Biomedical engineering is a unique combination of medicine, biology and engineering or rather the application of engineering principles to medicine and biology.

On the 15th of July 2014, quietly and without much fanfare, the Bombay High Court passed judgment on the writ petition filed by Bayer Corporation in the celebrated compulsory license case between them and Natco...

The Indian patent system has the unique distinction of having an elaborate system in place to ensure that a patent is not wrongly granted for a “questionable” invention...

Section 17 of the Indian Patents Act provides for postdating of patent applications....

Many inventions, particularly those that relate to biological material include such material which is not available to the public...

Infringers of patents in India have several weapons available to them in their arsenal...

Galderma, a Swiss pharmaceutical company majoring in dermatological preparations...

On 28th February, 2014, the Indian Patent Office published and implemented a new set of rules which came into effect immediately. Under these rules, a new Applicant Entity referred to as a “Small Entity” has been created. There are now therefore three different Applicants and different sets of fees will apply to each of these Applicants.

Biotechnology may be defined as the combined use of science and technology to exploit biological processes.

The inventor is the principal actor in the patent prosecution drama. Section 7 of the Indian Patents Act prescribes that where the application is made by virtue of an assignment of the right to apply for a patent for an invention....

IPO bags the ISA tag

18 November 2013

An agreement between the World Intellectual Property Organization (WIPO) and the Indian Patent Office (IPO), hereinafter referred to as ‘the Agreement’, recently came into force, whereby the IPO commenced working as an International Searching Authority (ISA) and an International Preliminary Examination Authority (IPEA), under the Patent Co-operation Treaty (PCT). The IPO now joins ranks with the likes of the Australian Patent Office, the Canadian Patent Office, the European Patent Office (EPO), the State Intellectual Property Office of the People’s Republic of China (SIPO) and the United

The Ms. P. Sita Saga

24 October 2013

Inventive step is defined in Section 2(1)(ja) of the Indian Patents Act, 1970 (the Act) as ‘a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art’. The term ‘person skilled in the art,’ a vital ingredient of this section, has surfaced time and again in many judgments and has attracted extensive debate amongst legal practitioners and scholars alike, as to who the person skilled in the art actually should be. The Intellectual Property A

The manner in which information is shared with friends and colleagues has changed drastically since the outbreak of mobile technology. These days, almost every mobile user uses multiple mobile applications associated with social media services, social networking, social gaming and the like. The growing popularity of such mobile applications comes with important legal issues as this industry is highly prone to intellectual property rights (IPR) infringement.

The patent system was designed with a view to promote innovation, by granting exclusive monopoly rights to the patent holder for a limited period of time. These rights are granted not for using the invention, but for preventing others from using it without the patent owner’s consent. An erroneously granted patent, however, would prejudice the rights of the public to freely use that technology. Therefore, it is essential to provide a mechanism whereby only good quality patents are granted.

The Indian Patent Office has issued a set of guidelines for the examination of patent applications in the field of CRIs (Computer Related Inventions) so as to bring about uniformity and consistency in the examination of computer related inventions.

Inconsistency in the arguments put forth by patent applicants and their attorneys and the subsequent prejudice to their intellectual property (IP) portfolio, is not a new occurrence in the IP sector. A recent decision on a patent application of a pharmaceutical giant has led to the resurfacing of this unfortunate issue that has urged people, time and again, to practice by the maxim, ‘Don’t raise your voice, improve your argument’.

The Intellectual Property Appellate Board (IPAB) on 5th July 2013, dismissed Monsanto Technology’s appeal regarding the invention titled, ‘A method of producing a transgenic plant with increased heat tolerance, salt tolerance, or drug tolerance’ thereby upholding the Controller’s decision to refuse the patent application.

The Indian Patent Office issued a notification on June 12, 2013 regarding the release of the Draft Patent (Amendment) Rules, 2013 with a view to further amending the Patent Rules 2003. The primary aim, as is evident on the face of the draft, is to increase the fees associated with various procedures under the Patents Act, 1970.

Provisions for third party observations are well established in certain jurisdictions like the UK Intellectual Property Office and the European Patent Office (EPO). From September 2012, the America Invents Act also introduced provisions for third-party submissions on US patent applications. These provisions are based on similar concepts as the pre-grant oppositions in several countries like India, New Zealand, Australia, Peru etc., of assisting the patent office in determining the patentability of the invention before the grant of the patent and to increase the validity and quality of the gran

A patent is an instrument of commerce. The value of the patent depends upon its specification and therefore, it is extremely important that the specification should be drafted with accuracy and clarity. Writing a good specification involves a great deal of time, effort and money, but if the specification is poorly drafted, even more time, effort and money may be spent in defending the claims. Carefully drafted claims can secure a company’s financial future or spell a company’s ruin.

In 2002, the foreign filing license requirement was introduced in the Indian Patents Act of 1970. This requirement provided that any inventor who is a resident of India should file or cause to be filed a patent application for his/her own invention first in India; and only after a period of six weeks after the date of filing of the patent application, a filing could be done in a country outside India.

Along with every patent application filed at the Indian Patent Office, the applicant is required to give...

On the 1st of April 2013, the Indian Supreme Court pronounced its judgment in the Special Leave Petition preferred by Novartis to determine the true import of Section 3(d) of the Patents Act 1970 as a result of the rejection of the product claims by the Controller of Patents and the Intellectual Property Appellate Board (IPAB).

Sugen/Pfizer lost their patent rights relating to Sunitinib, a drug for treating renal cell carcinoma (RCC) and imatinib-resistant gastrointestinal stromal tumor (GIST) on account of weak and unplanned strategic Intellectual Property Management. They failed to understand the ground realities about the Patent System in India whichled to a complete letdown in forecasting the potential threats.Though the Assistant Controller accepted the novelty of the subject matter disclosed in IN209251, the patent was revoked on the grounds of lack ofinventive step based on the teachings of threeprior art pate

An analysis of the real issues involved in the controversial case of the Basmati Rice Patents from various perspectives: commercial, legal and general. Point-to-point explanation of widely held misconceptions arising from limited awareness.

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