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).

August 2012: Controller’s decisions at the IPO

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Despite the rainy season and the monsoons, August was yet another sizzling month at the Controller’s offices!  Out of 126 decisions listed, 54 were granted (including partly allowed), 44 refused (including abandoned and withdrawn) and no file uploaded for the remainder (12).  This post is a bit delayed because when I started to compile the list in the beginning of this month, more than half of decisions were not available! . From this month onward, I would be presenting the […]

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India: The high cost of filing a patent on a gene sequences

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Biotechnology is an extremely fast-moving field in which new products and services are developed from an increasingly complex and cumulative set of underlying technologies. Latest treatments to diseases come from biotechnology where sequencing genes, identifying individual gene functions and mutations, creating systems to selectively express, regulate or silence genes, predict protein structures and expressions, mapping the influence of genetic make-up on metabolism and / or otherwise analyzing vast amounts of genetic data. These many technologies contribute to the rapid pace of advancement in the life sciences

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FICCI announces Certificate Course on IP Laws and Practice: Oct-Nov 2012

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Federation of Indian Chambers of Commerce and Industry (FICCI) and Global Institute of Intellectual Property (GIIP) are jointly conducting the “Certificate Course on Intellectual Property (IP) Laws and Practice“. Conduct of Course      :        October 15 – November 28, 2012 Classes                        :         Monday to Friday at 6.30 pm – 8.30 pm Venue for Classes       :        FICCI, Federation House, Tansen Marg, New Delhi – 110001. Number of Seats       

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Guest post: Samsung v. Apple – Billion Dollar Game

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We bring to you another guest post from Tarun Khurana.  Tarun has blogged for us earlier here. This time Tarun has chosen the recent billion dollar verdict against Samsung and in Apple’s favor.  Swaraj had blogged about this case earlier here.  While Tarun concludes that at least some of Apple’s patents can be designed around, I feel that it unlikely that Apple’s dominance in the “overall look and feel” can be easily challenged.  Apple has the first mover advantage, and this

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July 2012: Controller’s decisions at the IPO

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July was yet another sizzling month (third in a row) at the Controller’s offices!  Out of 138 decisions listed, 56 were granted, 23 refused and no file uploaded for the remainder.   One issue that I must highlight is that the Chennai patent office uploads the decisions in a haphazard manner.  There is no problem with the decision as such, but it may create problem in data retrieval at a later stage.  The decisions are first printed, then signed, then

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Traditional medicines, clinical trials and re-entry of data exclusivity?

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In response to consistent pressure from external agencies to impose some kind of quality control on “traditional Indian herbal” medicines,  India may very soon make it mandatory for traditional medicines to undergo clinical trials   before they hit the market.  However the mandatory trials may be made applicable only for new patented drugs and not for ancient formulations.  See TOI report. There are two reasons why clinical testing should be done at least on the newer patented drugs based on

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WIPO: Third party submissions in the PATENTSCOPE search system

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In what would probably be music to the ears of the Indian generic industry, WIPO under the PCT system now allows for third party submissions to be made for a published PCT application, similar to our pre-grant opposition system.     Because the PCT system follows strict time schedules for sending in submissions, it is suggested that those who may be interested in making such submissions should monitor the WIPO database regularly to identify applications of interest as early as

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SpicyIP Event: Conference on “Managing Innovations and Successful Commercialisation of IP Assets

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Federation of Indian Chambers of Commerce & Industry (FICCI) in association with World Intellectual Property Organization (WIPO) & National Bar Association of India (NBAI) is organizing a Conference on “Managing Innovations and Successful Commercialisation of Intellectual Property (IP) Assets”, at Hotel Lalit, Mumbai on 24-25th July 2012. The conference will have discussion on best strategies to leverage IP among the (large, medium and small) businesses in India. The conference will enable IP thought-leaders to focus on key elements to boost and manage innovations, strategies to

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June 2012: Controller’s decisions at the IPO

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June was yet another sizzling month at the Controller’s offices!  A highlight about this month is that out of the 140 decisions issued, 75 applications were granted. For 38 decisions, there was no file that was uploaded.  These decisions may be uploaded later on.  An interesting statistic that results from this month’s available decisions, is that approximately 75% of the cases were granted.  The decisions may be seen either at the patent office site individually, or here. APPLICATION  APPLICANT Decision/Issue CONTROLLER

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Breaking news: DHC issues ex-parte injuctions in favor of Symed Labs

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In yet another instance of issuance of ex-parte injunctions, the Delhi High Court (“DHC”) recently issued two such injunctions in Symed Laboratories Pvt. Ltd. favour.  We have consistently raised the issue that patents and ex-parte injunctions strike a rather discordant note.  Shamnad has written about it here; Prashant here and Shan here. Prashant had in his previous post discussed issuance of an ex-parte injunction against Symed Laboratories (“Symed”).  In the recent cases involving Symed, Justice Kailash Gambhir of the DHC issued not one – but two, ex-parte injunctions in Symed’s favor and

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