Author name: Kamakhya

Adding Innovation to Ayurveda!

/ By / Innovation

Adding Innovation to Ayurveda! It is indeed interesting to know that the traditional Indian medicine system is undergoing a revamp. A news report very aptly titled How green is this medicine captures the views of Ayurvedic practitioners and the herbal drug industry in the wake of a recent amendment in the Drugs and Cosmetics Act, 1940. A notification from Ministry of Health, Department of AYUSH dated 23rd October 2008 notifies about the amendment brought in the Drugs and Cosmetic Rules, …

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Glivec and Selection Patent

/ By / Uncategorized

IPAB (Intellectual Property Appellate Board) has begun hearing the Glivec case. Please read Prashant’s post here. One of the arguments, by the Novartis’s counsel, makes reference to an article on selection patents with respect to section 3(d), which is interesting and relevant also. In practice only a few chemicals compounds from a class, comprising several related chemical compounds, are tested for their use as an active ingredient in a commercial product. Grant of a patent for the whole class may …

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Bilski Order and Software Patenting in India

/ By / Patent

The Draft Manual on Patent Practice and Procedure 2008 (patent manual), put up for comments by the Indian Patent office to follow as a guideline for the patent examiners as well as patent applicants has brought forth criticism on software patenting. Section 3(k) of the Patent Act 1970, as amended by Patents (Amendment) Act 2005, provides that a mathematical or business method or a computer programme per se or algorithms are not a patentable subject matter. The patent manual through …

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Drugmakers in Para IV Litigation

/ By / Patent

Hoffman – La Roche has slapped a lawsuit at Indian generic drugmaker Orchid Chemicals & Pharmaceuticals Ltd. over a newly issued patent for Roche’s blockbuster osteoporosis drug Boniva. The US Patent was issued (US Patent 7410957 – Method of treatment using bisphosphonic acid) on August 12, 2008 and Orchid had filed an ANDA (Abbreviated New Drug Application) with the USFDA under Para IV of the Hatch-Waxman Act. Interestingly, Orchid was sued in September last year over the alleged infringement of …

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Section 3(d) and Utility Model

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What an idea! Sirji reminds us of a popular TV advertisement featuring a bollywood actor innovating on imparting education through the use of cell phones. Economic Times, in an interesting manner, uses this catch line to highlight that India’s stringent patent law is playing spoilsport in blocking almost 50,000 innovations from seeing the light of the day. Section 3(d) of the Patents Act is thought to be at the centre of the problem in recognizing incremental innovations as patentable subject …

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