Category Archives: Patent

Patent Trademark

Creative Ways of Cutting Pendency: Abandonment vs Allowance?


The BRICS block (comprising Brazil, Russia, India, China and South Africa) are a major force to contend with. For these countries are seen as potential world leaders (if not already). Along with Annalisa Primi, a stellar economist, I co-authored a paper some years ago referring to these countries as “Technologically Proficient Developing Countries” (TPDCs). And hoped that some of these countries would break out of the standard IP script (driven in large part by the developed world) and carve out…


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Patent

Delhi High Court Makes Clear that Patent Working Information is not “Confidential”


The Delhi high court order on “patent working” that we blogged about earlier is now available on our resource page here. As you can see, it is a very well reasoned order. And one of the few decisions that is not unduly long winded, but short, crisp and legally lucid. Here are the key excerpts from the decision. Am reproducing the introductory paragraphs of the courts ruling, since the court captures the core essence of the petition quite well. The court…


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Patent

Breaking News: Delhi High Court Asks Govt. for Status Report and Action Taken on Patent Working


(This post has been authored by and published on behalf of Prof. Shamnad Basheer) Some great news at long last! Many of you may recall that along with the indomitable Sai Vinod, I’ve been trying to persuade the Patent Office to ensure that it takes the patent working disclosure requirement more seriously and force patentees to comply with this important “transparency” requirement. To this end, I had filed a PIL in 2015. Court Ruling Today: Background For some background on…


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Patent

Interim Arrangements : Frequent and Effective in SEP Litigation in India


We are pleased to bring to you our first guest post for the year by Ms. Punkhuri Chawla. Punkhuri is a Research Analyst at the Jindal Initiative on Research in IP and Competition (JIRICO) at the O.P. Jindal Global University. Interim Arrangements – Frequent and Effective in SEP Litigation in India Punkhuri Chawla Philips filed one of the earliest SEP litigations in India in the year 2009, pertaining to its DVD technology.[1] It was one of the first cases, in which…


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Others Patent

SpicyIP Interview Series (1): Justice Prabha Sridevan on Life, Laughter and IP


As promised in our new year post on the relativity of “newness” (and the impending death of the patent system), we bring to you our freshly minted SpicyIP Interview series. And who better to kick this off than the inimitable Justice Prabha Sridevan. She hardly needs an introduction, as her legacy is stamped indelibly on many a fine Indian IP decision (which she penned both as high court judge and later, as the Chairman of the Intellectual Property Appellate Tribunal[IPAB])….


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Patent

Obsessing on Newness: The Death of Patents?


And it’s the dawn of another New Year. With “new” resolutions, resolves and all of that. But as a witty whatsapp forward notes, this one is rather special. For our millennium has just come of age! Its’ turned 18 (2018) —the age of majority in most countries. So hopefully we’ll see the show shaping of adulthood this year. But what of IP? IP is about “newness” after all. And, as a society, we’re obsessed with newness. Ti’s only fitting therefore…


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Competition Law Patent

Determination of FRAND royalty – TCL v. Ericsson LM


In my first posts in 2017, I had discussed various FRAND / SEP issues that were raised in the Qualcomm matters in Korea, and the US.  I end the year with a similar post on FRAND issues.  Together these decisions bring clarity to what is FRAND and hopefully will help the Indian brands as well in their litigation against SEP owners.  This post arises from the determination of FRAND rates in TCL Mobile Limited, and TCT Mobile v. Telefonaktiebolaget LM Ericsson, Case…


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Innovation Patent

Are Patents Property: India vs United States


In a recent brief filed before the United States Supreme Court, the US government argued that patents are not property! For those not in the know, this relates to a monumental constitutional challenge (Oil States Energy vs Green’s Energy Group) to a proceeding at the US patent office called the Inter-Partes Review (IPR), where third parties can contest the grant of a patent. A bit similar to our post grant opposition proceeding. Under US law, you cannot divest someone of…


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Patent

Determination of Patent Eligible Subject Matter: A Comparison of US and India


This post compares a current US case law relating to patent eligibility of computer implemented methods and compares with an example Indian case decided by a Controller.  It is startling to see how far the US patent law has come in defining abstract things (US 101) that are not patent eligible.  Let me explain more, for example, the US Federal Circuit has defined that claims dealing with data collection / identification of unwanted files / collection and analysis of information…


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Drug Regulation Patent

Sovaldi Saga Rages On – Malaysia Issues Government Use License Despite Gilead’s Voluntary License Deal


The World Health Organization records that as of October, 2017, 71 million people were affected by the Hepatitis C Virus (HCV), a debilitating virus which attacks the liver. Around 12 million people are affected by HCV in India – about one in every hundred. Just a few years ago, in 2014, the global incidence of HCV reported by the WHO was between 130-140 million. The remarkable decline in the HCV-affected population can probably be attributed to the blockbuster drug, Sofosbuvir….


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