Tag: indian patent office

Exclusions and Inclusions in latest Guidelines given by Indian Patent Office (IPO) for Examination of Computer Related Inventions (CRIs)

The Indian Patent office (IPO) after considering inputs/suggestions/comments from different stakeholders on previously issued Guidelines for Examination of CRIs (click here for IPO guidelines) has reissued the final guideline on 19th Feb 2016.  As per the reading of the guideline, CRIs comprise inventions that involve the use of computer, computer network or other programmable apparatus … Continue reading Exclusions and Inclusions in latest Guidelines given by Indian Patent Office (IPO) for Examination of Computer Related Inventions (CRIs)

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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 proposed draft can be accessed here. The major change suggested (proposed) under the draft Rules are as follows: In addition to above rules, … Continue reading Draft Patents (Amendment) Rules 2015

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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. In its decision, the patent office held that Boehringer failed to … Continue reading Section 3(D) of Indian Patent Act Strikes Again

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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. The impugned order rejected a patent to US drug maker Gilead for its hepatitis C drug “Sovaldi” on dated 13th January 2015. The detailed judgment can be found here. Facts of the case: … Continue reading Recent decision of Delhi High Court in the case of GILEAD PHARMASSET, LLC V. UNION OF INDIA & ANR

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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 Patent office has now released revised draft guidelines and in continuation of our earlier article here, we explain herein what those revisions are and impact of the guidelines in general. The revised guidelines are available here. The revised guidelines … Continue reading Revised Draft Guidelines for Examination of Pharma Patent Applications

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Examination Guidelines for Pharmaceuticals Patents

There has been limited judicial consideration of how patent law applies to pharmaceutical inventions in India. Little specific guidance is available to patent examiners in assessing whether a particular pharmaceutical invention satisfies the requirements for patentability. The absence of judicial guidance in this area is problematic. Indian Patent Office has published the Draft Guidelines on … Continue reading Examination Guidelines for Pharmaceuticals Patents

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Clarification on Small Entity Status of Patent Applicants in India

I really wonder if the Indian Patent Act was already less troublesome that we needed a new set of rules, substantially increased fees, and more importantly introduction of the Small Entity Status of Applicants, which creates even more confusion on retrospectively payable fees, implications of change in status during prosecution, timeline for submission of Form … Continue reading Clarification on Small Entity Status of Patent Applicants in India

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Patent (Amendment) Rules, 2014

The Patent (Amendment) Rules, 2014 has come in force with effective from 28th February 2014. The major changes are the hike in official fee and an introduction of a “small entity” to which a separate (reduced) fee shall be applicable. Further, in order to promote online filing of patents, different schedule of charges is proposed … Continue reading Patent (Amendment) Rules, 2014

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Quick Glance at Patents (Amendment) Rules, 2013

The Patent (Amendment) Rules, 2013 came in force with effective from 15th October 2013. It appears that the primary aim of the amendment is associated with various procedures as Indian Patent Office starts functioning as International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the PCT. Under the amended rules the sequence listing … Continue reading Quick Glance at Patents (Amendment) Rules, 2013

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Indian Patent Office is now ISA and IPEA under PCT

The Indian Patent Office is recognised as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the Patent Cooperation Treaty (PCT) w.e.f 15th October 2013.  This is a major development and in itself is a huge responsibility as well for the Indian Patent Office (IPO). The IPO will now be examining the … Continue reading Indian Patent Office is now ISA and IPEA under PCT

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