On Aug. 20, 2019, High Court of Delhi Passed order that “Patent infringement actions are maintainable only in respect of granted and live patents.” Plaintiff: Novartis AG & ANR. . Defendant: Natco Pharma Ltd. The suit concerns the Plaintiff’s patent number IN 276026 titled ‘Novel Pyrimidine Compounds and Compositions as Protein Kinase Inhibitors” relating Ceritinib drug for treating non-small cell […]
The Expedited Examination was introduced in the Patent Amendment Rules of 2016. After rule 24B, the new rule of 24C has been inserted which deals with the procedure of Expedited Examination. According to Rule 24 C. An applicant may file a request for expedited examination in Form 18A along with the fee of rupees eight thousand for individuals and startup, […]
Biotechnology is any technique that uses living organisms (or parts of organisms) to make or modify products, to improve plants or animals or to develop micro-organisms for specific uses. The 21st century is the Age of Biotechnology and most important technological breakthroughs have been occurring during the last two decades. The biotechnology revolution has put a great strain on the legal […]
Intellectual Property is used to describe the results of creative and innovative endeavors. It is called as intellectual since it is created by the intellect of human mind and as property because like tangible property the intellectual property which is an intangible property can also be owned, sold, leased or transferred. There are different ways of protecting intellectual property. Innovative […]
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 […]
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 […]
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 […]
A division bench (judgement dated 27th Nov 2015) of the Delhi High Court sided with Roche against Indian firm Cipla, upholding the Swiss drug maker’s patent claims on key lung cancer drug erlotinib hydrochloride, branded Tarceva. Cipla’s Erlocip was launched in 2008 it cost around Rs 1,600 per tablet, as compared to Roche’s Tarceva which cost around Rs 4,800 per tablet. […]
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 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 […]