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 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.
Trademark Row over “Khadi”
As per recent news in The Times of India the Indian government is bracing itself for a trademark battle against German Company’s “Khadi Naturprodukte” over the handspun fabric that was made a centre piece of India’s freedom struggle by Mahatma Gandhi.
High Court grants interim injunction against online retailer from using L’oreal Trademark
Recently, Delhi High Court passed an interim injunction against an online retailer restraining them from using the name of L’oreal to sell or supply any goods on any website or in any other manner having regard to the L’oreal’s plea alleging counterfeit products having its trademark were being sold/ traded by the online retailer Brandworld through the shopping website Shopclues.com.
Cipla Files Representation with Govt. Seeking Revocation of Novartis’ Patents
It has been recently reported in Economic times that Cipla has filed representation with the government (Department of Industrial Policy & Promotion) seeking revocation of five patents of Novartis on indacaterol, a respiratory drug for the treatment of chronic obstructive pulmonary disease (COPD) and marketed as Onbrez by Novartis.
PATENTS IN THE FIELD OF OUTER SPACE
An Indian space craft successfully entered Mars’ orbit, marking it as the first interplanetary mission for the country making India in the processof being the first Asian nation to reach the Red Planet— and the first nation in the world to successfully reach Mars on its first attempt.
Practice of Patent Asserting Entities: Boon or Bane: Global Innovations
Patent troll relates to a person or company that enforces its patents against one or more alleged infringers in an opportunistic and unduly aggressive manner, often with no intention to manufacture or market the patented invention.
Emcure’s Notice of Motion succeeds against Corona Remedies: Bombay High Court
In the recent decision of Bombay High Court in the case of Emcure Pharmaceuticals v Corona Remedies, the Hon’ble court decided on the issue of deceptive similarity, acquiescence and balance of Convenience in favor of Emcure Pharmaceuticals.
Criminalizing online sharing of Academic Article by a Columbian Student
Diego Gomez is a student perusing post graduation in Conservation and Wildlife Management in Costa Rica. Like students of developing countries, he also used to face lack of availability of literature in the libraries and other sources of reading.
Two Days International Symposium for R&D Scientists and IP Practitioners
We are happy to inform you all that IIPRD and Khurana & Khurana, in association with Sughrue Mion, PLLC, (US) is holding an International Patent Symposium covering all major and relevant Pharmaceutical/Biotechnology Related Patent issues in the month of September, 2014 in India.
Monkey Selfie-Legal Aspects
David J. Slater is a British wild life photographer from Gloucestershire who ventured to an Indonesian jungle in 2011 to take photos of extremely rare crested black macaque monkeys.
Revised Draft Guidelines for Examination of Pharma Patent Applications
We have earlier reported the release of Draft Guidelines for Examination of Pharma Patent Applications.
The Nagoya Protocol – Convention on Biological Diversity
A new international treaty named the “Nagoya Protocol” will be giving some relief to India and other developing countries.
Indian Patent office rejects Patent claim over Abraxane
In a major setback, the Indian Patent Office denied a patent to an anti cancer drug Abraxane manufactured by US-Based Abraxis BioSciences.
Tesla Motors Decide to Open Source their Patents
On June 12th 2014, Elon Musk, CEO and Chief Product Architect of electric car company Tesla Motors announced that Tesla Motors will let other companies use its inventions under an open source inspired agenda at the company.
ODISHA COURT ADMITTED CASE AGAINST AAMIR KHAN PRODUCTION’S PROPOSED ‘SATYAMEV JAYATE’ USE AS TRADE MARK
As per the sources, the court in the Odisha capital, Bhuvaneshwar has admitted a petition challenging Aamir Khan Production’s plans to use ‘Satyamev Jayate’, the national motto of India, as a business brand under which it is proposed to sell everything from kitchen utensils to footwear.
And we thought Java API’s were open?
Oracle vs. Google is truly one of the most amazing IP battles that I have personally observed in the recent past.
IIPRD Blog – Patent Trolling and Fee-Shifting
Clarification on Small Entity Status of Patent Applicants in India
Manish Kumar, intern at Khurana and Khurana, Advocates and IP Attorneys, looks at 'fee-shifting' paradigm in US Patent Act in light of US Supreme Court recent judgments.
Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders
A lot has been discussed on the Novartis ruling indicating much higher standards of patentability under Indian law under section 3d.
M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel , Section(64) patent act, 1970
Because of IIPRD's strong and acute focus on IP Commercialization and Licensing Issues and having been a part of numerous Out-Licensing deals, IIPRD provides extensive services including both In-Licensing & Out-Licensing Studies,
3D Trade Marks
In recent years, trade mark registries and courts have grappled with applications for silhouettes, shapes, scents, textures, short cartoons, single colors, body movement's etc as trademarks. This invasion of the unconventional is due to the abstract nature of the legal definition of a trademark. On one hand the trade mark law has embraced an open- ended definition that emphasis the functional, rather than the ontological status of a sign.
INDIA SIGNS MARRAKESH TREATY FOR VISUALLY IMPAIRED
India has signed 'Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled' at a ceremony organised by the World Intellectual Property Organisation (WIPO) at Geneva during 28th April to 2nd May 2014 through Smt. Veena Ish, Joint Secretary in the Ministry of Human Resource Development.