Others Patent

Fixing Pre grants: Will the EAC suggestion to fix time limit help?

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Recently, the Economic Times reported that the Economic Advisory Council to the Prime Minister (EAC) suggested two ways to fast track the process of granting patents. First, it suggested hiring more examiners, an issue we have previously raised alarm about here and here. However, it’s the second suggestion, to limit the timeline for filing pre-grant opposition to 6 months, which has been making quite a few rounds in the media  (see for instance here and here). These suggestions were apparently…


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Others

IPAB Orders – Where Art Thou? (And Here’s Our Backup Copy)

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Internet Archive's Wayback machine (which archives pages across the internet) showing an "HTTP 301" error, and redirecting the page to a website that seems to belong to karnataka state open university

It’s now been almost a year since the introduction of the Tribunals Reforms Act, 2021, which put an official end to India’s Intellectual Property Appellate Board (IPAB), moving its jurisdiction back to the High Courts. There have been a few questions lingering from this transfer though. For instance, as pointed out in the comments on this post – Is there clarity on territorial jurisdiction for various High Courts for pending and new cases that would’ve gone to IPAB? What exactly…


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Patent

The Extent of Claim Amendment Allowed in a Patent Application: Part 2

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Continuing on from the previous blogpost, we bring you part 2 of Amit Tailor’s two part series on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. In the first part, Amit introduced the issue and argues that the court’s reliance on the European Technical Board of Appeal’s Konica case is questionable. In this second part,…


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Patent

The Extent of Claim Amendment Allowed in a Patent Application: Part 1

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"Amendment"

We’re pleased to bring to our readers a 2 part post by Amit Tailor on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. In the first part, Amit introduces the issue and argues that the court’s reliance on the European Technical Board of Appeal’s Konica case is questionable. In the second part, Amit argues that…


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Others Patent

WIPO members approve two diplomatic conferences on designs and genetic resources/TK protection

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The WIPO General Assembly, on July 21, 2022, approved to move to diplomatic conferences for two proposed international agreements –  one, covering protection of designs and the other, on intellectual property (IP), genetic resources and traditional knowledge (TK) associated with genetic resources. Diplomatic conferences are negotiating rounds which can result in the adoption of multilateral treaties. WIPO members have approved convening of diplomatic conferences for the two proposed treaties no later than 2024. Proposed Design Law Treaty The proposed Design…


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Patent

No change, no gain: Reflecting on post-grant opposition timelines

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Last week we blogged about two post-grant oppositions against Novo Nordisk’s patent that have been pending for eight years. While the Delhi High Court (single judge) directed the Controller to finally hear and decide the matter by September 30, 2022, Sandeep Rathod in his comment here, pointed out that the patentee appealed the Single Judge decision before a Division Bench. It appears that this appeal was then withdrawn by the patentee midway while arguing! Sandeep has also written about post-grant…


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Patent

Questionable practices leading to delays in post-grant oppositions: Novo Nordisk v UOI

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A recent decision of the Delhi High Court, in Novo Nordisk AS v. Union of India (July 5, 2022), brings back to light the problem of delays in post-grant oppositions in India. Prashant’s post here, discusses broader policy problems with respect to delayed oppositions. As noted, a very small per centage of patents are actually commercialised and  an opposition usually signifies that the patent at issue has underlying economic value (compared to uncontested applications). So keeping an opposition pending for…


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Patent

Kerala HC directs DPIIT to consider representation for issue of Compulsory License for Breast Cancer Drug

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The Kerala High Court vide Order dated 14 June 2022 directed the Department for Promotion of Industry and Internal Trade (DPIIT) to consider the representation for issue of compulsory license for the drug Ribociclib. Background The writ petitioner is a breast cancer patient. She filed a writ petition in the High Court of Kerala arguing that the treatment costs Rs. 63,480/- per month out of which Ribociclib alone costs Rs. 58,140/- per month. According to the petitioner, Ribociclib is not…


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Others

Extension of the Deadline for the 3rd Shamnad Basheer Essay Competition

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With several requests for extensions coming in, we’ve decided to extend the deadline for the 3rd Shamnad Basheer Essay Competition (2022). The new deadline is 24th July, 2022 (11:59pm IST). As a reminder, this year’s edition is open to recent graduates as well as current law students. And thanks to an anonymous donor, the prize money has been increased as well. As always, the topic is open to anything within the larger IPR sphere – the more creative, the better….


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Trademark

Sale of existing stock in trademark disputes: Interim confusion?

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In a recent pharma trademark infringement and passing off dispute, the Delhi High Court permitted the defendant to sell its existing stock (pending further orders) without vacating the interim injunction against the defendant. The Delhi High Court characterised this arrangement as an ‘interim arrangement’ required to serve public interest. Facts Respondent / plaintiff (M/S Laborate Pharma) had filed a suit against the appellant / defendant (Alkem Labs) alleging trademark and copyright infringement and passing off with respect to its registered…


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