Category Archives: Patent

Patent

What’s All the Fuss About in India, Concerning the EPO?

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We are extremely pleased to bring to you a guest post by Adarsh Ramanujan. Adarsh is an Advocate with Lakshmikumaran & Sridharan, New Delhi, primarily assisting clients as a litigation attorney. He obtained his B.A. LL.B. (Hons.) degree (Gold Medalist) from National Law University, Jodhpur  and LL.M. degree from University of California, Berkeley. A major portion of his time is spent, practicing in the areas of IP & Technology Laws as well as in International Trade Law. His expertise also extends…


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Patent

Indian Patent Office – Expedited Examination – Does it in Record Time

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  Our patent office had initiated the expedited examination procedure last year under the revised rules 2016.  This program has yielded excellent results and some patents already granted.  One of them has been granted in record time of less than 4 months.  This is remarkable as if I exclude the time taken by the applicant to respond, the patent office took only 19 days. This is less than a month! Great going and three cheers for our patent office! About…


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Copyright Patent Trademark

Justice Bhat overruled Time Incorporated v. Lokesh Srivastava in 2014 (& we discovered it only in 2017)

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At a conference held earlier this month in Bangalore (organised by Professors Yogesh Pai, Arul Scaria & T. Ramakrishna of NLU-D & NLSIU), I was surprised and delighted to learn that the infamous judgment in the case of Time Incorporated v. Lokesh Srivastava (2005) allowing for the grant of punitive damages in IP cases was overruled in 2014 by a Division Bench of the Delhi High Court led by Justice Ravindra Bhat. As judgments go, the Times Incorporated judgment was…


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Others Patent

Accessing Patent Office’s Order in India’s Second Compulsory Licensing Case Openly: EBC Helps Yet Again

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Did any of you recently try searching online for a copy of the Patent Office’s order rejecting the second compulsory license application that was filed in India by BDR Pharma for BMS’s patented anti-cancer drug ‘Dasatinib’? Most of you who did, I’m sure, were met only with disappointment. This order (dated October 29, 2013) is, sadly and surprisingly, not available on the Patent Office’s website. In fact, it’s nowhere to be found on the internet except on LinkedIn Slideshare here….


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Others Patent

Lessons from TRIPS as India negotiates the Regional Comprehensive Economic Partnership

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Last week, 16 Asia-Pacific countries concluded yet another round of negotiations on the Regional Comprehensive Economic Partnership (RCEP). Billed as one of the biggest regional free trade agreements, RCEP is expected to bring together the ten countries that form ASEAN along with Australia, China, India, Japan, South Korea and New Zealand. These countries account for nearly 50% of the global population and 30% of global GDP. As expected, there were several protests in Hyderabad by NGOs and civil society although…


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Patent

I didn’t sleep all night: Of Patent Policy and Spirited Souls

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“I didn’t sleep all night!” I looked at him in wonderment. “Why”, I asked? “The attorney was really good. And almost had me convinced that the invention was patentable. I had to find a way to reject it!” “Why”, I asked? “You see, we were wedded to the Ayyangar report”, he responded. “And that was our Bible. Ayyangar asked us to grant fewer patents….since we were a developing country and needed to imitate before we invented. The fewer patents, the…


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Patent

Can Patent Attorneys Ever be Named as Co-Inventors of the Claims they Draft?

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Last week, we received a very thought provoking comment from a lawyer working at a renowned patent law firm in France (who wishes to remain anonymous). In the comment he throws light on the prevalent practice of patent attorneys often having to draft patent applications based on only a single slide or drawing provided by their clients and yet not being cited as co-inventors in those applications. He argues that that this practice is not only unfair but also against…


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Patent

Patent Office Now Issues Bilingual First Examination Reports of Applications and Automates Processes for Issuing Patent Certificates

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  The Indian Patent Office has made some interesting procedural changes recently. In a first, it appears that the Indian Patent Office is now issuing official communication bilingually in both English and Hindi. A public post by the Joint Controller of Patents and Designs at the IPO captures one such bilingual First Examination Report (which is the report issued to patent applicants in response to a request for examination). This move could be a result of the larger policy objective of promoting Hindi as…


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Patent

Chemtura Patent Restoration: Bombay HC Reverses IPAB’s Revocation Order

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On 19th June, the Bombay HC in exercise of its writ jurisdiction, passed an order restoring Chemtura Corporation’s patent (patent number 213608) on the register. While doing so, the Court also effectively overturned a 2012 IPAB decision revoking the same patent. Prior to this, the Chemtura patent had been subject to judicial scrutiny in 2009. We covered that order extensively over here and in passing here. The facts leading up to the present order are as follows: Chemtura was granted…


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Patent Plant Variety Protection

NOC requirement for registering or releasing new plant varieties scrapped

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As per a recent report in the Financial Express by Vivian Fernandes, the PPVFR Authority, constituted under the Protection of Plant Variety & Farmer’s Rights Act, 2001 has finally done away with a long-standing requirement of producing a ‘No-Objection-Certificate’ (NOC) from the patentee of a particular GM trait that is used by a breeder while developing a new plant variety and which variety he seeks to register under the PVPFRA. Since the interplay of these rights is slightly confusing, let…


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