Category Archives: Patent

Last week, I was in for a bit of a shock! Spotted this piece on SSRN that touts the idea of an “investment protection regime” for new inventions. I’d mooted the very same idea (an investment protection regime for inventions) in my PhD thesis more than 8 years ago. This was later published (around 6 years ago) in the Journal of World IP, as below: Shamnad Basheer, “The Invention of an Investment Incentive for Pharmaceutical Innovation”, 15 Journal of World…

Patent

The 2018 Patent Agent Examination – Discrepancies and Some Fundamental Issues

by Pankhuri Agarwal November 11, 2018

59 Comments

We’re pleased to bring to you a guest post highlighting the discrepancies in this year’s Patent Agent Examination that was held last month on October 28. The post also raises a few fundamental and larger issues afflicting this exam. The author of this post wishes to remain anonymous. Our earlier posts discussing the concerns regarding the conduct and nature of this exam can be viewed here. The 2018 Patent Agent Examination – Discrepancies and Some Fundamental Issues Anonymous The Indian…

Competition Law Patent Unfair Competition

US Court Grants Federal Trade Commissions Motion: Qualcomm Must License Any Willing Company, Including Rival Chip Makers

by Rajiv Kr. Choudhry November 7, 2018

1 Comment

This is a monumental development: Judge Lucy H. Koh of the Northern District of California has held that Qualcomm must license any willing licensee – this includes rival chipmakers, such as MediaTek or Intel or any other player. This is huge: Qualcomm admittedly had never licensed any of its competitors. Hence the decision may be read to hold that Qualcomm is in breach of its FRAND commitments. In my view, this judgement is also valuable from another perspective: Whether chipsets can…

Patent

A Disgruntled Law Professor’s Open Letter to the US Supreme Court!

by Pankhuri Agarwal November 5, 2018

2 Comments

We’re pleased to bring you an unconventional post. A hilarious hard hitting letter penned by Prof. Glynn S. Lunney, Jr. to the US Supreme Court, taking issue with the uncertainty unleashed thanks to the doctrine of equivalents, as elucidated in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. This letter is likely to resonate with many of us who’ve been at the receiving end of court decisions that may be difficult to understand, much less teach. Professor Lunney is an…

Overlaps in IP Patent

India’s IPR Regime Looks to Hi-Tech to Improve Administration – From Video Conferencing to AI and Blockchain

by Divij Joshi October 23, 2018

Bombay HC Addresses Ambiguity in the Patent Agent Examination

by Prarthana Patnaik September 16, 2018

2 Comments

The Bombay HC recently delivered an order dealing with certain objections raised against the Patent Agent Examination, 2016. In their decision, they interpreted the Supreme Court’s decision in Kanpur University v. Samir Gupta (“Kanpur University”). This post examines the questions which arise due to the Court’s interpretation and application of this decision. The Question in Issue The Petitioner (a candidate who appeared for the said Examination) raised contentions regarding the answer options of a multiple choice question in the Examination…

Drug Regulation Patent

IPO Grants Patent to Brodalumab

by Rajiv Kr. Choudhry September 2, 2018

13 Comments

Last week, our IPO granted a patent to Amgen covering the drug Broadlumab. Brodalumab is a human monoclonal antibody designed for the treatment of inflammatory diseases including psoriasis In the United States, Broadlumab is known as Siliq and in Europe it is Kyntheum. The application for Broadalumab was filed as a PCT application – PCT/US2007/021174 (click here to see the page on WIPO – Patentscope) and was accorded application number: 2350/CHENP/2007. One can see the entire file on this link – https://www.quickcompany.in/patents/il-17-receiptor-a-antigen-binding-proteins Sandeep Rathod –…

Obscenity and Morality under IP Law

by Prarthana Patnaik September 2, 2018

1 Comment

Obscenity under the Indian Penal Code (“IPC”) is a relic of India’s colonial past. Though the need for such a provision is often subject to debate, it is indisputable that the judiciary’s interpretation of this provision has been often been anachronistic in past instances. The judiciary has, no doubt, evolved from the infamous Hicklin Test (tendency of the impugned material to deprave and corrupt those whose minds are open to such immoral influences) to the contemporary community standards (testing the impugned material against contemporary…

Patent

Deconstructing the FRAND Regime vis-à-vis Recourse to Injunctive Relief

by Pankhuri Agarwal August 27, 2018

1 Comment

We’re pleased to bring to you a guest post by Subhajeet Roy. Subhajeet is a recent graduate of Tamil Nadu National Law School, Tiruchirappalli. Deconstructing the FRAND Regime vis-à-vis Recourse to Injunctive Relief Subhajeet Roy Background Before one gets into the question of availability of injunctive relief in disputes related to Standard Essential Patents (SEPs), a quick recap of some important terms would be helpful. SEPs are those patents that must be used in order to comply with a said…

Drug Regulation Patent