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 […]
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 US Supreme Court issued two important decisions on Apr 24, 2018, both relating to Inter Party Reviews. Inter Partes Review is a trial proceeding conducted at the Board to review the patentability of one or more claims in a patent only on a ground that could be raised under section 102 or 103, and only on the basis of […]
The Delhi high court on September 16, 2016 dismissed the suits by three international publishers against the sale of photocopied books and pages in Delhi University, a landmark verdict likely to have a wide-reaching impact on copyright laws in India. Claiming that “copyright is not a divine right,” Justice Rajiv Sahai Endlaw observed that photocopying material for educational purposes was […]
The revised guidelines for the examination of the patent applications in the domain of computer related inventions (CRI) was recently published by the Indian Patent Office. The notable changes in the modified guidelines are as follows: Section 3(k) of the Indian Patents Act excludes mathematical or business methods, algorithms and computer programs per se from the scope of patentable subject […]
The famous blue-bordered sari of Mother Teresa has been recognised as an Intellectual Property of the Missionaries of Charity. The Trade Marks Registry, Government of India, has granted the registration of the trade mark for that pattern of blue border of sari. The Missionaries of Charity does not believe in publicity and as such it was not publicized, but since unscrupulous […]