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Overview Of The Draft Patents (Amendment), Rules, 2023
INTRODUCTION The Draft Patents (Amendment) Rules, 2023 (hereinafter referred to as the “Draft Patents Amendment Rules”) were notified by the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade)on 22nd August, 2023. The proposed amendments to the Patent Rules, 2003 are being made by the Central Government in the exercise of … Continue reading Overview Of The Draft Patents (Amendment), Rules, 2023
Read more »Case Analysis Of Natco V. Assistant Controller Of Patents & Design : Reinstatement Of Natural Justice Principles
Introduction The present writ petition under Article 226 of the Constitution of India is filed at the Hon’ble Delhi High Court by NATCO Pharma Limited (hereinafter as “Natco”) against the Assistant Controller of Patents & Designs (hereinafter as “Assistant Controller”) and Novartis AG against the order passed by the Assistant Controller on 14.12.2022.[i] The present … Continue reading Case Analysis Of Natco V. Assistant Controller Of Patents & Design : Reinstatement Of Natural Justice Principles
Read more »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
Read more »Dhanpat Seth And Others Versus M/S Nilkamal Plastic Ltd.
Recently in 2018, the Himachal Pradesh High Court passed a judgement revoking a patent granted for a device used for manually hauling of agricultural produce. The judgement has been a landmark for subjects involving both infringements as well as revocation of patents. Facts of the Case The plaintiffs filed a suit against the defendants for … Continue reading Dhanpat Seth And Others Versus M/S Nilkamal Plastic Ltd.
Read more »Vior (International) Ltd. and Ors. v. Maxycon Health Care Private Limited and Ors.
In 2018, the Delhi High Court in the case of Vior (International) Ltd. and Ors.vs. Maxycon Health Care Private Limited and Ors., the Delhi High Court pronounced a judgement holding that the right of the Plaintiffs was violated by the defendants and that the same amounts to infringement. Reliefs were granted to the plaintiffs under … Continue reading Vior (International) Ltd. and Ors. v. Maxycon Health Care Private Limited and Ors.
Read more »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)
Read more »Divisional Application
Pankaj Mohanta, an intern at Khurana and Khurana Advocates and IP Attorneys gives us an overview and analysis of divisional application. BACKGROUND: A divisional patent application is generally a fair basic patent application which differs from the parent application comprising of data, analysis, results and insights about a particular invention from a previously filed application. … Continue reading Divisional Application
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