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).

Tidbit: Patent Office announces the results of the Patent Agent Examination 2011

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Our Patent Office announced the results of the Patent Agent examination held in January 2011 today. The results are available on the website of the Patent Office here.  Unlike last time, Individual lists for each city have not been released. The overall pass percentage for the exam is approximately 18.45%.  Out of 1089 candidates who appeared for viva and written examination, only 201 have passed and the result seems to be similar to that of the 2010 examination.  Our hearty congratulations to […]

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DIPP releases discussion paper on Utility models

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Shamnad had discussed the use of utility model (UMs) applications in a previous post here.  The Department of Industrial Policy and Promotion (DIPP) recently posted a discussion paper on the possibility of granting patents for UMs on its website, available here.   The DIPP seeks specific views and suggestions on Section X of the paper entitled ‘Issues for Resolution’ and any related issues.  The objective is to develop a suitable framework for protecting utility models, in the event it is felt

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Claim construction issues in the TenXC patent litigation

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  In a previous post we had touched upon briefly on the TenXC patent litigation, where we had stated that the patent at issue was not an essential patent.  This post provides an analysis of the patent in issue (Indian patent 240893, hereinafter the 893 patent) in the aforesaid litigation.  Before delving deeper into the granted claims of the ‘893 patent, the diagrams and text in the specification support column are from the equivalent PCT application number WO/2007/106989 because the

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India’s phoney wars are here to stay

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This post covers the basic background of telecom patent litigation and gives reasons why there is so much patent litigation across the globe in this specific domain.  It provides a difference between essential and non-essential telecom patents and why in the authors opinion telecom patent litigation is expected to increase in India just as it has increased across the globe.  Also because telecom patents ultimately concern the use of a mobile phone, it is commonly referred to as phoney litigation.

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CIPLA files for a compulsory license against Merck’s Isentress

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SpicyIP brings to its readers another spicy post from Suchita Saigal, this time on Complusory Licensing.  Suchita provides a possible solution to one of the compulsory licensing issues arising from a recent case involving Merck and Cipla.   A recent article published by Moneycontrol states that Mumbai based pharma giant Cipla has applied for a compulsory licence to manufacture Merck’s anti-HIV drug Isentress on the basis that the drug is exorbitantly priced and is inaccessible to needy patients in India. Legislative background Section

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Judicial determination of a "Well-known" Indian mark- TATA

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This post provides a review of a recent judgment of the Delhi (CS(OS) No. 264/2008 and CS(OS) No. 232/2009), Tata Sons Ltd. vs Mr. Md. Jawed & Anr., (judgment available on Indiankanoon here).   Amongst others, the plaintiffs stated that the defendant’s use of the mark (A-One TATA) was inherently deceptive.  The Court after referring to the provisions of the Trademark Act, Article 6bis of the Paris convention, Article 16 of the TRIPS provisions, and judicial recognition given to well known

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Patent Office Manual finalized and Published

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Our patent office has finalized and published the Manual of Patent Office Practice and Procedure (MPPP).  The current edition of the manual is a welcome departure from previous editions.  Unlike this edition, previous editions were not accessible section wise.  This time the patent office has made the MPPP available in both HTML and PDF formats.  More time can now be spent on reading the provisions and the patent office comments-rather than waiting for the page to load.  The MPPP can be

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Summary of 3(d) and 3(e) decisions in 2010 at the IPDTO

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  In a previous post, we saw the break-up of decisions at the Indian Patents, Designs and Trademark Office (IPDTO) in the calendar year 2010.  Because of the importance of sections 3(d) and 3(e) of the Indian patent act, this post analyzes decisions related to sections 3(d) and 3(e) in the calendar year 2010.  The complete file containing the decisions analyzed can be seen here. We were not surprised to see that in 12 out of the 21 possible cases,

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Patentability of traditional knowledge-capsicum this time

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The USPTO had introduced an information sharing program with the Government of India designed to prevent the improper patenting of traditional knowledge.  The information being shared expanded the class of publications under 35 U.S.C. §§ 102(a)-(b), commonly used to deny a patent to an applicant. The Traditional Knowledge Digital Library (TKDL) has been made accessible to the Examiners at the USPTO and as such the Examiners can reference and cite the TKDL information in an office action. It seems that

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IPTO notifies the 3rd draft patent amendment rules, 2010

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The Indian Patent and Trademark Office (IPTO) today notified the 3rd draft patent amendment rules, 2010.The notification can be seen here (warning: file size is large ~5MB). A few major highlights from the draft rules are:Our IPTO becomes an International Preliminary Examination Authority (IPEA) and International Search Authority (ISA) upon publication of the rules in the Official Gazette.  IPTO’s Delhi office will perform the function of the IPEA.  The rules also define a specific section relating to the format of applications to

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