Story so far: Recently, the Delhi High Court was tasked with examining an interesting competition and IP case. An informant (requesting confidentiality) filed a competition law complaint against Vifor International AG (Vifor) before the Competition Commission of India (CCI). Unfortunately, the facts of the complaint are not clear from the Delhi High Court decision since the complaint was filed seeking confidentiality. Some facts can be gleaned from the arguments of both sides. It appears that Vifor holds patents for…

Fixing Pre grants: Will the EAC suggestion to fix time limit help?

by Praharsh Gour August 9, 2022

IPAB Orders – Where Art Thou? (And Here’s Our Backup Copy)

by Swaraj Paul Barooah August 1, 2022

2 Comments

Internet Archive's Wayback machine (which archives pages across the internet) showing an "HTTP 301" error, and redirecting the page to a website that seems to belong to karnataka state open university

It’s now been almost a year since the introduction of the Tribunals Reforms Act, 2021, which put an official end to India’s Intellectual Property Appellate Board (IPAB), moving its jurisdiction back to the High Courts. There have been a few questions lingering from this transfer though. For instance, as pointed out in the comments on this post – Is there clarity on territorial jurisdiction for various High Courts for pending and new cases that would’ve gone to IPAB? What exactly…

Patent

The Extent of Claim Amendment Allowed in a Patent Application: Part 2

by SpicyIP July 28, 2022

3 Comments

Continuing on from the previous blogpost, we bring you part 2 of Amit Tailor’s two part series on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. In the first part, Amit introduced the issue and argues that the court’s reliance on the European Technical Board of Appeal’s Konica case is questionable. In this second part,…

Patent

The Extent of Claim Amendment Allowed in a Patent Application: Part 1

by SpicyIP July 28, 2022

4 Comments

We’re pleased to bring to our readers a 2 part post by Amit Tailor on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. In the first part, Amit introduces the issue and argues that the court’s reliance on the European Technical Board of Appeal’s Konica case is questionable. In the second part, Amit argues that…

Others Patent

WIPO members approve two diplomatic conferences on designs and genetic resources/TK protection

by Aparajita Lath July 23, 2022

No change, no gain: Reflecting on post-grant opposition timelines

by Aparajita Lath July 22, 2022

2 Comments

Last week we blogged about two post-grant oppositions against Novo Nordisk’s patent that have been pending for eight years. While the Delhi High Court (single judge) directed the Controller to finally hear and decide the matter by September 30, 2022, Sandeep Rathod in his comment here, pointed out that the patentee appealed the Single Judge decision before a Division Bench. It appears that this appeal was then withdrawn by the patentee midway while arguing! Sandeep has also written about post-grant…

Patent

Questionable practices leading to delays in post-grant oppositions: Novo Nordisk v UOI

by Aparajita Lath July 15, 2022

3 Comments

A recent decision of the Delhi High Court, in Novo Nordisk AS v. Union of India (July 5, 2022), brings back to light the problem of delays in post-grant oppositions in India. Prashant’s post here, discusses broader policy problems with respect to delayed oppositions. As noted, a very small per centage of patents are actually commercialised and an opposition usually signifies that the patent at issue has underlying economic value (compared to uncontested applications). So keeping an opposition pending for…

Patent

Kerala HC directs DPIIT to consider representation for issue of Compulsory License for Breast Cancer Drug

by Mathews P. George July 14, 2022

Extension of the Deadline for the 3rd Shamnad Basheer Essay Competition

by SpicyIP July 13, 2022

1 Comment

With several requests for extensions coming in, we’ve decided to extend the deadline for the 3rd Shamnad Basheer Essay Competition (2022). The new deadline is 24th July, 2022 (11:59pm IST). As a reminder, this year’s edition is open to recent graduates as well as current law students. And thanks to an anonymous donor, the prize money has been increased as well. As always, the topic is open to anything within the larger IPR sphere – the more creative, the better….

Sai Kumar Mishra { Going through the Rule 63 of the indian medical device rules, 2017, an "investigational medical device" could entice an interpretation that the device is useful for investigative (laparoscopic)... }
Scott Womble { As one of the inventors involved in the discovery and development of Valcyte, the discovery was serendipitously. We were working purely from the diester approach for oblivious reasons... }
{ Thanks for your posts, very intellectual. }
{ Any update on the result date? Its been like 2 months }
{ Can any profit motive be attached to most whatsapp/telegram group administrators? If not, can they still be held liable for copyright infringement given that the applicable provision ie... }

De-Coding Indian Intellectual Property Law

Competition law flexibilities for pharma patents? Vifor v CCI

Fixing Pre grants: Will the EAC suggestion to fix time limit help?

IPAB Orders – Where Art Thou? (And Here’s Our Backup Copy)

The Extent of Claim Amendment Allowed in a Patent Application: Part 2

The Extent of Claim Amendment Allowed in a Patent Application: Part 1

WIPO members approve two diplomatic conferences on designs and genetic resources/TK protection

No change, no gain: Reflecting on post-grant opposition timelines

Questionable practices leading to delays in post-grant oppositions: Novo Nordisk v UOI

Kerala HC directs DPIIT to consider representation for issue of Compulsory License for Breast Cancer Drug

Extension of the Deadline for the 3rd Shamnad Basheer Essay Competition