Category Archives: Patent

Overlaps in IP Patent Plant Variety Protection

Delhi High Court’s Judgment in Monsanto v. Nuziveedu Delivers a Deadly Blow to the Agro-biotech Industry

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A Division Bench of the Delhi High Court recently pronounced its judgment in the long running litigation between Monsanto and Nuziveedu. The present judgment was delivered in cross appeals filed by both parties against the order of a single judge of the Delhi High Court that was delivered last year. To describe the judgment briefly, the court has delivered a knock-out punch to Monsanto, by declaring invalid its patent for Bt. Technology because Section 3(j) of the Patents Act prohibited…


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Patent

Justice Prabha Sridevan and Prof. Srividya Raghavan on Patent Local Working and Safeguarding India’s Sovereignty

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Recently, Justice Prabha Sridevan (former Madras HC judge and IPAB Chairperson) and Prof. Srividya Raghavan (Professor at Texas A&M University School of Law) wrote an insightful editorial on India’s patent working disclosure requirement in the Hindu. In this hard hitting piece, they argue that this requirement is part of India’s exercise of its sovereign right and fulfillment of its constitutional duty to ensure access to medicines and protect public health. Patent Working Information and Access to Medicines Justice Sridevan and…


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Patent

Patent Office Publishes Stakeholders’ Comments on Patent Working Issues and Form 27

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In compliance of the order passed by the Delhi High Court on 15th March in Prof. Basheer’s Patent Working PIL, the Patent Office has published on its website the comments received by it from stakeholders on issues relating to patent working provisions (including Form 27). This is a very welcome move and the speed of the Indian Patent Office needs to be appreciated. The full text of the comments can be viewed here and a brief summary of each of…


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Patent

Patent Working PIL (Update): Court Directs Govt. to Give Reasonable Timeline and Publish Comments Online

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In the latest development in the Patent Working PIL filed by Prof. Basheer, the Delhi High Court has directed the Government to file an affidavit stating a reasonable timeline within which it will complete its ongoing consultation with the stakeholders on the patent working issues, examine the comments it receives and effectuate the necessary amendments under the Patents Act. In a laudable move, the Court has also ordered the Government to immediately publish all the comments received by it on the website…


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Patent

Delhi HC Reiterates that Delay in Filing a Patent Examination Request is Uncondonable

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Last month, in a lucid and well-reasoned judgment (Sphaera Pharma Pte. Ltd and Anr. v. Union Of India), the Delhi High Court emphatically clarified that the Patents Act, 1970 does not offer any scope for considering a request for patent examination filed beyond the prescribed period of 48 months from the date of filing of the application. It reiterated the ruling rendered by it in 2011 in Nippon Steel Corporation v. Union of India that we had covered here. Prescribed…


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Patent

How Does Inclusion of Patented Drugs in a WHO EoI Make Them More Affordable?

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Over the last week, The Hindu has been reporting on the issue of access to two new TB drugs called bedaquiline and delaminid. As Balaji and I have pointed out in our last two posts on SpicyIP, there are serious issues with both stories that The Hindu published on March 3, 2018 and March 4, 2018. A third story published in today’s edition of the paper, titled “WHO launches plan for cheaper TB drugs” is with regard to a recent…


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Patent

In a Well-Reasoned Judgment, Delhi High Court Rules in Plaintiff’s Favour in a Suit for Patent Infringement

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In a well-reasoned judgment issued recently, the Delhi High Court (“Court”) adjudicated upon a suit for patent infringement comprising three patents over insecticides and herbicides. The three patents owned by the plaintiff relate to a herbicidal composition. The distinctive attribute of the composition developed by the plaintiff is this: it is an amalgam of 2 compounds each of which combats different kinds of weeds. More specifically, the composition consists of a compound called Metsulfuron, which controls grassy weeds and a…


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Patent

Patent Office Calls for Comments on Patent Working Disclosure and Form 27

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(This post has been co-authored with Prof. Shamnad Basheer) [Edit: The deadline for submission of comments has been extended to March 23, 2018] As reported last month, in our Patent Working PIL, the Delhi High Court asked the Government to submit an affidavit outlining the proposed framework and timeline for enforcing the patent working disclosure mandate. The court also asked the office to consider reviewing/revising the Form 27 format to make it more optimal. To this end, the Patent Office…


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Innovation Patent

Creative Destruction at it’s Best: The Death of Manual Scavenging?

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In a provocative address last year at IDIA’s annual conference, Magsaysay Award winner, Dr Bezwada Wilson rhetorically asked: How is it that we managed to send a mission (Mangalyaan) to Mars? And yet, for all our technological prowess, we still have not figured out a way to end manual scavenging! A dastardly practice with deep roots in India’s caste hierarchy and one that continues to haunt us to this day…with lower caste communities inflicted with this bountiful burden of cleaning…


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Patent

More Advocates Challenge the Requirement of a Patent Agent Examination to Practice before the Patent Office

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Since I wrote about Sanjay Gandhi’s recent petition before the Madras High Court where he sued the Controller General of Patents on the issue of advocates requiring to take the patent agent examination, I have received information regarding two more petitions on similar points before the Madras High Court and the Delhi High Court. The petition before the Madras High Court has been filed by Wing Commander (Retd.) T. R. Mohan. The gist of his petition as per a comment…


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