Appropriate Office for Filing Divisional Applications?

In a crisp and well-written post, Suchita had blogged on Section 3(d). “Frequently Anon”, a regular reader of the blog, posted a comment lamenting on the practice, of certain entities, of filing divisional applications carved out from a parent application in a patent office different from the one in which the parent was filed. Simply put, if A files a parent application ‘X’ at the Chennai Patent Office, according to my reading of the comment, it seems like Frequently Anon […]

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Guest Post: EU Court rules in favour of Google

I’m pleased to present to our readers a guest post by Avni Chari, a bright 3rd year student of NALSAR, on the recent judgment of the European Court of Justice in the case of Luois Vutton v. Google. This judgment has wide reaching ramifications for the world of online advertising as also the Google way of life. Sai had previously introduced the judgment over here. EU COURT RULES IN FAVOUR OF GOOGLEAvni S. Chari In a case of French luxury

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Transparent Kurian Illumines Again

In a development that has significant ramifications for the improvement of transparency in the Indian patent process, PH Kurian, the Controller General resurrected an old order mandating that all correspondence between a patent applicant and the office (during the course of prosecution) be made available to the public. The order reads thus: “…after the publication of an application for a Patent u/s. ll(A), all the offices shall make available on the request of any person, the application on any form

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Leveraging Oppositions for a "Never Green" Patent System

A recent policy paper on section 3(d) by former government official and IP expert, TC James resurrects the issue of the grant of 81 alleged “ever-greened” pharmaceutical patents. This paper was highlighted in several media reports, including one by leading IP reporter, CH Unnikrishnan of Mint. James’ paper poses an effective counter to the piece commissioned by the US India Business Council (USIBC) that effectively advocated the deletion of section 3(d) and I would urge you to read it. The

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1st IJIEL International Student Essay Competition

Indian Journal of International Economic Law (IJIEL), a prestigious refeered journal of NLSIU proudly present the 1st IJIEL International Student Essay Competition with the objective of providing an impetus to academic writing by students on areas of contemporary interest in International Economic Law. Eligibility:The competition is open to all undergraduate students and above, except doctoral and PhD candidates.Participants must have crossed the age of 18 years as on January 1,2010 but should be below 30 years of age. Co-authored entries(

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BioPiracy in Africa: Take 2?

The Pelargonium Patent case and the ruling that we had blogged about here was hailed as a landmark decision against bio-piracy. It, however, seems to have done little to abate the enthusiasm of companies to set out applying for and sometimes even getting a patents for, what is considered, traditional knowledge of indigenous communities in Africa. Afro-IP, a leading blog on African IP issues, reports on two such controversial grants of patents on the Traditional Knowledge of Tanzania and Kenya,

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Reminder:Registration for INTA Annual Meeting

The International Trademark Association is a non-profit membership association. It consists of 5900 trademark owners, professionals and academics, from more than 190 countries. It is dedicated to the support and advancement of trademarks and related intellectual property. INTA’s 132nd Annual Meeting is the trademark community’s premier event in 2010 for networking, continuing legal education, and committee and client meetings. Skill building workshops, industry breakouts, interactive table topics and trademark law sessions focused on international and U.S topics are being organized.

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And for those of you who missed the bus

Here’s an exciting news!! The submission deadline for the 1st Franklin Pierce Law Center Intellectual Property Law Essay Competition has been extended to April 30, 2010. Further, for clarification it is notified that the word limit of 5000 words is inclusive of footnotes. Students who have already submitted their essays are permitted to resubmit their essays by the specified deadline (i.e., April 30, 2010). Spicy IP,web media partner for the event hopes for a deluge of entries.So hurry and put

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Guest Post: To be or not to be 3(d)

As promised, the Spicy IP readers are yet in the line for a treat in the form of the following exciting and insightful Guest Post from Suchita Saigal, a name familiar to any of the followers of this blog: SECTION 3(D) –AGAIN? In a recent article DNA reported that, several companies were filing patent applications for various forms of the same substance. The problem being that most of these forms did not satisfy the enhanced efficacy test laid down in

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OSDD successfully maps TB Genome

The government sponsored CSIR programme, the Open Source Drug Discovery (OSDD) (which we have written about previously here) on Sunday, announced that they had successfully completed the first ever mapping of the Mycobacterium Tuberculosis (MTB) genome. The MTB gene was sequenced more than a decade ago. However of the 4000 genes, only 1000 had been annotated before the start of this online project. Known as ‘Connect 2 Decode’ (C2D) and started in late 2008, the project was unique, in that

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