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.
Plant Varieties and Farmers‟ Rights Act, 2001
Ministry of Agriculture & IPAB failure in invoking the transitional provision as provided under Section 59 of The Protection of Plant Varieties and Farmers‟ Rights Act, 2001 for setting up a tribunal.
Online Copyright infringement and its liability upon Intermediary
1. Copyright is a bundle of rights which is meant to encourage creativity. In ancient days creative persons worked for fame and recognition rather than to earn a living, thus, the question of copyright never arose. In the last four decades modern and advanced means of communication like broadcasting, litho-photography. Television, websites contents etc have made the Copyright Act an important act to deal with possible problems of ownership and infringement on such rights.
Intersection between Intellectual Property (IP) and Competition Law
With a growing buzz around how IP and Competition law interface with each other, instances when they can be coupled by Defendants to raise concerns/defense arguments, as to how and when investigations can be initiated through the Competition Commission of India (CCI), are becoming critical and hence need clarity at all ends. This piece is a small step towards the same.
Term of Patent in India: What’s with date 20th May 2003?
Section 53 of the Patents Act, 1970 deals with the determination of term of patent in India. Subsection 1 of section 53 provides that the term of every patent granted, after 20th May 2003, and the term of every patent which is not expired and is not ceased to have effect, on 20th May 2003, under this Act, shall be twenty years from the date of filing of the application for the patent.
Germany’s Boehringer Repudiated Patent on HIV Drug- Nevirapine
The Indian Patent Office has repudiated Germany’s Boehringer Ingelheim patent on its key HIV drug- Nevirapine, Patent Application Number: 4724/DELNP/2009 entitled “Extended release formulation of Nevirapine”, for a version sold as Viramune XR (extended release), once again forestalling attempts by Big Pharma for “exclusivity” extension on their patented drugs to reportedly block entry of reasonably priced generics.
Extension of Time to submit the objections or suggestions to the Proposed Draft of Amendment of Trade Marks Rules, 2002
This post comes as an update to the previous one in context of the Proposed Draft Trade Mark Rules by the Central Government, which has been dealt few days back. The proposed draft rules were published on 17th November 2015 for information of all persons likely to be affected, inviting objections or suggestions, if any, with an indication that the said draft rules shall be taken into consideration after the expiry of a period of thirty days from the date of publication.
Proposed Trademark Amendment Rules 2015
Recently, Ministry of Commerce and Industry (Department of Industrial Policy and Promotion (DIPP)) issued out Draft of proposed Rules for Trade Marks. The proposed draft rules are open as of now to receive objections and comments from the concerned person, which shall be taken into Consideration by the Central Government. The draft rules proposed significant changes in the Government Filing fees and the Format of Forms for Trade Mark Prosecution.
Delhi High Court Upholds Roche’s Patent Claims on Lung Cancer Drug (Tarceva) Against Cipla
A division bench of Delhi High Court on 27th Nov 2015 held that the Indian drug manufacturer Cipla infringed Swiss pharmaceutical company Roche’s patent on Erlotinib hydrochloride, marketed under the name of “Tarceva”.
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.