Category Archives: Patent

Drug Regulation Others Patent

Reliance Life Sciences Scores Minor Victory in Continuing Litigation over Trastuzumab Biosimilars

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An appeals bench of the Delhi High Court finally heard and disposed, last month, an appeal filed by Reliance Life Sciences in 2016, against an order that Justice Manmohan Singh had delivered in a lawsuit filed by Genentech. Since this is a strange case, it is necessary to recap the origins of this lawsuit. Around 2013, Biocon, Mylan and Glenmark were circling around Genentech’s patents and pending patent applications over the biologic Trastuzumab, that is sold under the brand name…


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Patent

Patent Office Publishes A New List of Scientific Advisors After 9 Years

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[This post has been co-authored with Bhavik Shukla, a 5th year student at National Law Institute University (NLIU), Bhopal.] The Patent Office released a list of newly enrolled/ retained scientific advisors last month. A total of 37 advisors have been included in the list, out of which 22 scientific advisors have been retained from the previous list published in 2010. Section 115 of the Patents Act, 1970 (‘Act’) grants a court (hearing matters under the Act) the power to appoint…


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Patent Trademark

Technology Has the Potential to Make Trademark Processes Easy Peasy

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Singapore’s New Trademark App The Intellectual Property Office of Singapore has recently launched an app called ‘IPOS GO’ available on the Apple App Store and the Google Play Store. The app provides various on-the-go trademark services, which include even direct filing of trademark applications (making this the world’s first mobile app for enabling the filing of trademark applications).  The various functions that the app can perform are: “Use IPOS Go to: Apply for and renew trademark registrations in Singapore* Search…


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Patent

Del HC Clarifies that No Infringement Action is Maintainable in Respect of a Revoked Patent

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A recent decision by Justice Prathiba Singh of the Delhi High Court, in the case brought in by Novartis AG against Natco this year, reiterates the black letter law regarding non-maintainability of infringement actions in respect of unregistered or revoked patents. Section 62(2) read with Section 11A(7) of The Patents Act, 1970 provides that “No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent…


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Patent

Del HC Vacates Interim Orders Restraining Dr. Reddy’s & Ors. from Selling AstraZeneca’s Ticagrelor

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On 8th August, the Single Bench of the Delhi High Court vacated the interim orders granted in favour of AstraZeneca (‘plaintiff’) preventing Micro Labs, Natco Pharma and Dr. Reddy’s Laboratories (‘defendants’) from selling, marketing or dealing with TICAGRELOR (an effective platelet aggregation inhibitor) or any other product violating the plaintiff’s registered patents- IN 907, IN 984 and IN 674. The case relates to two important issues, namely, selection patents and the difference between coverage and disclosure in a patent. The…


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Competition Law Data Exclusivity Overlaps in IP Patent

Shogun Organics: Burden of Proof and Follow On Registrations

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Shogun Organics Limited v. Gauri Hari and Others is a curious case concerning burden of proof and an apparent conflict between the Patents Act, 1970 and the Insecticides Act, 1968. Facts Shogun Organics Limited (plaintiff) filed a suit seeking a permanent injunction to restrain the defendants from infringing its process patent. The patent relates to the manufacturing of d-trans Allethrin (an active ingredient in mosquito repellants). Shogun had also obtained an ‘original’ registration for the manufacture of this product under the…


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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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