Category Archives: Patent

Patent

Delhi HC Self-Corrects on Public Interest in Pharma Injunctions


Last week, we examined a new articulation of the public interest standard for the grant of interim injunctions in pharma patent litigation. In Bayer v. Ajanta, Justice Gauba of the Delhi HC held that commercial exports of prima facie infringing products covered by a non-worked Indian patent did not merit injunctive relief, on the ground that such exports generated employment and tax revenue for the state, and it was therefore in the public interest to allow them to continue. There are obvious…


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Patent

PTAB Upholds Grant of Patent to Broad Institute over CRISPR Gene-Editing Technique; Holds that it Does not Constitute Interference


In a development that is likely to have far-reaching ramifications in the field of gene editing, the US Patent Trial and Appeals Board (PTAB) put to rest a thorny controversy surrounding the patenting of the CRISPR Cas-9 method of gene editing last week. The verdict comes in the wake of a hotly contested battle between UC Berkeley and the Broad Institute at MIT and Harvard as to who owns the patents over this gene-editing technique. In the paragraphs that will…


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Patent

Ministry of Finance Reiterates its Decision not to Grant Benefits of Flexible Complementing Scheme to Patent Office Employees


Few would disagree with the broad proposition that the success of the patent system is contingent upon a well-functioning patent office, manned by technically competent examiners and controllers. To this end, two issues that have often been at the forefront of most discussions about the strategies that can be adopted to achieve this objective have been the need to recognize the patent office as a scientific and technical organization and, as a logical corollary, to make the modified flexible complementing…


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Patent

Break in India: Were the Dark Ages Really Dark?


In a recent post, I reflected on the disingenuous US Chamber of Commerce rankings designed to coerce India into picking up TRIPS plus IP standards that suit US industrial interests! I exhorted that India should use this opportunity to break the obsolete IP paradigm and refuse to play ball on the patent numbers game! Some months ago, I had the opportunity to reflect more on this “Break in India” theme for a special issue of the Seminar. For those interested, the…


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Patent

Break in India: Leapfrogging Patent Obsolescence


The US Chamber of Commerce is at it again! Ranking India close to the bottom of its inane IP index. Unfortunately, some of our commentators have fallen prey to the seductive logic of these rankings and warned us in dire tones that if we didn’t ramp up our patent numbers, we’d suffer on the technological front. I’ve cautioned against this myopic vision in a recent op-ed in the Hindu. This comes close on the heels of a recent post by…


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Copyright Patent

The Press Release Journalism Around the GIPC IP Index


It is that time of the year once again – the Global Intellectual Property Centre (GIPC) has released its international IP Index to help measure the global IP environment. As is usually the case with the GIPC index, India is located close to the bottom of the 40-45 countries that are considered for the index. This year the GIPC has placed India at 43rd out of a list of 45 countries. In the past, Swaraj and Kartik have questioned the…


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Patent

Bayer v. Ajanta: DHC Erects New Jurisprudence on Public Interest for Injunctions


On 20 December 2016, Justice RK Gauba of the Delhi High Court heard an interlocutory application under Order 39 Rules 1 and 2 of the CPC filed by Bayer Intellectual Property GmbH in a suit concerning IN225529 (3275/DEL/1998) against Ajanta Pharma Ltd. Bayer asserted that the patent covered vardenafil, a drug used to treat erectile dysfunction, and that Ajanta was manufacturing and selling the drug under its brand Valif. IN225529 The suit patent claims the compound, its derivatives, and pharmaceutical compositions containing…


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Patent

First ever TRIPS amendment enters into force to formalise Para 6 system


In previous posts, we have blogged about the so-called Paragraph 6 System, which reconciles an apparent tension between the competing objectives of protecting patent exclusivity and ensuring access to healthcare in Least Developed Countries (LDCs). Article 31 of the TRIPS governs uses of a patented invention without the authorisation of the patentee. In simple terms, Article 31 regulates the issue of Compulsory Licences by states party to the TRIPS. Article 31(f) clearly provides that CLs shall only be issued “predominantly for…


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Patent

A Patent Application Published 20 Years After Its Filing in India


We are pleased to bring to you a guest post by Vijaykumar Shivpuje. Vijay is a Patent Agent and an IP consultant. He brings with him more than 12 years of experience in IPR with multi-national pharma organizations and is also the owner of “VPATAPP”, a mobile app designed for patent professionals. He can be reached at [email protected]   A Patent Application Published 20 years After Its Filing in India Vijaykumar Shivpuje Indian Patent Office published around a  total of 41,000…


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Patent

IPO’s Answer Key of Patent Agent Exam 2016 : More Questions than Answers


We are happy to bring to you a guest post by Dinesh Parmar, who works with Parker & Parker Co. LLP and is one of the candidates who wrote the Patent Agent Exam 2016. In a recent post, we had brought to light the controversy surrounding the credibility of the viva scores awarded to the candidates of this exam and urged those aggrieved to challenge the constitutionality of the viva exam requirement in the court. In this post, Dinesh takes issue…


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