Category Archives: Patent

Patent

A Second Opposition Is Filed Against Janssen’s Patent Application For The Fumarate Salt Form of Bedaquiline

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Multiple news outlets recently reported about a pre-grant patent opposition filed by two TB survivors, with support from MSF, against a patent application filed by Janssen for a salt form of its experimental TB drug bedaquiline. In a press note put out by MSF, it was claimed that this opposition “…is the first ever challenge against a TB drug patent in India”. This is a factually incorrect statement. The patent application under challenge, as per Sandeep Rathod’s analysis of the…


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Drug Regulation Patent

Guest Post (Adarsh Ramanujan): Why Donald Trump’s Union Address Matters for Pharma Patents in India

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We’re pleased to bring to you a guest post by Adarsh Ramanujan. Adarsh is an advocate primarily assisting clients as a litigation attorney. He has recently started his own counsel practice with offices in Delhi and Chennai after having spent considerable time with Lakshmikumaran & Sridharan at their New Delhi and Geneva offices. He obtained his B.Sc. LL.B. (Hons.) degree (Gold Medalist) from National Law University, Jodhpur  and LL.M. degree from University of California, Berkeley. He is a qualified Patent Agent…


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Patent

DIPP’s Proposed Patent Rules Amendment to Legitimize India-Japan Patent Prosecution Highway

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We’re pleased to bring to you an insightful guest post by Roshan John, examining the amendments proposed by the recently published Draft Patent (Amendment) Rules, 2018 in light of the India’s recent agreement with Japan on having a patent prosecution highway program. Roshan works as a Trade and IP analyst for Access Campaign of Médecins Sans Frontières. DIPP’s Proposed Patent Rules Amendment to Legitimize India-Japan Patent Prosecution Highway Roshan John The Department of Industrial Policy and Promotion (DIPP) had recently…


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Patent

Decoding the Monsanto (BT Cotton Patent) Ruling: Story Abhi Baaki Hai, Mere Dost!

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Monsanto’s fight against Nuziveedu and other seed companies over BT Cotton (that Prashant recently blogged about) will rate as one of the toughest patent battles ever. Not just patents, but involving a whole host of other laws including: i) Contract law (given that licensing contracts between Monsanto and some of the seed companies such as Nuziveedu were terminated) ii) Constitutional law (Monsanto’s challenge to cotton price control orders issued by govt) iii) Arbitration law (given that there are countless arbitration…


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Patent

Patent Working PIL (Update): Court Directs Govt. to File Status Report within Three Weeks

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Some of you may be wondering as to what happened to the patent working PIL filed in 2015. As noted in the last post, the Delhi High Court had disposed of the petition in April last year, directing the Government to complete all steps towards effectuating necessary amendments to optimise the patent working provisions; and all to be completed within strict timelines. It also asked the Government to place a report before it upon completion of this exercise. As per its…


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Patent

Supreme Court Saves Monsanto From Its Own “Incomprehensible” Legal Strategy

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 In a judgment delivered today, the Supreme Court set aside the judgment of a Division Bench of the Delhi High Court which had revoked Monsanto’s patent and remanded the matter to the trial court. The issue of patent validity remains open and has not been decided by the court, as has been wrongly reported by the media. This litigation had kicked off in 2015 with Monsanto winning at the interim stage before the trial court followed by it losing grandly…


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Patent Plant Variety Protection

Excluding “Essentially Biological Processes”: Implications for Monsanto vs Nuziveedu

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We are pleased to bring to you an insightful guest post by Dr. Deepa Kachroo Tiku on a contested provision of patent law involving the exclusion of plants/animals and essentially biological processes. As readers are aware, this exclusion (section 3(j)) is at the forefront of a big ticket patent battle between Monsanto and Nuziveedu. As we understand, the hearings have concluded and the court is expected to issue a decision sometime soon. Deepa is a partner at K&S Partners and…


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Patent

Novartis vs Section 3(d): Once Bitten, Clearly not Shy!

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I was a tad bit surprised to see Novartis move a patent application claiming a polymorph, without much evidence of its therapeutic superiority. Resulting in a rejection from the  Indian Patent Office. Here is what the Assistant Controller, Dr Archana Gupta states: “The patent application no. 305/DELNP/2009 was filed on 14/01/2009 by the applicant entitled “Crystal Form of Epothilone B and use in Pharmaceutical Compositions”. Objections: 1. Subject matter of the claims do not constitute an invention under section 2[1(j)] of…


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Patent

The Politics of Patent Citations: Are Some Scholars More Equal than Others?

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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…


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Patent

The 2018 Patent Agent Examination – Discrepancies and Some Fundamental Issues

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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…


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