Category Archives: Patent

Patent

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

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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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[Sponsored] LexisNexis Introduces New Legal Issue Analysis for PTAB Ex Parte Decisions in LexisNexis PatentAdvisor

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We’re pleased to inform you that Lexis Nexis has introduced new legal issue analysis for PTAB ex parte decisions in LexisNexis PatentAdvisor. For further details, please see their announcement below: LexisNexis introduces new legal issue analysis for PTAB ex parte decisions in LexisNexis PatentAdvisor, enabling search issue-tagged decisions and locating effective arguments at every interaction with the USPTO. LexisNexis Legal & Professional today announced the launch of PTAB Decisions, an enhancement to the market-leading patent prosecution analytics tool LexisNexis PatentAdvisor….


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Patent

Delhi High Court grants interim injunction to Novartis against Natco’s use of Revolade patent 

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The Delhi High Court recently granted an interlocutory injunction to Novartis against Natco’s use of Eltrombopag Olamine (EO). The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The court in the present matter seemed to have sided with the former and placed the ‘presumption’ of validity of a patent at…


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Opportunities Patent

Beginners’ Awareness Workshop on Patent Oppositions in the Pharmaceutical Field [Dec 13-15; Apply by Dec 10]

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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 13th to 15th December, 2021. Beginners’ Awareness Workshop on Patent Oppositions in the Pharmaceutical Field Inter University Centre for IPR Studies (IUCIPRS), CUSAT and Third World Network are jointly organising a Beginners’ Awareness Workshop on Patent Oppositions in the Pharmaceutical Field. The workshop is online and is open…


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COVID-19 Patent

Free Online Course on ‘Access to Medicines, TRIPS and Patents’ [Nov 18-Dec 17; Register by Nov 8]

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We’re pleased to inform you that Third World Network (TWN) and Jindal School of Government and Public Policy (JSGP) are organising a free five-week online course/workshop on ‘Access to Medicines, TRIPS and Patents’ from 18th November, 2021. The deadline for registration is 8th November, 2021. For further details, please read the announcement below: Online Course on ‘Access to Medicines, TRIPS and Patents’ [Nov 18 – Dec 17] Third World Network (TWN) and Jindal School of Government and Public Policy (JSGP) are organising a…


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COVID-19 Event Innovation Patent

Conference: Intellectual Property, COVID-19, and the Next Pandemic: Diagnosing Problems, Developing Cures

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poster for conference

We’re pleased to inform our readers of a very interesting looking international conference coming up in a few days, on Covid and IP protection. The conference is on 5th-6th November and it is free to attend. The registration page is here. As described by the organisers: The conference aims at sharing ideas on how we can use intellectual property as a tool for promoting not just innovation but also equitable distribution of life saving drugs in low and middle-income nations….


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Opportunities Patent Sponsored

[Sponsored] LexisNexis Webinar on ‘Calling for Action: How to Track and Measure Sustainable Innovation and Investments’ [October 19]

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We’re pleased to bring you this announcement by LexisNexis on their launch of a new Sustainable Innovation Measurement framework to enable organizations globally to objectively track and report on innovation’s contribution to the United Nations Sustainable Development Goals. They are also holding a webinar on ‘Calling for Action: How to Track and Measure Sustainable Innovation and Investments’ on October 19, 2021, the details of which can be viewed below. Introducing a New Objective Way to Track and Measure Sustainable Innovation…


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Copyright Drug Regulation Geographical Indication Patent Trademark

SpicyIP Weekly Review (September 27 – October 3)

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Zolgensma and the Inadequacies of the Compulsory Licensing Regime In a guest post, Akhil wrote about Zolgensma, Novartis’ gene therapy medication prescribed for treatment of Spinal Muscular Atrophy (‘SMA’). Akhil discusses the compulsory licensing provisions in the TRIPS Agreement, as well as the objectives and principles relating to safeguarding public interest in Articles 7 and 8 and how they find reflection in India’s Patent Act. Breaking down the 3 tests of reasonably meeting the requirements of public, reasonable affordability and…


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Patent

Zolgensma and the Inadequacies of the Compulsory Licensing Regime

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We’re pleased to bring to you a guest post by Akhil Satheesh. Akhil is a final year B.A.L.L.B.(Hons.) student from NUALS, Kochi. Zolgensma and the Inadequacies of the Compulsory Licensing Regime Akhil Satheesh What is the price of an ordinary human life? Although the answers may be imprecise and deeply rooted in philosophical quandaries, for those suffering from a rare genetic degenerative disorder, Novartis answers the question, valuing life at 2.1 million dollars (Rs. 16 crore). This was the price…


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Copyright Geographical Indication Patent Trademark

SpicyIP Weekly Review (September 20- 26)

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ASĀVA v. RAMPUR ASAWA: Bombay HC Sets the Record Straight on Deceptive Similarity In this post, Adyasha analyses a recent trademark infringement dispute before the Bombay High Court over the ‘RAMPUR ASĀVA’ mark for alcoholic beverages. While the Single Judge bench ruled in favour of the defendant, the Division Bench overruled that order. Adyasha first provides the factual background and the reasons behind the Single Judge’s refusal of the interim injunction. She notes that the Single Judge agreed with the…


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