Tag: IPAB

Divisional Applications In India – IPAB Provides Practical Guidelines For Uniformity

The Intellectual Property Appellate Board (IPAB / Board) in a recent order (OA/66/2020/PT/DEL) dated 27 October 2020 allowed the appeal filed by ESCO Corporation (Appellant) challenging the refusal of its patent application 8094/ DELNP/ 2008 by the Controller of Patents & Designs, New Delhi (Respondent). The Respondent had refused the grant of patent solely on … Continue reading Divisional Applications In India – IPAB Provides Practical Guidelines For Uniformity

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Appointment of Shri. Bhirendra Prasad Singh as Technical Member of Trademark, Patents and Copyright at IPAB

In a recent development, ShirBirendra Prasad Singh, previously serving as the Assistant Controller of Patents & Designs and Group Leader of the Electrical and Electronic Group, the Indian Patent Office (IPO), Delhi, has been appointed to the posts of Technical Member (Patents), Technical Member (Trade Marks) and Technical Member (Copyrights) in the Intellectual Property Appellate … Continue reading Appointment of Shri. Bhirendra Prasad Singh as Technical Member of Trademark, Patents and Copyright at IPAB

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Important Note On Recent Notifications Issued By Various IP Offices Of India In View Of Covid-19 Outbreak

Various Intellectual Property Offices of India recently issued certain notifications in view of the coronavirus disease (COVID 19) outbreak in India. The notifications were issued between March 13, 2020 and March 19, 2020 primarily adjourning hearing and other proceedings originally scheduled till March 31, 2020. Provided herein below is a short summary of the developments … Continue reading Important Note On Recent Notifications Issued By Various IP Offices Of India In View Of Covid-19 Outbreak

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A study on: Novartis AG V. Union of India

Introduction: Intellectual property is an intangible form of property while a ‘Patent’ is a subset of intellectual property. Granting of a patent provides a statutory right by the state to the inventor of the invention to exclude others from making, using, or selling their invention for the limited duration of 20 years. The judgment given … Continue reading A study on: Novartis AG V. Union of India

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Appointment of Chairman of the Intellectual Property Appellate Board

IPAB is one of the most important IP tribunals in the country and was established by the Central Government by notifying in the Official Gazette on 15.07.2003. IPAB is an administrative body that has appellate jurisdiction over the decisions of the Controller of Patents, Registrar under the Trade Marks Act, 1999, and the Geographical Indications. … Continue reading Appointment of Chairman of the Intellectual Property Appellate Board

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GROUNDLESS THREAT OF PATENT INFRINGEMENT

Introduction Infringement proceedings involve high costs of litigation in defending the same with the possibility that any temporary injunction granted in the due course thereof would lead to revenue loss, loss of employment and several other impediments to the business. Moreover, embroilment in infringement proceedings or the mere possibility thereof leads to disrepute of the … Continue reading GROUNDLESS THREAT OF PATENT INFRINGEMENT

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Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

This article is relates to a recent judgment of Intellectual Property Appellate Board (hereinafter IPAB) dated 4th December 2014 in the case “E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors.” Brief Facts: On 11th March, 2009 the trademark registry refused the opposition of the E.I.DU Pont De Nemours & Company (appellant herein) and … Continue reading Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

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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. The copy of the decision made by Controller General of Patents can … Continue reading Indian Patent office rejects Patent claim over Abraxane

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Relief for Pfizer as IPAB stays Revocation on Drug Tolterodine

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

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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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