Category Archives: Patent

Copyright Others Patent Plant Variety Protection Trademark

Curiouser and Curiouser: The Delhi High Court Whitewashes an Infirm IPAB and Rules that a Plant Variety is a Patent..and Perhaps Even a Trademark!

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We bring you a guest post from the prolific Prashant Reddy, who has had to take a break away from regular blogging at SpicyIP since he now heads the judicial reforms team at Vidhi. Fortunately, we managed to persuade him to pen a guest post on this rather curious decision, where a judge of the Delhi High Court has effectively ruled that an “expert” IP tribunal that lacks the alleged “expertise” can still decide IP disputes. In his inimitable style,…


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Patent

Government’s Dilution of Patent Working Disclosure Requirements and the Implications on Compulsory Licensing

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A few weeks ago, Pankhuri had released a post on the Government’s proposed revisions to Form 27, provided in the Draft Patent (Amendment) Rules, 2019.  Before I delve into the implications of these revisions, a brief recap of the relevant legal provisions and the events which led to this state of affairs is required to give readers more clarity on this pressing issue. Compulsory Licensing, Patent Working and Form 27-A Short Introduction Section 146 (2) of the Indian Patent Act…


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Patent

Delhi HC Division Bench Affirms that Export is Allowed under India’s Bolar Exception: Propounds ‘Reasonable Relation’ Test

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(This post has been co-authored with Bhavik Shukla, a 4th year student at NLIU, Bhopal) Recently, in a decision that is likely to have a significant impact on pharmaceutical patents and access to medicines, a Division Bench of the Delhi High Court, upheld a Single Judge’s decision and ruled that the ‘export’ of a patented invention for experimental purposes is also covered under Section 107A of the Patents Act, 1970 (India’s Bolar exception), and thus does not amount to patent…


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Patent

Indian Government Proposes to Dilute the Disclosure Requirement for Patent Working

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As our readers may recall, in April last year, the Delhi High Court had disposed of the patent working PIL filed by Prof. Basheer in 2015, 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 publish the amended version of Form 27 as approved by the competent authority (DIPP) on or before September 6 last year. Unfortunately, the Government failed to abide…


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Patent

Delay in Issuing Patent Agent Registration Numbers

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According to an anonymous report received by us at SpicyIP, the Indian Patent Office (“IPO”) is yet to issue Patent Agent Registration numbers aka IN/PA numbers to a certain number of successful candidates who have cleared the Patent Agent Examination, 2018 (“Examination”). The Examination took place in October, 2018 and the results were released in January, 2019. The IPO released instructions on the procedure to be followed by the candidates who had qualified the Examination and announced that they were to…


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Innovation Others Patent

US Trade Representative Special 301 Report 2019: “Phir Ek Baar, Priority Watch List Ki Vaar”

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aka the Priority Watch List Strikes Again. For the 27th year in a row, India has made it to the infamous Priority Watch List in the Special 301 Report – an annual classification exercise by the office of the US Trade Representative, meant to put pressure on nations allegedly not complying with United States’ domestic standards for intellectual property protection. The list classifies certain countries as belonging to a ‘watch list’, or a ‘priority watch list’, and is meant to…


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Patent

Who am I? Branding the Indian Patent Office as an “Adjudicative Regulator”

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Some of you may have heard of an exceptional book series on intellectual property (IP) called “Kritika”. Published by Edward Elgar and edited by the wonderful trio of Professor Peter Drahos, Hanns Ullrich and Gustavo Ghidini. In their third volume, we (Rahul Bajaj and me) have contributed a chapter on the Indian patent office titled “Who am I? Of Patent Independence and ‘Adjudicative Regulators’”. This SSRN link offers you a free download of the near final version of this piece….


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Patent Plant Variety Protection

The Notice on Plant Breeders’ Rights (II)- Who is to monitor Seed Prices?

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In my previous post, I had summarised Monsanto’s past dealings with Indian seed companies and the history of seed price control orders in India. I had also pointed out the confusion regarding the applicability of both, the Patents Act and Protection of Plant Varieties and Farmer’s Rights Act (PPVFR Act), to Bt cotton seeds. From the Notice, it is clear that it seeks to give clarification on the powers of the Plant Authority to monitor prices of registered plant varieties…


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Patent Plant Variety Protection

The Notice on Plant Breeders’ Rights (I)-The Apparent Conflict between the Patents Act and the Plant Varieties Act

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The Notice on Plant Breeders’ Rights (“Notice”) has opened a whole new can of (boll)worms! In this post, I hope to describe the following: The convoluted history of seed price control orders in India Main features of the Notice (as above mentioned) The controversial relationship between the Patents Act,1970 and the Protection of Plant Varieties and Farmer’s Rights (“PPVFR”) Act, 2001 (in so far as it relates to the dispute involving Monsanto and the domestic seed companies) Monsanto’s BG Technology and…


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Patent Plant Variety Protection

Analyzing Subject Matter Excluded from Patenting in the Backdrop of Lawsuits Involving Monsanto

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We’re pleased to bring to you a guest post by Kartik Puttiah. Kartik is the co-founder of InvnTree IP Services. He has over thirteen years of experience in patent consulting. He specialises in patent drafting and prosecution, and routinely advises his clients on patent portfolio development. He also works with his clients in addressing patent risks. He obtained his B.E. degree in Industrial Engineering and Management and is also a registered patent and trademark agent. Analyzing Subject Matter Excluded from…


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