Revised Draft Guidelines for Examination of Pharma Patent Applications
22nd August, 2014 - 8:23 am
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India
IP Practice in India
News & Updates
Patents
pharma
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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
Read more »Patent Registration Process in India
12th August, 2014 - 7:18 am
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India
IP Practice in India
News & Updates
Patents
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With a significantly increasing number of Individual Inventors and Small/Medium Sized Clients regularly asking on Patent Registration Process in India, this article is an effort by our Intern, Ananya Singh, to come up with a quick article on Patent Registration Process in India. We hope that a link to the article can give desired clarity … Continue reading Patent Registration Process in India
Read more »The Nagoya Protocol – Convention on Biological Diversity
21st July, 2014 - 9:10 am
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News & Updates
Patent Commercialisation
Patents
Pharma- biotech- Patent Commercialisation
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A new international treaty named the “Nagoya Protocol” will be giving some relief to India and other developing countries. The Nagoya Protocol on Access to Genetic Resources with an objective of ensuring access of genetic resources to the signatory countries and ensuring fair and equitable sharing of benefit to the local community and signatory country that … Continue reading The Nagoya Protocol – Convention on Biological Diversity
Read more »Indian Patent office rejects Patent claim over Abraxane
In a major setback, the Indian Patent Office denied a patent to an anti cancer drug Abraxane manufactured by US-Based Abraxis BioSciences. Here we will discuss the decision given by IPO at the back drop of the arguments advanced by the respective parties. Background In a brief, Patent application no. 2899/DELNP/2005 filed by Abraxis Biosciences … Continue reading Indian Patent office rejects Patent claim over Abraxane
Read more »Tesla Motors Decide to Open Source their Patents
On June 12th 2014, Elon Musk, CEO and Chief Product Architect of electric car company Tesla Motors announced that Tesla Motors will let other companies use its inventions under an open source inspired agenda at the company. This is how Elon Musk put it in his blog post- “Tesla will not initiate patent lawsuits against … Continue reading Tesla Motors Decide to Open Source their Patents
Read more »Patent Trolling and Fee-Shifting
Manish Kumar, intern at Khurana and Khurana, Advocates and IP Attorneys, looks at ‘fee-shifting’ paradigm in US Patent Act in light of US Supreme Court recent judgments. The US Supreme Court, in its two recent judgments, has re-instituted its pre-2005 stand where the Courts had discretion of awarding reasonable attorney fees to the prevailing party … Continue reading Patent Trolling and Fee-Shifting
Read more »Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders
22nd May, 2014 - 10:34 am
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India
IP Litigation
News & Updates
Patent Litigation
Patents
Pharma/Biotech Patent Litigations
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Introduction A lot has been discussed on the Novartis ruling indicating much higher standards of patentability under Indian law under section 3d. The ruling decided that any new form of known compound (in medicine) would be patentable only if there is enhanced ‘therapeutic efficacy’ over the known compound. Post Novartis ruling, a couple of patent … Continue reading Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders
Read more »M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel , Section(64) patent act, 1970
22nd May, 2014 - 8:13 am
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India
IP Litigation
IP Practice in India
IPAB
IPAB Decisions
News & Updates
Patents
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Takshasheel Bouddha, an intern at Khurana and Khurana Advocates and IP Attorneys, analyses the case, M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel &The Controllers of Patents & Designs. This judgment is with respect to Section 64 of Patent Act, 1970. Introduction: The dispute was regarding of two patents i.e. Patent No.189027 and Patent … Continue reading M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel , Section(64) patent act, 1970
Read more »Relief for Pfizer as IPAB stays Revocation on Drug Tolterodine
19th April, 2014 - 11:28 am
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IP Litigation
IP Practice in India
IPAB Decisions
News & Updates
Patent Litigation
Patents
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In a positive development for US drug giant Pfizer, the country’s Intellectual Property Appellate Board (IPAB) has issued an interim stay on an order stated by the Indian Patent Office removing a patent of Pfizer, for its extended release drug Tolterodine (Detrol), which is used for treating old age patients who suffer from frequent urination. … Continue reading Relief for Pfizer as IPAB stays Revocation on Drug Tolterodine
Read more »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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