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).

Divisional application practice before the Indian patent office

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In a recent decision issued by the IPAB, the division bench comprising of Justice Prabha Sridevan with technical member, DPS Parmar – has reiterated the divisional practice that is supposed to be followed before the Indian patent office.  See decision: The basis of a divisional application is the existence of a plurality of invention. This is a sine qua non for seeking a division of an application.   The decision puts a formal stop to the practice of filing multiple […]

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November 2012: Controller’s decisions at the IPO

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In the month of November, 2012 the Controller’s offices issued 102 decisions.  Out of these 102, 56 decisions were granted (including deferred, time allowed), 46 refused (including abandoned and withdrawn) and no file uploaded for the remainder (4). Some interesting decisions: The decisions for application of sections 57, 59 of the patents act 4387/CHENP/2006, makes for an extremely interesting read!  6067/DELNP/2005 is also very interesting from a section 3(k) perspective.   APPLICATION NUMBER APPLICANT Decision / Issue CONTROLLER 3276/CHENP/2006 DOW GLOBAL

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FICCI announces online certificate course on intellectual property

/ By / Others

  The Online Certificate Course on Intellectual Property (IP) started by Federation of Indian Chambers of Commerce and Industry (FICCI) has been much appreciated by the participants of the Course. The next Online Course would be conducted from January – March 2013. Registration for the same has started from 1st December 2012.  The details are: Course Duration:                             3 Months Registration Start Date:              

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October 2012: Controller’s decisions at the IPO

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In the month of October, 2012 the Controller’s offices issued 97 decisions.  Out of these 97, 52 decisions were granted (including deferred, time allowed), 38 refused (including abandoned and withdrawn) and no file uploaded for the remainder (7).Some interesting decisions: The decisions for application of sections 57, 59 of the patents act 1526/MUMNP/2006, makes for an extremely interesting read!  Others for section 3(d), 3(e) and 3(k) are also interesting. APPLICATION NUMBER APPLICANT Decision / Issue CONTROLLER 1523/MUM/2008 HINDUSTAN ORGANIC CHEMICALS

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Patent agent examination: DIPP notifies changes in the patent agent exam rules

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Today, the patent office posted on its website, a notification issued by the DIPP on September 25, 2012 prescribing the rules for becoming a patent agent.  This notification is supposedly made in view of a publication in the gazette of India inviting comments.   “S.O. 2296(E):  Whereas, certain draft rules were published in exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970), vide notification of the Government of India in Ministry of Industry (Department

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September 2012: Controller’s decisions at the IPO

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In the month of September, 2012 the Controller’s offices issued 94 decisions.  Out of these 94, 46 decisions were granted, 33 refused (including abandoned and withdrawn) and no file uploaded for the remainder (15). There is one instance of a typographical error: perhaps unintentional – where the Controller allowed the application but numbered it incorrectly.  The case is for application 762/MUMNP/2008, and the  Controller allowed the application for 787/MUM/2008.Some interesting decisions: The decisions for section 3(k) / 3(d) / 3(e)

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Breaking news: Cipla succeeds in revoking Pfizer / Sugen’s patent on Sunitinib

/ By / Drug Regulation

The Patent Office in a recent post grant opposition proceeding brought by Cipla against Pfizer / Sugen’s patent on the drug  Sunitinib, revoked Indian patent IN209251.  The drug Sunitinib is used to treat diseases caused by abnormal protein kinase activity. Interestingly the patent was revoked primarily on the ground that it lacked an inventive step (Section 2(1)(j)).  Pfizer / Sugen had earlier succeeded in defending a compulsory license (CL) proceeding earlier for the same patent.  The CL proceeding was withdrawn by

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FICCI announces online IPR course on pharmaceutical research (CCIPR)

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  Federation of Indian Chambers of Commerce and Industry (FICCI) has started an online certificate course on IPR and pharmaceutical R&D (CCIPR). The objective of the course is to provide a platform to understand the working of pharmaceutical industry, its business models, research, regulatory aspects and its relevance with respect to intellectual property rights. This is a first of its kind of course introduced with specific focus on the interlinking between the pharmaceutical industry and IPR. The course is of 6 months duration and

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Guest post: Distributor’s rights in trademarks?

/ By / Trademark

SpicyIP brings you a guest post on the issue whether under current Indian trademark law, a distributor of goods has any rights in a trademark by Archana  Sahadeva, a practicing advocate at the Delhi High Court, and who also represented one of the defendants in the cases “Double Coin Holdings Ltd. & Anr. V. Trans Tyres (India) Pvt. Ltd. & Anr.” CS (OS) No. 89/2011; and “Satish Kakkad & Anr. V. Zafco Trading LLC & Anr.” CS (OS) No. 90/2011.  Both these cases were

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IPAB dismisses Bayer’s appeal against compulsory license

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The Intellectual Property Appellate Board (IPAB) has rejected a petition of Bayer Corp., seeking a stay on an order of the Controller, granting compulsory licence to Natco Pharma Ltd., for Nexavar, a drug (Sorafenib Tosylate) to treat renal cell and hepato-cellular carcinoma (cancer).  Shamnad had earlier blogged about the grant of the compulsory license here and here.  A copy of the judgment is available here.   The judgment is penned by none other than Justice Prabha Sridevan, with technical member: DPS

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