Author name: Rajiv Kr. Choudhry

A regular reader of our blog recently forwarded to us a copy of a “Patent Caution Notice” related to Indian patent application number 1254/MUM/2007 that appeared in the TOI, Chennai edition on September 29, 2010 at page 7. The notification recites the abstract of the application and goes on to state that “[I]n view of the said patent application, ‘the patent applicant’ alone is entitled to manufacture and sell devices in accordance with the methods disclosed. This notice is an

An exclusionary definition for the term ‘efficacy’ under section 3(d) of the Indian Patent Act:  continuation of “numerical quantifier to section 3(d)” In an earlier post, I had discussed about a numerical quantifier for the term ‘efficacy’ under the Patent Act.  In the post, it was stressed that the current interpretation of the term ‘efficacy’ employed “circular logic” and such logic was flawed.  The logic is circular because the Indian patent office states: “ The efficacy need not be quantified in terms

A recent study (funded by PhRMA) suggests that the savings from a proposed ban on “reverse payment” were “significantly overstated.”  In particular, the study says both the  Congressional Budget Office (CBO)  and the Federal Trade Commission (FTC) were wrong to assume that banning reverse payments would speed up generic entry into the marketplace by 17 months.  The study does a preliminary economic analysis of the “pay-for-delay” legislation limiting generic drugmakers ability to accept money to settle patent disputes. The study attacks the

A look at the draft e-Governance policy and its implications on patent law in India The Department of Information Technology (DIT), Government of India (GoI) recently came out with a draft (V1.1)  Policy on Open Standards for e-Governance, (POS-e-GOV), available here.   The objective of this Policy is to “promote technology choice, avoid vendor lock-in and aims for reliable long-term accessibility to public documents and information in Indian context.”   There have been prior discussions on the topic at this