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 […]
Delhi High Court on Wednesday, 2nd September, ordered an interim injunction on domestic handset manufacturer iBall from importing mobile handsets and other devices that infringe Swedish telecom equipment manufacturer Ericsson’s registered patents. Ericsson has sued iBall on the grounds that the company had failed to agree to sign licensing agreement on the standard-essential patents, it had alleged that iBall has […]
The Indian Patent Office has recently published the guidelines for examination of Computer Related Invention (CRI) to provide uniformity and consistency in the examination of such applications. The patentability criteria for CRI are same as that of the other inventions namely the patentable subject matter, novelty, inventive step, utility and sufficiency of disclosure or enablement. As a first step towards […]
The United States Patent and Trademark Office (Office) is initiating a Post-Prosecution Pilot Program (P3) to test its impact on enhancing patent practice during the period subsequent to a final rejection and prior to the filing of a notice of appeal. This Pilot Program responds to stakeholder input gathered during public forums held in support of the Enhanced Patent Quality […]
Introduction The Present case relates to biologic product Amgen’s pegfilgrastim and legal action under Biologics Price Competition and Innovation Act of 2009 (Biologics Act or BPCIA) (BPCIA or Bio-similars Act, which was enacted on March 23, 2010, as a component of the Patient Protection and Affordable Care Act) The Bio-similars Act was designed to create an abbreviated approval pathway for producers of […]
The Scheme for Start-Ups Intellectual Property Protection (SIPP) is envisaged to facilitate protection of Patents, Trademarks and Designs of innovative and interested Start-Ups. Any Start-Up certified by the Start-Up Certification Board having an innovative business incorporated or registered in India not prior to five years with annual turnover not exceeding INR 25 crores in any preceding financial year, working towards […]