Tag: india

Clarification on Small Entity Status of Patent Applicants in India

18th March, 2014 - 1:18 pm Categories: IP Practice in India IPAB Decisions News & Updates Patents

I really wonder if the Indian Patent Act was already less troublesome that we needed a new set of rules, substantially increased fees, and more importantly introduction of the Small Entity Status of Applicants, which creates even more confusion on retrospectively payable fees, implications of change in status during prosecution, timeline for submission of Form … Continue reading Clarification on Small Entity Status of Patent Applicants in India

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Roche sues Biocon and Mylan over biosimilar version of Herceptin in India

7th March, 2014 - 12:31 pm Categories: IP Practice in India IPAB Decisions News & Updates Patents

Trastuzumab/Herceptin has been amidst several controversaries off lately and this time it is regarding a biosimilar which has jointly been manufactured by Biocon and Mylan. Background Roche’s breast cancer drug Herceptin sold under the brand names HERCEPTIN, HERCLONTM and BICELTIS is a biological drug used primarily for the treatment for human epidermal growth factor receptor … Continue reading Roche sues Biocon and Mylan over biosimilar version of Herceptin in India

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

29th January, 2014 - 5:31 am Categories: IP Practice in India IPAB Decisions News & Updates Patents

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. Brief summary of the case In summary, the application relates to “TRANSMISSION RATE CONTROL METHOD AND … Continue reading Applicability of the principle “Proof of the right” to Conventional application

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GSK’s patent on lapatinib ditosylate revoked by IPAB

8th August, 2013 - 9:36 am Categories: IP Practice in India Pharma/Biotech Patent Litigations

GSK’s granted patent IN221171 (‘171) on lapatinib ditosylate (marketed as Tykerb), a tyrosine kinase inhibitor for treating breast cancer, was revoked by IPAB by its order of 27th July, 2013. A revocation application was filed by Fresenius Kabi Oncology Limited. The patent is revoked on ground of non-compliance with S.3d alone on basis of no … Continue reading GSK’s patent on lapatinib ditosylate revoked by IPAB

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The Madrid System for the International Registration of Marks (Madrid System)

16th July, 2013 - 9:08 am Categories: Trademark Litigation

The “Madrid System” is a centrally administered system of obtaining a bundle of trademark registrations in different jurisdictions. It is governed by two treaties, the Madrid Agreement and the Madrid Protocol, and is administered by the International Bureau of WIPO in Geneva, Switzerland. Madrid System permits the filing, registration and maintenance of trade mark rights … Continue reading The Madrid System for the International Registration of Marks (Madrid System)

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Monsanto’s Patent on Method of Producing Transgenic Plants refused by IPAB

9th July, 2013 - 11:48 am Categories: News & Updates Pharma/Biotech Patent Litigations

Monsanto’s Indian patent application 2407/DEL/NP/2006 on transgenic plants with heat/salt/draught tolerant plants is rejected by IPAB. The subject patent application is directed to a method of producing a draught/stress/heat/salt/drug tolerant transgenic plants by inserting a recombinant DNA molecule that expresses a cold shock protein CspA or CspB. The subject patent application was rejected by the … Continue reading Monsanto’s Patent on Method of Producing Transgenic Plants refused by IPAB

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India Joins Madrid Protocol

11th April, 2013 - 6:51 am Categories: News & Updates

India became signatory to the Madrid Protocol for International Registration of Marks at the World Intellectual Property Organisation (WIPO) on 8th April 2013. Now, Indian applications can register their Trade Marks in as many as 89 countries through a single application. India is the 14th G-20 economy to accede to the protocol. The treaty will … Continue reading India Joins Madrid Protocol

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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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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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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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