Category Archives: Patent

Patent

The Curious Question of Who Is An “Any Person” Part 2: Where’s The Data?


This two part series looks at a case from late 2020, dealing with pre-grant oppositions. The first part questioned the relevance of educational and professional qualifications of pre-grant opposition filers, in context of the literal and contextual interpretation of ‘any person’ in the existing legislation requiring an expansive reading. This post will continue that discussion by asking where the backing is for the reasoning behind a narrower interpretation, as well as highlighting the policy significance of having (literally) ‘any person’ being…


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Patent

The Curious Question of Who Is An “Any Person” Part 1: BHC and Diluting of Pre-Grant Oppositions


image showing synonyms of 'any person' on a cartoon dinosaur

A recent order by the Delhi High Court in the case of Agriboard International Llc vs Deputy Controller Of Patents brought up the very relevant issue of the requirement of the Patent office to issue “speaking orders” while rejecting a patent application. Indeed, this is an important requirement and we will look to cover this decision in a blog post soon. However, discussing this case brought to mind the issue of safeguards for ensuring high patent quality. And combined with…


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Courses & Workshops Patent

Awareness Workshop on Patent Oppositions in the Pharmaceutical Field [April 20-22; Apply by April 15]


We’re pleased to inform you that Inter University Centre for IPR Studies (IUCIPRS), CUSAT and Third World Network are jointly organising a free Beginners’ Awareness Workshop on Patent Oppositions in the Pharmaceutical Field from 20th to 22nd April, 2022. For further details, please see the announcement below. Beginners’ Awareness Workshop on Patent Oppositions in the Pharmaceutical Field Inter University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT) and Third World Network are jointly organising a Beginners’…


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Opportunities Patent

Webinar on ‘Is the Leaked TRIPS Waiver Text a Loss for India?’ [March 30]


We’re pleased to inform you that Jan Swasthya Abhiyan (JSA), People’s Vaccine Alliance (India) and Campaign for Access to Medicines, Diagnostics and Devices (CAMD-India) would like to invite you to a webinar on “Is the leaked TRIPS Waiver text a loss for India?” to discuss the critical issues in the leaked text on 30th March, 2022. For further details, please see the announcement below: Webinar on ‘Is the leaked TRIPS Waiver text a loss for India?’ The World Trade Organization…


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COVID-19 Patent Trade Secret

The Quad discussion group’s compromise falls short of a comprehensive TRIPS waiver


Text saying Compromise

As readers would know, the TRIPS Waiver proposal at the WTO regarding Covid vaccines and treatment, has been discussed ad-nauseum for more than a year now, with very little actual progress. Roshan John brings us an interesting update from a closed-door discussion between EU, India, South Africa and the United States, based on some leaked text that appears to be a draft document outlining a potential compromise / way forward. Roshan is a lawyer and works on trade and intellectual…


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Innovation Patent

How Much For That IP System? South Centre Report Suggests Developing Countries Pay Quite the Price


In the discussions around IP, trade and innovation, it has often been pointed out that least developed countries and developing countries are frequently the net importers of technologies, while the developed countries tend to be net exporters of technologies. This is a point that is especially relevant when discussing the problems with ‘one-size-fits-all’ approaches to globally harmonized IP regimes (see for example, this post on a Report on Patent Exclusions). An interesting new report (available here) published by South Centre…


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Opportunities Patent

Online Course/Workshop on Access to Medicines TRIPS and Patents [March 10 – April 8]


We’re pleased to inform you that Third World Network and Inter University Centre for IPR Studies (IUCIPRS), CUSAT are jointly organising a free online workshop on ‘Access to Medicines TRIPS and Patents’ from 10th March to 8th April, 2022. The deadline for registration is 5th March, 2022. Online Course/Workshop on Access to Medicines TRIPS and Patents Third World Network (TWN) and Inter-University Centre for Intellectual Property Rights Studies (IUCIPRS), Cochin University of Science & Technology (CUSAT) are organising a five-week…


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Patent Sponsored

[Sponsored] LexisNexis Introduces LexisNexis PatentAdvisor Extension, Free Web Tool to Display Patent Examiner Stats on USPTO Websites


We’re pleased to inform you that LexisNexis has introduced LexisNexis PatentAdvisor Extension, a free web tool to display patent examiner statistics on USPTO Websites. For further details, please read their announcement below. LexisNexis Introduces LexisNexis PatentAdvisor Extension, Free Web Tool to Display Patent Examiner Stats on USPTO Websites New web browser extension makes USPTO examiner and art unit statistics available to any patent professional, integrated directly into their patent prosecution workflow LexisNexis Legal & Professional today announced the launch of…


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Innovation Patent Sponsored

[Sponsored] Short Course on ‘Pharmaceuticals and IP’ by British Institute of International and Comparative Law [March 4 – May 13]


We’re pleased to inform you that The British Institute of International and Comparative Law (BIICL) is offering a short course on ‘Pharmaceuticals and Intellectual Property’ from 4th March 4 to 13th May, 2022. For further details, please see their announcement below. Short course: Pharmaceuticals and Intellectual Property 10 Sessions: 4 March – 13 May 2022 The British Institute of International and Comparative Law (BIICL) is delighted to announce a new short course entitled: ‘Pharmaceuticals and Intellectual Property’. This is a…


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Patent

Section 3(b) Rejections: Patent Office Rejects Claims for Nicotine Delivery Devices


Green-coloured signboard with text "rejection just ahead"

We recently came across two decisions by the Indian Patent Office (IPO) in which patent claim applications concerning two nicotine delivery devices were rejected on the ground of the same being affected by section 3(b) of the Indian Patents Act, 1970. Section 3(b) provides that “an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to…


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