Category: Patents

To Patent, Or Not To Patent, That Is The Question

The granting of secondary use patents in the pharmaceutical industry has become more prominent after the negotiations of the TRIPS Agreement in 1995. More and more secondary use patents have been granted, especially in developed countries. But, on the flip side, some firms tend to take advantage of secondary use patents in order to extend … Continue reading To Patent, Or Not To Patent, That Is The Question

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Patent Prosecution Highway (PPH): A landmark in the history of patent prosecution in India

A Bilateral Patent Prosecution Highway (PPH) pilot program has commenced between the Indian Patent Office (IPO) and the Japan Patent Office (JPO) on December 5, 2019. The Indian Patent Office website has also published the Procedure Guidelines to file a PPH request under the Patent Prosecution Highway Pilot Program between the Indian Patent Office (IPO) … Continue reading Patent Prosecution Highway (PPH): A landmark in the history of patent prosecution in India

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Patentability Of Immunology Related Inventions – An Indian Perspective

This article discusses challenges faced by patent applicants for inventions in the field of Immunology, especially those relating to gene sequences, peptides, antibodies, and method of treatment; relevant provisions of the Indian Patents laws and strategies one may employ to improve the chances of overcoming the objections. INTRODUCTION As our understanding of the internal and … Continue reading Patentability Of Immunology Related Inventions – An Indian Perspective

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Considerations Under Section 8 Indian Patent Act, 1970

Intellectual Property Rights are jurisdictional in nature. Hence, instances wherein different patent applications for the same subject matter filed in different parts of the world are common. PCT (Patent Cooperation Treaty) does make it easier for patent rights to be granted worldwide, however, applicants still prefer filing separate patent applications in countries that aren’t covered … Continue reading Considerations Under Section 8 Indian Patent Act, 1970

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The Patents (Amendment) Rules, 2019

Recently, the government of India issued a notification throughthe Ministry of Commerce and Industry (Department of Industrial Policy and Promotion), to further amend the Patents Rules, 2003. The Central Government published the amended rules on 17th September 2019 which are based on the objections and the suggestions received from the public in respect of the … Continue reading The Patents (Amendment) Rules, 2019

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Delhi HC Slaps Interim Deposit of 54Cr. To Patent Infringer

A Patent infringement lawsuit was filed by Communication Components Antenna INC against alleged infringer Ace Technologies Corp and its related entities and subsidiaries in relation to its patent which was titled “Asymmetrical Beams for Spectrum Efficiency”. The plaintiff claimed that the patent was for a novel antenna having a unique feature i.e. an asymmetrical beam … Continue reading Delhi HC Slaps Interim Deposit of 54Cr. To Patent Infringer

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Virtual Patent Marketing

INTRODUCTION With as many as 47854 patents filed and 13035 granted in the single financial year of 2017-2018[1], it is obvious that keeping track of patents is no cake walk. This is when statutes that require the inventor/manufacturer to mark their products with the patent number come to save the day. Hence, Patent marking has … Continue reading Virtual Patent Marketing

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Khurana & Khurana Opens Jalandhar (Punjab) Office

Khurana & Khurana, Advocates and IP Attorneys (K&K) along with its IP Asset Management Practice, IIPRD, are happy to announce that they are expanding to Punjab and opening up their new branch Office in Jalandhar,  w.e.f *insert date*, in wake of its growing Intellectual Property (IP) and Commercial Litigation Practice, and with an intent to … Continue reading Khurana & Khurana Opens Jalandhar (Punjab) Office

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Power of Controller to Review Own Decisions: Scope of Section 77(1) (F) & (G)

It is a general rule that once pronounced by a Court a judgment becomes functus officio and it cannot be altered or changed. However, an exception to this rule lies in the equity principle of ‘writ of error’. Writ of error is a writ filed where an error in delivering a judgment can be rectified … Continue reading Power of Controller to Review Own Decisions: Scope of Section 77(1) (F) & (G)

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Copyrighting Patents

The nature of Intellectual Property Rights is such that, like any other law, it has loopholes as well as overlaps. These overlaps arise due to the fact that IPR protects ideas by their expressions and expression can be in more ways than what can be imagined by one person. There are subject matters which are … Continue reading Copyrighting Patents

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