Tag: patent

AK 47 needs Copyright to fire?

Who would imagine that AK 47 might need copyright protection? Yes!! You Read it right!! None other than Mikhail Kalashnikov, the inventor of the AK-47 rifle had threatened India for a copyright violation. Story goes way back in 2000 when, an Indian ordnance factory had developed a replica of the AK-47, and put it on … Continue reading AK 47 needs Copyright to fire?

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NATCO FILES INDIA’S FIRST COMPULSORY LICENSING APPLICATION

Natco Pharma has filed India’s first Compulsory Licensing (CL) Application (in accordance with Section 84(1) of the Indian Patents Act) against one of the Bayer’s patented drug Sorafenib, marketed by Bayer as Nexavar for treating Kidney and Liver Cancer. Patent on Sorafenib is granted in India on 03.03.2008 having number IN 215758. This will be … Continue reading NATCO FILES INDIA’S FIRST COMPULSORY LICENSING APPLICATION

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Are food recipes patentable in India?

A few days back, one of our clients came to us asking whether his new food recipe, which he claimed to be new, can be patented in India or not. The answer of course is yes, though depending on a number of factors which we discuss hereinafter. Patent Amendment 2005 of the Indian Patent Act … Continue reading Are food recipes patentable in India?

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Microsoft Corp V/s TiVo, Inc

The present case relates to an infringement petition filed by Microsoft Corp against TiVo, Inc. in California Northern District Court, for infringing its two patents, Patent No. US 6,008,803, (‘803) and Patent No. 6,055,314, (‘314). The case was filed on January 19, 2010. The case is still waiting for its decision and its next hearing … Continue reading Microsoft Corp V/s TiVo, Inc

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Due Diligence Search Strategies…2

This article is in continuation with the blog “Due Diligence Search Strategies for Determining Patentability of Exemplary Indian Patent Applications”  by IIPRD (Please click here to read the blog), an initiative from IIPRD to randomly pick up recently published Indian patent application and try and understand the chances of getting a valid patent. IIPRD made … Continue reading Due Diligence Search Strategies…2

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Due Diligence Search Strategies for Determining Patentability of Exemplary Indian Patent Applications

When Patent experts advise to Large and Small Corporations and Institutes to focus on Due-Diligence before filing patent application, it’s not without any substantive motive. What is the point of having a patent, even though it gets a grant, if the same is not enforceable? It’s almost like having a piece of paper with no … Continue reading Due Diligence Search Strategies for Determining Patentability of Exemplary Indian Patent Applications

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Soy Meal a “Dead Material”- No Functional DNA

A Patent Infringement suit was filed by Monsanto Technology LLC against Cefetra, Vopak Agencies and Alfred C. Toepfer International GmbH, for exporting soy meal from Argentina to European Community. The judgement was carried out by the court of justice of European Communities “Grand Chamber”. Preliminary ruling under Article 234 EC from the Rechtbank’s’Gravenhage (Netherlands). Introduction: … Continue reading Soy Meal a “Dead Material”- No Functional DNA

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