The new Patent (Amendment) Rules, 2016 published by Ministry of Commerce and Industry, Government of India came into force with effect from May 16, 2016. Some of the salient features of the New Rules are: Paperless work: The Patent Agents are required to file application only online and physical filing of patent application is dispensed with except for a few […]
Section 2(l) of the Indian Patent Act defines New Invention as any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification i.e the subject matter has not fallen in public domain or that it does […]
The Indian Patent Office has brought some amendments in the Start-up Intellectual Property Scheme by revising the definition of start-ups as “Any startup recognised in terms of explanation 5 of the Notification GSR 180(E) published in Part II Sections 3 Subsection (i) of Gazette of India dated 17.2.2016. Any entity will be considered as startup if it meets the terms […]
Sovaldi (sofosbuvir) had earlier faced a thumb down on the patent application by the Controller General of Patents, Designs and Trademark but the latest ruling overturns that decision. Gilead has applied for patent numbered 6087/DELNP/2005 claiming the active metabolites of sofosbuvir on 27th March 2005 and was refused by IPO on 13th Jan 2015, then remanded back by Hon’ble Delhi High Court […]
Lee Pharma filed an application under Section 84(1) of the Patents Act, 1970 seeking to grant Compulsory License for manufacturing and selling the compound Saxagliptin, an anti-diabetic drug protected by Patent number 206543 granted to Bristol Myers Squibb Compnay (BMS) which by virtue of assignment deed transferred to AstraZeneca AB. A time period of 3 years from the date of […]
Nestle’s attempt to trademark the KitKat shape was denied in England. The British High Court ruling on Wednesday was the culmination of the long legal battle between Nestle and Cadbury over the shape of the four-fingered candy bar. Judge Richard Arnold found that the shape wasn’t distinctive enough to warrant a trademark. Arnold concluded that the shoppers weren’t likely to confuse KitKats with similarly […]
Indian Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) joins TMclass (on 07 December 2015). This successful integration is the result of the EU-INDIA Intellectual Property Cooperation (IPC-EUI) project co-fundedby the European Union and the Office for Harmonization in the Internal Market within the framework of the International Cooperation Programme and in close collaboration with CGPDTM TMClass is an […]
Guidelines for Examination of Computer Related Inventions issued on 21-08-2015 (click here) are put on hold, in view of several representations received regarding interpretation and scope of section 3 (k) of the Patents Act 1970. Earlier, only software used in combination with hardware could be patented, but the revised draft guidelines allowed the patenting of software which demonstrated technical advancement, for […]
Govt. of India is working to reduce the approval time of patent from the current 5-6 years to 15 months. The proposed draft amendments 2015 will reduce the granting time, for instance Expeditious examination process available when the applicant or his assignee or prospective manufacturer (licensee) has already started manufacturing of the invention in India, or has undertaken that the […]
Pfizer’s arthritis drug Tofacitinib patent is rejected by Indian Patent Office. Indian Patent Office had rejected Pfizer’s application to patent tofacitinib in 2011, but by the Pfizer’s Appeal, the Intellectual Property Appellate Board (IPAB) in October last year set aside an order by the patent office which rejected Pfizer’s patent for a new formula of the drug and directed it […]