder cannot prevent third parties from undertaking certain activities with respect to the patented invention.
Patentability of Genes, Gene Sequencing & DNA based Primers
Patents have been granted in various biotechnology fields such as genetically engineered plants, human genetic sequencing, recombinant DNA molecule, diagnostic kits, stem cells, isolated nucleic acid encoding a gene and DNA related inventions such as preparing vectors, primers etc, but it was not the same before genetically engineered microorganism was granted a patent first.
Interpretation of Section 31 of Indian Patents Act, 1970
While the focus of the article is specifically on the interpretation of section 31, mentioning other relevant sections of the act and trying to understand the purpose of section 31 will help us interpret the section 31 correctly.
SUCCESSFUL CONCLUSION OF NATIONAL PATENT DRAFTING COMPETITION (NPDC) 2015 !
IIPRD, this year, with the support from Khurana & Khurana, Advocates and IP Attorneys (K&K), and Sughrue Mion PLLC, has launched a one of its kinds competition in India on Patent Drafting called as “National Patent Drafting Competition” or NPDC to promote development of Patent Drafting as a Skill Set and encourage more and more technical people to take up Patent Drafting as a Professional Competency, along with identifying and encouraging Top Patent Drafters in Country.
The Curtain Raiser Formal Guidelines for Examination clarifying Patent Examination Position on Computer Related Inventions in India
The much debated and iterated ‘Guidelines for Examination of Computer Related Inventions’ formally released by the Office of Controller of Patents finally dawns the light upon the much elusive position on Software and Business Method Patents in India.
“Well, You have not made out prima facie case for Compulsory License”: Notifies Rajiv Agarwal, Controller General of Patents, Designs and Trademarks, to Lee Pharma!
In a major update for the patent circle (and of course Pharma industry), reportedly, Lee Pharma, a Hyderabad based Indian pharma company, which had filed a Compulsory Licensing (CL) Application on June 29, 2015 in India, against one of the patented drug Saxagliptin of AstraZeneca (used for treating Diabetes Mellitus), has failed to make out prima facie case for the same.
Yippee..here comes the ‘Trade Marks Agent Exam’
Yes, you all read it right. Long waiting has come to an ending. Here is the link for the notification dated August 20th, which was published at the Indian Patent Office (IPO).
Denial of Injunction on the grounds of Acquiescence and Delay by Plaintiffs: SRF Foundation v. Ram Education Society
‘SRF Foundation’ plaintiff no.1 is a registered non-profit society engaged in several social and community work including running schools such as “The Shri Ram School”.
OMG! Over 2.26 lakh patent applications pending with Patent offices in India for approval…Why? Shortage of professionals says Commerce and Industry Minister!
In worrying statistics, Commerce and Industry Minister Nirmala Sitharaman, as reported in a news article dated 31st July 2015, informed parliament in a written reply to the Lok Sabha that as many as 2, 26, 339 patent applications are pending for approval with various Patent offices in India due to shortage of professionals.
Revocation of Valganciclovir patent by Controller of Patents, Chennai
Recently in a matter remanded from IPAB to Controller of Patents, Chennai, a decision of revoking Roche’s patent IN207232 for Valganciclovir was delivered after hearing both the parties.
Three Days International Symposium on Strategies for Managing Pharmaceutical, Biotechnology and Chemical Patent Portfolios (United States, European and Chinese Scenario)
We are happy to inform you all that IIPRD and Khurana & Khurana, in association with Sughrue Mion, PLLC, USA, TEE & HOWE IPATTORNEYS, CHINA and MAIWALD, GERMANY are holding an International Patent Symposium covering all major and relevant Pharmaceutical, Biotechnology and Chemical Patent Portfolios in the month of October, 2015 in India.
Division Bench of Delhi High Court Passed an Interim Order against Glenmark Restraining Infringement of Symed’s Suit Patents (July 2015)
The High Court of Delhi has restrained Mumbai-based generic drug maker Glenmark Pharmaceuticals Ltd from manufacturing and selling, directly or indirectly, Linezolid, manufactured through the process patented by the Hyderabad-based pharma company Symed Laboratories Ltd.
Compulsory Licensing Application against the Patented Drug SAXAGLIPTIN by Lee Pharma
Lee Pharma, a Hyderabad based Indian pharma company, has filed a Compulsory Licensing (CL) Application (in accordance with Section 84(1) of the Indian Patents Act) against one of the patented drug Saxagliptin for treating Diabetes Mellitus.
Section 3(D) of Indian Patent Act Strikes Again
India revoked yet another drug patent granted to a German MNC, Boehringer Ingelheim, for its respiratory drug, Spiriva (crystalline tiotropium bromide monohydrate) at a time when the US is putting pressure on Indian government for not providing adequate patent protection to multinational drug companies.
Criticism Sites using Confusingly Similar or Identical Domain Names
Cybersquatting is the buzz word in the arena of domain name disputes and various.
Win.rar wins over the Disputed Domain Name winrar.com under UDRP Proceedings: win.rar GmbH v. Win Road Assistance Repairs Pvt. Ltd
Recently, granting a major victory to our client, the World Renowned Data Compression Software System provider win.rar GmbH, Administrative Panel, WIPO under UDRP, in its recent decision vide Case no. D2015-0398, issued transfer of disputed domain name www.winrar.com to win.rar GmbH.
Now Unlock your Devices with a Selfie!
Passcodes and the famous Fingerprint-Scans may soon be a thing of the past.
A company sets different price for its products for different countries as per the requirements.
Delhi High Court Stays Order Restraining Lupin From Using Disputed Trademark ‘LUCYNTA’
Reportedly, Hon’ble Delhi High Court stayed an earlier order, dated 26 February, restraining Lupin from using the trademark “LUCYNTA” for its medicines, said to be deceptively similar to the trademark “NUCYNTA” of Johnson and Johnson.
Semiconductor Integrated Circuit Layout Design (SICLD)…… Unused Potential IP
When we indulge in conversations related to Intellectual Property, what typically comes to our mind are Patents or Trade Marks or Copyrights or maybe Geographical Indication (GI).
Advocates as Patent Agents
In a landmark (and in a way divisive) judgment, Justice S. Tamilvanan of the Madras High Court, on 15th March 2013, allowed the writ petition filed by Mr. S.P. Chockalingam (W.P.No.8472 of 2006) and declared the amendments introduced to Section 126 of the Patents Act 1970, by Section 67 (a) of the Patents (Amendment) Act, 2005 (Act 15 of 2005) as illegal, unconstitutional, ultra vires, void and unenforceable.
NPDC Supplementary Details
Domestic and International laws prohibit patenting of traditional knowledge of any local community.
CIPLA & BMS may settle patent dispute over Entecavir in India
US based pharma major Bristol-Myers Squibb (BMS) and Indian pharma company Cipla Ltd. are heading towards an amicable settlement on a long-stretched patent dispute concerning BMS’ hepatitis B drug Entecavir, a leading anti-viral drug for Hepatitis B patients that brings in more than a billion dollars each year globally for BMS.
Part 3 of 3: Patent Term Extension laws for Europe and the United States of America: compared and contrasted
This is third and last part of the three part series dedicated to the discussion on the comparison of the Patent Term Extension laws of Europe and the United States of America (USA).
Part 2 of 3: Patent Term Extension laws for Europe and the United States of America: compared and contrasted
This is second part of the three part series dedicated to the discussion on the comparison of the Patent Term Extension laws of Europe and the United States of America (USA).
Part 1 of 3: Patent Term Extension laws for Europe and the United States of America: compared and contrasted
Many people love comparing and contrasting and I am one of those (at least for study purposes).
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.