Tag: Controller

Scope Of Discretionary Powers Of The Controller Under Section 80, Patents Act

“Audi alteram partem” It is a famous Latin phrase and literally translates as “listen to the other side”. Other than being a famous Latin phrase, the same is also one of the two fundamental principles of natural justice. The aim of natural justice is to ensure fairness and remove arbitrariness. This doctrine dates back hundreds … Continue reading Scope Of Discretionary Powers Of The Controller Under Section 80, Patents Act

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Various Options After Patent Application Being Rejected In India

Once a patent application has been refused by the Controller of Patents, the applicant still has an opportunity to get a grant. This can be done in the following two ways- Appeal in the Intellectual Property Appellate Board Review application before the Controller of Patents. This article aims to lay down the scope and limitation … Continue reading Various Options After Patent Application Being Rejected In India

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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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Analysing Anuradha Doval V. Controller: A Revisit To Prior Publication And Novelty In Designs

Exactly a year back, Calcutta High Court gave an elaborate judgement discussing the conditions for grant of design. The case holds relevance as it discusses element of Novelty and Prior Publication in detail. This post will try to comprehensively analyse the case. FACTS The design-in-dispute is a bottle cap under class 09-01 bearing Application No. … Continue reading Analysing Anuradha Doval V. Controller: A Revisit To Prior Publication And Novelty In Designs

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Indian Patent Office Rejects Compulsory Licensing Application: BDR Pharmaceuticals Pvt. Ltd. Vs Bristol Myers Squibb

India issued its first CL last year for a Bayer’s kidney liver cancer drug Nexavar to an Indian generic manufacturer Natco on all three grounds of section 84 (1) including reasonable requirement of public not being met, non availability of drug on affordable prices, and non-working of the invention in the territory of India. This … Continue reading Indian Patent Office Rejects Compulsory Licensing Application: BDR Pharmaceuticals Pvt. Ltd. Vs Bristol Myers Squibb

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