Category: Patents

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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IPAB strengthening the Principles of Natural Justice

This article relates to a judgment of Intellectual Property Appellate Board (hereinafter IPAB) dated 20th January 2014 in the case “Abraxis BioScience LLC USA Vs Union of India” for a patent application no. 2899/DELNP/2005. The said patent application was rejected by Indian patent office. Thus being aggrieved by the rejection of the patent application by … Continue reading IPAB strengthening the Principles of Natural Justice

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Applicability of the principle “Proof of the right” to Conventional application

This article relates to a recent judgment of IPAB in the case “NTT DoCoMo Inc. Vs The Controller of Patents and Designs” for a patent application No. 794/CHE/2006 which was refused to proceed further by the Indian patent office. The copy of the decision made by IPAB can be accessed here. Brief summary of the case … Continue reading Applicability of the principle “Proof of the right” to Conventional application

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A Change in Year Brings Change in IP Laws and Policy

The intellectual property (IP) concepts that are applied today to the national laws and international treaties and organizations date back to eighteenth century.  The IP laws vary from one country to another. The changes in Intellectual property laws also depend on the changes in technology. Due to emerging new technologies and R&D activities, the intellectual … Continue reading A Change in Year Brings Change in IP Laws and Policy

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IPAB: Nature of Jurisdiction, Power and Authority

Akash Patel, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the nature of jurisdiction at the IPAB, its power and authority. In a judgment dated July 08, 2013, a larger bench of Intellectual Property Appellate Board (hereinafter read as IPAB) had decided on two important issues, one relating to IPAB’s power … Continue reading IPAB: Nature of Jurisdiction, Power and Authority

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Central Government’s power of Revocation of Patent in Public Interest

Gopikrishnan M and Akash Patel, interns at Khurana and Khurana, Advocates and IP Attorneys, looks at Central Government’s power of Revocation of Patent in Public Interest. The Indian Patent Act,1970(hereinafter Act) empowers the Central Government to revoke any patent granted by the Indian Patent Office if it feels that the said patent is prejudicial to public … Continue reading Central Government’s power of Revocation of Patent in Public Interest

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Rockstar Consortium US LP et. al.v. Google Inc

Gopikrishnan M, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at Google Inc. been accused of infringing technology related to its searching technology itself. Yet another high-tech and high-profile patent war is on, this one involving a combined attack on the search giant’s core technology. Google is being sued for direct patent infringement … Continue reading Rockstar Consortium US LP et. al.v. Google Inc

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Sofosbuvir: The Next Pre-Grant Opposition Target by I-MAK

After anti–influenza drug Tamiflu (Oseltamivir Phosphate) and antiretroviral drug Viread, Gilead Sciences is again back in news, this time with its hepatitis C (HCV) drug Sofosbuvir. Like Tamiflu and Viread pre-grant opposition, Sofosbuvir patent application is also facing pre-grant opposition. Non-profit group I-MAK (Initiative for medicines access and knowledge) has filed a pre-grant opposition against … Continue reading Sofosbuvir: The Next Pre-Grant Opposition Target by I-MAK

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Divisional Application

Pankaj Mohanta, an intern at Khurana and Khurana Advocates and IP Attorneys gives us an overview and analysis of divisional application. BACKGROUND: A divisional patent application is generally a fair basic patent application which differs from the parent application comprising of data, analysis, results and insights about a particular invention from a previously filed application. … Continue reading Divisional Application

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