Burden of Proof in case of Process Patent

Judgement Date: Aug 14, 2019 Shogun Organics Limited (the plaintiff), has filed the present suit seeking a permanent injunction restraining infringement of its Patent IN-236630 (IN‘630) against Defendants (Solex Chemicals Pvt. Ltd, Director of the Solex, Orachem Pvt. Ltd (Trading partner of Solex), Manaksia Ltd, and  Endura SPA. The IN’630 patent relates to a “Process for manufacturing D-trans Allethrin”. Allethrin […]

Hindustan Zinc receives its first European patent

The patent EP3192882 granted in July 31, 2019 discloses method of production of Potassium Antimony Tartrate (PAT) by utlizing waste products bearing antimony. Potassium Antimony Tartrate (PAT) is consumed by Zinc hydro smelters for purification of Zinc Sulphate solution to produce Zinc metal. The USA and India equivalents of this patent are under processing. The patented process has been commercialized and is running successfully at […]

Patent infringement actions are maintainable only in respect of granted and live patents

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 […]

Patentability of Microorganisms in India

The Indian Patent Act, Section 3(j) states that plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals are not patentable which indicates that the microorganisms are not under the purview of the subject matter of non-patentable inventions. India has […]

Is Nucleic Acid Primer a Patentable Subject Matter?

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 […]

Protecting Intellectual Property in Architecture

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 […]