Category Archives: Patent

COVID-19 Innovation Patent

COVID-19 Vaccines: Patent Ownership and the Barriers to Equitable Access


The race to develop vaccines for COVID-19 has edged closer to its finishing line with at least three candidates announcing positive results from their vaccine trials. While this may appear to be the light at the end of the tunnel, the focus now shifts towards equally challenging issues of availability, accessibility, and affordability of vaccines. In this post, I discuss the vaccines developed by Moderna, Pfizer-BioNTech and AstraZeneca-Oxford, the complex ownership status of their intellectual property, the bilateral pre-purchase deals…


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Patent

Are Orbital Transfer Trajectories Patentable?


We’re pleased to bring to you a guest post by Shivam Kaushik, analysing the patentability of orbital transfer trajectories of spacecrafts in light of the recent patent grant to NASA in the US for ‘a method for transferring a spacecraft from the Geosynchronous Transfer Orbit (GTO) to Lunar Orbit’. Shivam is a 5th year law student at Banaras Hindu University, Varanasi. He’s previously also written guest posts for us, titled ‘Copyright and Webinars: Ownership, Licensing and Fair Use’ , ‘Govt’s…


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Copyright Others Patent Trademark

SpicyIP Weekly Review (November 23- 29)


Topical Highlight A Copyright Reform Agenda from a Group of Like-Minded IP Teachers In this guest post, Prof. (Dr.) N.S. Gopalakrishnan provides us an overview of the recommendations focussing on desirable public interest oriented amendments to the Copyright Act prepared by a group of ‘like minded IP teachers’. He particularly summarises four broad themes of amendments. The first set of proposed changes deal with Section 52. These include an open-ended fair dealing clause under Section 52(1)(a), expanding educational use exception…


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Patent

Section 46(2): ‘One Patent Per Invention’ or ‘One Invention Per Patent’?


We’re pleased to bring to you a guest post by Amit Tailor, analysing whether rejection of claim(s) of a later patent application having ‘similar’ or ‘overlapping’ scope with that of an ‘earlier’ patent application is appropriate under section 46(2) of the Patents Act which provides that a patent can be granted for one invention only. Amit is working as Manager (Sr. Scientist) at Cadila Healthcare Ltd., handling patent drafting, filing & prosecution, FTO, patentability & invalidity mainly. He has an…


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Copyright Drug Regulation Innovation Patent Trademark

SpicyIP Weekly Review (November 16 – 22)


Topical Highlight The Antitrust App Store Wars Come to India In this guest post, Dr Kathuria looks into the latest ‘digital gatekeeping’ controversy that Big Tech has found itself in in India, with the Competition Commission of India having ordered an investigation into Google’s conduct relating to Google Pay and the Play Store. He notes that the CCI has prima facie correctly identified the relevant market. He then notes that even if Google Pay were to be considered in compliance…


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Patent

Back to the Drawing Board: Indian Courts’ Tryst with Public Interest Principle in Pharmaceutical Patent Infringement


Blackboard with the words "Public Interest?" written on it

The recent past has seen a few blogposts on how public interest is factored in (or isn’t) by courts. A post looking at public interest as viewed in interim injunctions for pharma cases was posted here, and another post looking at public interest in the pandemic context was posted here. We’re very pleased to bring to our readers another post focusing on this public interest element, which among other aspects also puts forward some thoughts on how it could perhaps…


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COVID-19 Patent

Dapagliflozin Injunction Denied: Of Double-Patenting and Coverage-Disclosure Dichotomy


In a very notable recent order, AstraZeneca was denied an interim injunction by the Delhi High Court against Intas Pharmaceuticals and Alkem Laboratories (Defendants) in a case relating to the manufacture of anti-diabetic drug Dapagliflozin, which allegedly infringed AstraZeneca’s patents IN 205147 (IN ‘147) as well as IN 235625 (IN ‘625). The order has revealed what could turn out to be a case of double-patenting that has escaped scrutiny for 17 years! It also explores important questions regarding coverage-disclosure dichotomy…


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Others Patent

As 15 Asia Pacific Countries Sign RCEP, India Chooses to Sit Out


Last week, ten south-east Asian countries along with Japan, China, South Korea, Australia and New Zealand signed the Agreement on Regional Comprehensive Economic Partnership (RCEP) making it the world’s largest trade bloc. Initially projected as the alternative to Trans Pacific Partnership, the negotiations for this free trade agreement (FTA) were underway since 2012 and after 31 rounds (as per Wikipedia), the member states finally sealed the deal four days ago via a video conference. While some reports suggest that the…


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Patent

The New Form 27 (Patent Working Statement): Heading in the Wrong Direction?


As Pankhuri noted in a recent post, the Government of India published the Patents (Amendment) Rules, 2020 last month, inter alia, amending the format/contents of the working statements or Form 27 to be filed by every patentee and licensee. The contents of the new Form 27 have already been discussed in her post here. Removal of requirement to make statement on meeting public requirement The new Form 27 removes the requirement of having to make a vague statement on whether…


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Patent

Indian Government Significantly Dilutes Patent Working Disclosure Norms


As our readers may recall, in June last year, the Government had published a draft amendment to Form 27 for comments. The amendment exercise was undertaken pursuant to the patent working PIL filed before the Delhi High Court by Prof. Basheer in 2015. The Court had disposed of the PIL in April 2018, directing the Government to complete all steps towards effectuating necessary amendments to optimise the patent working provisions within strict timelines. As per its undertaking, the Government had agreed to…


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