Innovation

DHC’s Concerning Order in Kudos Pharmaceuticals v. Natco Pharma: Will it lead to Evergreening? 

/ By / Innovation, Patent

Recently, a Single judge bench of the Delhi High Court, in Kudos Pharmaceuticals Ltd. v. Natco Pharma Ltd., granted an interim injunction in favour of Kudos Pharmaceuticals, restraining the defendants (Natco) from ‘manufacturing and selling, or in any manner, dealing with Olaparib, either under the brand name BRACANAT or under other brand name. In the present suit, Kudos, seeking a permanent injunction, argued that Natco was infringing the suit patent IN’ 720 (Claim 1 called ‘Olaparib’; species patent) by manufacturing and selling ‘its […]

DHC’s Concerning Order in Kudos Pharmaceuticals v. Natco Pharma: Will it lead to Evergreening?  Read More »

https://www.google.com/url?sa=i&url=https%3A%2F%2Farthrogen.com.de%2F&psig=AOvVaw1nccXPF9yeI4dRrEIpwYkz&ust=1709112679037000&source=images&cd=vfe&opi=89978449&ved=0CBMQjRxqFwoTCICW8Iaby4QDFQAAAAAdAAAAABAE

Arthrogen v. Controller Gen of Patents: The DHC’s Dilemma of Identifying the Method of Treatment under Section 3(i) of the Patent Act

/ By / Innovation, Patent

On 5th Feb, a  Single Bench (SB) of the Delhi High Court (DHC) overturned a previous order by the Controller General of Patents that had classified the “method of producing ‘protein enriched blood serum’” as a method of treatment under Section 3(i) in The Patents Act, 1970. This decision was made in the case of Arthrogen Gmbh vs Controller General Of Patents. The SB determined that the controller had erroneously equated the method of producing a novel substance with a

Arthrogen v. Controller Gen of Patents: The DHC’s Dilemma of Identifying the Method of Treatment under Section 3(i) of the Patent Act Read More »

Product-by-Process Claim: DHC to the Rescue

/ By / Innovation, Patent

The Delhi High Court (DHC) judgement in Vifor (International) Ltd. v. MSN Laboratories Pvt. Ltd.,explaining and allowing product-by-process claims as fundamentally concerned with the product in question, is of seminal importance for Indian Patent jurisprudence. In my opinion, the judgement, although verbose, brings much needed clarity on Patent-by-Process in India by locating it within the Act, laying out its scope and applicability and interaction with Process Patent u/s 48(b).  This judgement, decided by a Division Bench (DB) in an appeal against a

Product-by-Process Claim: DHC to the Rescue Read More »

Semiconductors, IP & India: A Road Less Travelled

/ By / Innovation, Others, Overlaps in IP, Patent

[This post is authored by SpicyIP intern Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. He has a keen interest in commercial laws, especially in IP and allied fields. His previous post can be accessed here.] Some journals have a practice of providing research prompts on which people can potentially write. But I realised that sometimes prompts without a choice can work really well too. Swaraj shared a Youtube link and asked

Semiconductors, IP & India: A Road Less Travelled Read More »

Journey Through “Septembers” on SpicyIP (2005 – Present)

/ By / Copyright, Innovation, Others, Patent, Trademark

Image from here. Continuing our Sifting Through SpicyIP Pages series, this post dives into September’s pages and sheds light on some stories, their evolution, or sometimes, their stagnation. In the past, much like intrepid time travelers, we journeyed through the months of June, July, and August, uncovering how some stories like the Mashelkar Report, the National Biotechnology Regulatory Authority (NBRA) Bill, the Whistleblower Act, or the Indian “Bayh Dole” Bill, unfolded with time. Without further ado, here’s what I found

Journey Through “Septembers” on SpicyIP (2005 – Present) Read More »

SpicyIP Tidbit: 2023 Nobel Prize in Physiology for Base Modifications in mRNA Vaccines

/ By / COVID-19, Innovation

SpicyIP Intern Tejaswini Kaushal brings us a quick tidbit on the new Nobel Prize winners in Physiology. Read on for more! Tejaswini’s previous posts can be viewed here Katalin Karikó and Drew Weissman have become the joint recipients of the 2023 Nobel Prize in Physiology for their discoveries related to nucleoside base modifications in mRNA that have so-remarkably paved the way for the development of highly effective mRNA vaccines against COVID-19. Aside from the prestige, the award comes with a

SpicyIP Tidbit: 2023 Nobel Prize in Physiology for Base Modifications in mRNA Vaccines Read More »

SpicyIP Tidbit: GII 2023 – India retains its 40th rank

/ By / Innovation, Others

The Global Innovation Index (GII) rates 132 economies based on their capacity for innovation using 80 indicators to track global innovation trends. The GII 2023 rankings that were published by WIPO yesterday saw Switzerland topping the list for the 13th time, followed by Sweden and the USA. India, on the other hand, has retained the 40th rank out of 132 economies, making it one of the only five middle-income economies to be ranked amongst the top 40 economies. It has

SpicyIP Tidbit: GII 2023 – India retains its 40th rank Read More »

Bayh Dole-esque Guidelines Notified by Dept of Biotechnology

/ By / Innovation, Patent

Earlier this month the Dept of Biotechnology notified the “DBT Intellectual Property Guidelines 2023“ (PDF) which they say ‘provide for ownership, transfer/commercializing of IP arising from DBT funded research outcomes”. The notification says that the Guidelines shall be applicable to all DBT funded extra-mural and intra-mural research organisations. (It’s unclear where the mandate is coming from, as guidelines generally do not have the power of law behind them but are merely discretionary / advisory). It also provides 2 links where

Bayh Dole-esque Guidelines Notified by Dept of Biotechnology Read More »

Over the Last Decade India has Spent Rs. 1,00,000 crores on Scientific Research with No Transparency: Time to Resuscitate the PUPFIP?

/ By / Innovation, Patent

We are extremely pleased to bring to our readers a guest post by Prashant Reddy T. and Saranya Ravindran on the lack of transparency on public funded R&D in India. Prashant, one of our most prolific bloggers, is an advocate and an author. Saranya is a 3rd year student at Nalsar University of Law, Hyderabad. Over the Last Decade India has Spent Rs. 1,00,000 crores on Scientific Research with No Transparency: Time to Resuscitate the PUPFIP? Prashant Reddy T. and

Over the Last Decade India has Spent Rs. 1,00,000 crores on Scientific Research with No Transparency: Time to Resuscitate the PUPFIP? Read More »

SpicyIP Weekly Review (March 27-April 1)

/ By / Copyright, Geographical Indication, Innovation, Others, Patent, Trademark

[This weekly review is co-authored with SpicyIP intern Anjali Baskar. Anjali is a fourth-year student pursuing B.B.A. LL.B. (Hons.) from School of Law, Christ University, Bengaluru. She is keenly interested in exploring various fields in law, especially IP, Media & Entertainment.] Here are the quick summaries of the whopping 6 posts, 8  case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know

SpicyIP Weekly Review (March 27-April 1) Read More »

Scroll to Top