Category Archives: Patent

Patent

Patent Working PIL (Update): Court Directs Govt. to Complete Amendment Exercise of Patent Working Rules/Form 27 within Proposed Timelines 

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It’s been a while since we updated you on the patent working PIL matter  at the Delhi High Court. On 23rd April, 2018, the Delhi High Court disposed of the matter, directing the Government to complete all steps towards effecting necessary amendments in the patent working provisions, strictly within the timelines proposed by it. It has also asked the Government to place a report before it upon completion of this exercise. As our readers may recall, the Court, in an…


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Patent

SpicyIP Fellowship 2018-19: Utility or Futility: When Should a Patent Be Revoked on the Ground of Inutility?

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We’re glad to bring to you another guest post by our Fellowship applicant, Rishabh Mohnot. Rishabh is a 3rd year student at National University of Juridical Sciences (NUJS), Kolkata. This is his second submission for the Fellowship. The first submission can be viewed here. Rishabh had also written a post for us last year during his internship. Utility or Futility: When Should a Patent Be Revoked on the Ground of Inutility? Rishabh Mohnot Under the Patents Act, 1970, Section 64(1) provides a…


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Patent

Understanding the Public Interest Element of the Injunction Analysis in Patent Infringement Cases

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We are 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…


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Patent Plant Variety Protection

NSAI’s Lopsided Take on Patenting of Biotech Innovation in Agriculture 

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Last week, we had brought to you a guest post by NSAI on the ongoing Monsanto-Nuziveedu patent dispute. We now bring to you another guest post on this dispute by Mr. Bhagirath Choudhary, the founder director of the South Asia Biotechnology Centre (SABC), New Delhi and Dr. Usharani KS, who practices at Prometheus Patent Services, Hyderabad. This post is in response to NSAI’s post, which in turn was in response to Prashant’s post on whether Monsanto’s invention can be protected as a plant variety…


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Patent Plant Variety Protection

National Seed Association of India (NSAI) on Delhi High Court’s Judgment in the Monsanto-Nuziveedu Dispute

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We bring you a guest post from Mr. R.K. Trivedi, Director (Technical) of National Seed Association of India (NSAI). This post is in response to Prashant’s post on whether Monsanto’s invention can be protected as a plant variety and seek benefit-sharing from Nuziveedu, which was published on the blog last week. As readers may be aware, Monsanto is locked in what is possibly the biggest patent/technology battle against various seed companies for some years now. The main seed companies at…


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Patent

SpicyIP Fellowship 2018-19: Is The Discussion on Patent Laws For Outer Space Inventions Really All That Relevant?

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We are pleased to bring to you a guest post by our Fellowship applicant, Poornima Ramesh. Poornima is a 2nd year student at School of Law, Sastra University. This is her first submission for the Fellowship. Is The Discussion on Patent Laws For Outer Space Inventions Really All That Relevant? Poornima Ramesh There is an interesting debate grappling the international community of IP lawyers – patents for inventions made and used in space. We are all aware that patent rights…


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Overlaps in IP Patent Plant Variety Protection

Can Monsanto’s Invention be Protected As a Plant Variety and Can It Seek Benefit-Sharing From Nuziveedu?

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One of the central planks of Nuziveedu’s defense in its ongoing litigation against Monsanto, that we’ve blogged about over here and here, is its claim that Monsanto’s invention is nothing but a “transgenic plant” with increased insect resistance and that the same could be protected as a “plant variety” under the Plant Variety Protection & Farmers Rights Act, 2001 (PVPFRA). As discussed earlier, this characterization of Monsanto’s claim may not be accurate but it seems to have been accepted by…


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Patent Plant Variety Protection

The Issue of Claim Construction Will be Key to the Monsanto-Nuziveedu Litigation before the Supreme Court

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As expected, the judgment of the Division Bench (DB) of the Delhi High Court in the Monsanto v. Nuziveedu litigation was admitted by the Supreme Court last week and the case is now slated for a hearing in July sometime. The bench of two judges hearing the matter refused to grant a stay on the operation of the DB’s judgment. While I don’t (yet) have access to the pleadings, I’m told that Monsanto’s legal team is now disputing the extent…


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Patent

India’s Patent Working Disclosure Requirement under Attack by US Govt and Big Pharma

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Keeping in line with its long-standing tradition, the Office of United States Trade Representative (USTR) has placed India on the ‘Priority Watch List’ in its annual Special 301 Report on IPRs this year as well. The report, which was released late last month, summarises the challenges and concerns in respect of India as follows: “USTR identifies India on the Priority Watch List for lack of sufficient measurable improvements to its IP framework on longstanding and new challenges that have negatively…


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Patent

US Supreme Court Upholds Post Grant Challenge Process to Patents

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Yesterday’s decision by the United States Supreme Court (USSC) in Oil States Energy Services v. Greene’s Energy Group et al. upholds the legality of the post grant review process at the Patent Trial and Appeals Board.  The review process was initiated for the first time in US patent law history by the America Invents Act in 2011. Procedural History:  The Appellant / Oil States had a patent relating to tech. for equipment used in hydraulic fracturing.  It sued Greene’s Energy Group for infringement at district…


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