Author name: Rajiv Kr. Choudhry

Rajiv did his engineering from Nagpur University in 2000 in electronics design technology. He has completed his LL.B. from Delhi University, Law Center II in 2006, while working as an engineer at ST Microelectronics in NOIDA. After his LL.B., he went on to The George Washington Univeristy, Washington DC to do his LL.M. in 2007. After his LL.M., he has worked in the US at a prestigious IP law firm based out of Philadelphia. Till 2014, he was Of-Counsel to a Noida based IP law firm where he specialized in advising clients on wireless, telecommunication, and high technology. Rajiv is the founder of Tech Law Associates, a New Delhi based law firm specializing in IP law, with a focus on high - technology, and patent law. His core IP interest areas are the intersection of technology and IP, Indian IP policy, innovation, and telecommunications patents. He is also an inventor with pending applications in machine-to-machine communications domain (WO2015029061).

Off Topic: Course announcement: NUJS Diploma course on Entrepreneurship Administration and Business Law and How it is useful for Law Students

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  Course announcement: NUJS Diploma course on Entrepreneurship Administration and Business Law and How it is useful for Law Students     Law schools or colleges in India do not really focus on teaching practical skills – they rather try to inculcate skills of research, writing and analysis – which are essential, but do not give you all the lawyerly skills you need to provide services to a client. Consider the following:   You read contract law in class. But […]

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Off Topic: Google Policy Fellowship Program: Call for Applications

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  The Centre for Internet & Society (CIS) is inviting applications for the Google Policy Fellowship program. Google is providing a USD 7,500 stipend to the India Fellow, who will be selected by August 15, 2012.   The Google Policy Fellowship offers successful candidates an opportunity to develop research and debate on the fellowship focus areas, which include Access to Knowledge, Openness in India, Freedom of Expression, Privacy, and Telecom, for a period of about ten weeks starting from August

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IPAB pulls up Patent Office for improper decisions

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In a recent decision, the Intellectual Property Appellate Board (“IPAB”) has criticized the Patent Office for a shoddy decision where the Controller had copy-pasted excerpts from two distinct publications; In one instance even the font, and spacing was the same as used in the original publication.  The original case can be seen here for application number 2254/DELNP/2005. Quotable Quote: “This is not how an order shall be passed by the Patent Office.  The Controller has the duty to examine the claims and test

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Preparing for the patent agent examination-free online course

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I have over the past year, received many questions from prospective candidates and colleagues regarding preparation for the patent agent examination.  My advice to them has been to regularly read the patent office manual and prepare for claim drafting, specification from specifications made available online at WIPO, USPTO and our very own IPO websites. To this extent, I have merely pointed the aspirants in one direction, which in my opinion is the right direction.  This approach however, may not be

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Upcoming patent agent examination

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We have received multiple queries from our readers regarding the patent agent examination.  Although there is no formal date prescribed as yet by the patent office, we may safely assume that the examination would be held anytime after August 2012. Our readers would remember that we had in one of our previous post discussed the implications of the weightage reduction to viva-voce examination.  In that case the Delhi High Court (“DHC”) had struck down the minimum 50% weightage given to viva-voce examination.

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May 2012: Controller’s decision at the patent office

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The month of May was sizzling like the weather in Delhi, at the Controller’s offices.  In total, approximately 140 decisions were issued!!  Compare this with March, in which a total of eight decisions were issued.  Because of the large list, individual decisions are not discussed in detail in this post.  Separate posts would follow for analysis of individual cases, and our readers are welcome to ask for analysis of ones in which they are interested in the comments section.  There are

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US District Court rules Tarceva patent valid: impact on India

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Our regular readers would know that Roche had sued Cipla before Delhi High Court (DHC) claiming that Cipla’s generic product Erlocip violates Roche’s Indian Patent IN196774(“774 patent”) for ‘Erlotinib Hydrocloride’ or commonly known as “Tarceva patent”. Similarly, they would also know about the case between Roche and Natco where Roche had brought suit of infringement against Natco for infringing the same Tarceva Patent. The same Tarceva application (537/DEL/1996) was also the subject of a pre-grant opposition back in 2007 filed by Natco against Pfizer.

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April 2012: Controller’s decisions at the IPO

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April was comparatively relaxed at the Controller’s offices as compared to March.  Eight decisions were issued and three applications were allowed.  What is most interesting this month is the manner in which applications were allowed or refused. For example, one allowed case states: “Agents to the applicant has discussed/explained at length and reached to a conclusion to further amending his application and come back with the retyped pages in shortest possible time.  Applicant’s agent has filed such written response and amendments

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Patent issues on date of decision of grant

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  A division bench of the Delhi High Court has brought a definite end to the practice of mischievous serial pre-grant oppositions and affirmed the single judge ruling in the matter of Dr. Snehlata Gupte and Others V. Union of India.  Shamnad had, in a previous post while discussing the single judge order had said that more Indian party specific cases would lead to greater objectivity in the patent system.  It is now certain that all inventors, whether Indian or non-Indian, now

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Bollywood music: copyright variations

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Bollywood music needs no introduction to copyright law; It has been hailed as both an innovator and a copycat laggard.  As an example, see posts related to Bollywood and copyright by Shamnand and Prashant:  here, here, and here.  Bollywood’s most prolific composers (read highly successful) have often been in eye of controversy on the allegations of lifting/copying a composition from another’s composition/music.  I contend that a case of simple lifting is far fetched not because there is no copying, but

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