Category Archives: Patent

Patent

The Morality of Sexual Pleasure: Patent Office Training?

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(This post has been co-authored with Prof. Shamnad Basheer) Yesterday, we highlighted a problematic Patent Office decision, rejecting a claim to a sexual stimulation device (a unique vibrator) on the grounds of immorality under Section 3(b) of the Patents Act. More specifically, the Controller held: 1. That an apparently innocuous looking sex aid device to further intimacy between couples is “obscene” 2. That the said device is not “useful or productive” 3. That the law does not take kindly to…


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Patent

Sexual Pleasure is Immoral: So Says the Indian Patent Office!

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Don’t believe me? Read this decision where a patent claiming a sexually stimulating device (a unique vibrator) was denied on the ground that it was an “immoral” invention under section 3(b) of the Patents Act. In this case, the applicant, Standard Innovation Corporation (a Canadian entity) claimed a creative vibrator, branded now as “We-Vibe”. Unlike other vibrators, this does not really look like a vibrator, but is a rather interesting U-shaped device: sort of like a pair of headphones! Better still,…


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Patent

SpicyIP Tidbit: Novartis Pursues Aggressive Patent Strategy with Respect to Drug Vildagliptin

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According to Times of India, Novartis obtained favourable court orders restraining five Ahmedabad-based pharma companies from manufacturing its patented drug for diabetes, Vildagliptin. Further, citing validity of its patent till 09 December 2019, Novartis moved the commercial court in Vadodara to ensure that four other companies do not get into production of the drug. It is reported that Novartis approached the Court after obtaining the requisite information from the State Government.


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Patent

Philips SEP Judgement: India’s First Post-Trial SEP Judgement has Serious Flaws

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Earlier, we covered Ms. Justice Mukta Gupta’s decision in Koninklijke Philips Electronics N.V. vs. Rajesh Bansal And Ors. where the Delhi High Court found certain local manufacturers of DVD players liable for infringing Philip’s patents, which it claimed were Standard Essential Patents. I pointed out that the judgement was flawed on several counts. Given the importance of the jurisprudence on SEPs, the Court’s judgement requires some deeper examination. ‘Essentiality’ and the (Absent) Claim Construction In determining infringement, the plaintiff adopted…


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Patent

Patent Applicant Withdraws Application of its Own Accord!

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In a recent decision dated 26th June, 2018, the Assistant Controller of Patents and Designs exercised his power under Section 15 of the Patents Act, 1970 (“the Act”) and rejected the bid for a patent application. Below, I give a brief description of the patent application and the reasons which led the Controller to come to such a decision, before analyzing the final order. About the Patent Application The applicant, Bayer Intellectual Property Gmbh (Initially, Bayer Animal Health Gmbh was…


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Patent

Trumping Trips: Indian Patent Proficiency and the Evolution of an Evergreening Enigma

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In an earlier post, I argued that an Indian supreme court decision may have unwittingly unleashed a Chinese blockbuster. As promised, here is a bit more on this stupendous Supreme court (SC) ruling that effectively denied Novartis a patent over its blockbuster anticancer drug, Glivec. And raised the bar for pharma patents in the bargain! For those interested, here are some excerpts from a recently published piece of mine in the Oxford University Commonwealth Law Journal (OUCLJ) capturing the core…


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Drug Regulation Patent

Pharma Update: Russia Grants First Compulsory License for Anti-Myeloma Drug Revlemid, As German Supreme Court Upholds CL for HIV Drug Isentress

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In moves that should have significant global impact on public health, an Arbitration Court in Moscow, Russia, granted Russia’s first Compulsory License for Lenalidomide (trade name Revlemid). In a similar development this month, the German Federal Supreme Court upheld a preliminary Compulsory License granted by a lower court for the HIV drug Isentress. The Russian License Unlike in India, the Russian judiciary has the exclusive authority to issue compulsory licenses. The CL is an outcome of the suit filed in…


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Patent Traditional Knowledge

The Himachal Pradesh High Court Revokes Patent Grant Invoking Section 3(p)

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Earlier (quite a few years ago!), Prashant had reported a 2008 order of the Himachal Pradesh High Court, wherein the Court had examined the validity of the Patent No. 195917, a patent granted to the plaintiffs for a “device used for manually hauling agricultural produce”, on the basis of its alleged similarities to a traditional handicraft called “kilta” (an-all-purpose bamboo basket used to carry any type of load, supported by a rope and tied to the forehead). In this case,…


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Patent

Breaking: In India’s First Post-Trial Standard Essential Patent Judgement, Delhi High Court Finds Local Manufacturers Infringed Philips’ DVD SEP

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Almost a year after it was reserved by the Delhi High Court, the first post-trial judgement by an Indian Court in a Standard Essential Patent-related suit was issued on July 12, 2018. In Koninklijke Philips Electronics N.V. vs. Rajesh Bansal And Ors., Ms. Justice Mukta Gupta delivered a positive finding of the ‘essentiality’ of Philips’ patent, and held that the defendants, local manufacturers, in manufacturing standard-compliant DVD players were infringing this patent. Background Plaintiff, in 1995, registered Patent No. 184753…


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Patent

How an Indian Supreme Court Ruling (on Pharmaceutical Patents) Created a Chinese Blockbuster!

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Too far fetched? Actually not quite. An Indian patent ruling did produce a big blockbuster. Not a drug, but a movie! Titled “Dying to Survive”, this Chinese film is turning out to be a big hit and making the cash registers ring. Here are some excerpts from an Indian Express piece. (For those interested, Quartz and the Daily-O also ran interesting pieces on this dark comedy.) “A Chinese black comedy, a movie lauding the benefits of generic anti-cancer drugs manufactured…


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