Claim Construction II

/ By / Patent

In the last post on claim construction, I had discussed a few preliminary principles; pursuant to requests from readers asking for concrete examples to explain the principles better, I did a bit of reading and thought it best to explain the application of the principles using judgments, instead of merely parroting a standard list of dos and donts on claim construction. I shall discuss a judgment which was delivered early this month in Exergen Corp. v. S.A.A.T Systems by the […]

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The Mashelkar Committee Report on Incremental Patents: A 3-D Perspective

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The Mint carried an editorial of mine on the revised Mashelkar Committee Report. As with other previous posts on this blog, this is an attempt to bust prevailing myths regarding the Committee report and its association with section 3(d). Encouraging Drug Innovation The Mashelkar committee report on drug patent law may have stirred controversy, but it sets the right tone Shamnad Basheer In a momentous decision for Indian patent law and pharmaceutical innovation policy, the government this month accepted the

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Breaking News: Supreme Court Dismisses Roche "Tarceva" Petition

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Earlier today, the Indian Supreme Court dismissed the special leave petition filed by Roche, challenging the order passed by the division bench of the Delhi High Court. However, the bench consisting of Justice Dalvir Bhandari and Justice MK Sharma (both formerly of the Delhi High Court) ordered that the ongoing trial at the Delhi High Court be expedited. They also stated that nothing in the Delhi Division bench order would bind the trial court judge, who is expected to decide

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SpicyIP Tidbits: coconut-picking and musician-forgetting

/ By / Innovation

Where have all the nariyals gone? The industries department of the Government of Kerala has announced a reward of Rs 10 lakh who can invent a coconut-picking machine. According to this report from the BBC, the reward is open to anyone in the world who can create a machine that reaches coconuts at 30 metres. Apparently, professional pickers are becoming a rare species, and coconut palms are bearing the burden. (Image from here) I second the search whole-heartedly, not least

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IP outsourcing threatens national interest?

/ By / Patent

The New Wave of Protectionism is here, in IP, too. Outsourcing in IP/law seems to be the latest target of the anti-outsourcing brigade in the US, going by a letter that is doing the rounds. Apparently authored by a Patent Agent at a US law firm, this letter argues that outsourcing in IP, which is “foolish and dangerous”, threatens “national interest”. With a subject line that refers to the “Blatent (sic) Disregard or Violation of U.S. Commerce and Trade Regulations

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CENTAD Conference on Compulsory Licensing and Access to Patented Knowledge

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One-Day Preliminary National Consultation on Access to Patented Knowledge Organized by: Centre for Trade and Development (Centad), New Delhi Topic: “Patents and Platform Technologies: Understanding Implications for Research and Development in Malaria and Tuberculosis” Date: 9th September 2009 (Wednesday) Venue: Magnoria Hall, India Habitat Centre, New Delhi The International Development Research Centre (IDRC), Canada, commissioned a study to Centre for Trade and Development (Centad) in the area of access to patented knowledge. Centad is among the six worldwide research based

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Mashelkar vs Correa: Is a Malaysian NGO Taking the Business Standard for a Ride?

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Pursuant to our earlier post calling for the dumping of a trashy editorial by the Business Standard, we’ve received an anonymous comment to our post as below: “Certain prominent peoples working in a malaysia baseda and Delhi based NGO is behind the wrongful interpretation of carlos correa report. the author of the report in the Business Standard is neither a lawyer who can interpret or a patent expert. there are few people working in a delhi based and malaysia based

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The Correa Controversy: Clarifying Popular "Mashelkar Myths"

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Pursuant to our last post highlighting the rather trashy editorial by the Business Standard, here is an email exchange I’ve had with a friend. I am posting this here, only because it appears that that there is still some confusion about the mandate of the Committee. And some very popular “Mashelkar Myths” continue to do the rounds. For our previous posts on this controversy, please see here, here and here. And for those of you who wish to read all

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The "Correa" Controversy: Dump Mashelkar or Dump the Business Standard?

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After the rather curious note in the Business Standard suggesting that Professor Correa is miffed over the apparent “mis-quote” of his statements by the Mashelkar Committee in their revised report, the Business Standard (BS) now carries a terribly misguided editorial. I’m not sure if this editorial was motivated by forces that wish to engage in a further character assassination of Dr Mashelkar and bring him down at any cost…however, what is obvious is that this editorial represents a real “low”

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