Category: IP Practice in India

India simplifies Process of filing PCT National Phase Applications

14th July, 2012 - 1:09 pm Categories: IP Practice in India News & Updates

In a promising move by the Indian Patent Office (IPO), the Controller General of Patents, Designs and Trademarks (CGPDT) has issued new instructions for filing PCT National Phase Applications in India. The public notice was issued on July 02, 2012 and is in force since July 06, 2012. The copy of the notice can be accessed … Continue reading India simplifies Process of filing PCT National Phase Applications

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Removal from Trademarks Register Due to Non-Use

19th May, 2012 - 11:22 am Categories: IP Practice in India Trademark Litigation

Is using and/or commercializing a registered Trade Mark really necessary in India or is simply sitting over it and renewing the same periodically enough to maintain the mark and gain from the protection it accords. Poorva Khandekar, an intern at Khurana & Khurana and 4’th year law student from KIIT Law School, Bhubaneswar explores the … Continue reading Removal from Trademarks Register Due to Non-Use

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Question of claim amendments by patentee in India

28th April, 2012 - 10:18 am Categories: IP Practice in India Patent Litigation

We would discuss hereinbelow the various scenarios when the patentee can seek amendment of the specification and claims of his patent. Further this Article would examine as to when and when not the patent amendment should be allowed during pendency of patent infringement suit. The Author, at the end, presents a hypothetical case to raise … Continue reading Question of claim amendments by patentee in India

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First Compulsory License Grant in India to Natco

31st March, 2012 - 1:58 pm Categories: IP Practice in India News & Updates Pharma/Biotech Patent Litigations

The Controller General of India passed an order of compulsory license (CL) against Bayer’s patent on drug Nexavar on March 09, 2012, which is India’s first compulsory license and is resulting from India’s first CL application filed by Natco last year which was reported and discussed by us. The complete CL order is available at … Continue reading First Compulsory License Grant in India to Natco

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Opposition against Monsanto’s European Patent on a virus resistant Melon Plant variety

21st February, 2012 - 4:44 pm Categories: IP Practice in India Pharma/Biotech Patent Litigations

Dr. Vandana Shiva, an Indian Environmental Activist has lent her support to “No Patent on Seeds”, a European coalition, in opposing the European Patent EP1962578 granted to Monsanto in May 2011. The Patent claims a melon variety having resistance to Curcurbit Yellow Stunting Disorder Virus (CYSDV) with virus resistance traits taken from melon varieties found … Continue reading Opposition against Monsanto’s European Patent on a virus resistant Melon Plant variety

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How to Best Protect Patents on New Synthetic Processes and Intermediates in United States: Understanding “Material Change” exception

4th February, 2012 - 10:31 am Categories: IP Practice in India Pharma/Biotech Patent Litigations

Here I present another Practice Pointer series, useful for Indian API manufacturers (or to that matter for any country) who are innovating and patenting new and economical processes and novel intermediates thereof and want to capitalize on US Market. The Article will discuss the infringement under the United States Process Patent Legislation and judicial decisions … Continue reading How to Best Protect Patents on New Synthetic Processes and Intermediates in United States: Understanding “Material Change” exception

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Practice Pointer: Form 27 Requirement in India (Statement Regarding the Working/Non-Working of Issued Patents)

4th February, 2012 - 9:36 am Categories: IP Practice in India

It is needless to say that one core mandate of protecting one’s intellectual property is to promote the progress of science for the benefit of humankind. At the same time, it is also important to ensure that a patentee’s right of excluding others from making, selling, using, offering to sell, and importing the protected subject … Continue reading Practice Pointer: Form 27 Requirement in India (Statement Regarding the Working/Non-Working of Issued Patents)

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Practice Pointer Series: Brief on Patenting Diagnostic Methods in India

14th January, 2012 - 7:19 am Categories: IP Practice in India

Patenting of medical methods is prohibited in India according to Section 3 (i) of the Indian Patent Act, which states that “any process for the medicinal, surgical, curative, prophylactic [diagnostic therapeutic] or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase … Continue reading Practice Pointer Series: Brief on Patenting Diagnostic Methods in India

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AK 47 needs Copyright to fire?

10th October, 2011 - 1:25 pm Categories: IP Practice in India

Who would imagine that AK 47 might need copyright protection? Yes!! You Read it right!! None other than Mikhail Kalashnikov, the inventor of the AK-47 rifle had threatened India for a copyright violation. Story goes way back in 2000 when, an Indian ordnance factory had developed a replica of the AK-47, and put it on … Continue reading AK 47 needs Copyright to fire?

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Patent laws on Genes and Gene Sequences

2nd October, 2011 - 12:22 pm Categories: IP Practice in India Patent Litigation Pharma/Biotech Patent Litigations

Advancement in science and genetic application, with enhanced knowledge of Human Genome has been the main focus in the field of medicine and biotechnology areas. Continuous and ongoing researches in genome project, identifying specific target genes and their respective response and functional activities, have evolved genetic therapeutics in treatment of multifactor disorders such as heart … Continue reading Patent laws on Genes and Gene Sequences

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