Category Archives: Patent

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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Patent

Breaking News: Madras HC Upholds Kibow’s Probiotic Patent on Renadyl

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In a significant development for Indian patent law, the Madras High Court dismissed a writ petition challenging an IPAB order that effectively upheld a probiotic patent. This is one of the rare Indian cases, where a patent has been upheld by the IPAB and that order has effectively been validated by a High Court. Very well-reasoned, this decision by Justices R. Subbiah and C. Saravanan has important propositions for both patent law and administrative law. But first some background. As we’d…


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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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