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    Awakening: IPAB Streamlines Opposition Procedure in India

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    January 22, 2021

    By Archana Shanker Three orders, one after another in a span of 4 months, speak volumes. Valuable rights of creators and the country’s image cannot be held to ransom by a handful of miscreants.  The message is loud and clear from Hon’ble Justice Manmohan Singh and Hon’ble Sir Mr. B.P.…

    Continue reading →: Awakening: IPAB Streamlines Opposition Procedure in India
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    IPAB Streamlines the Proof of Right Requirement for National Phase Patent Applications in India

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    January 22, 2021

    By Archana Shanker The issue of notice of entitlement/ proof of right to file an application for patent has extensively been dealt with by the Hon’ble IPAB in their order dated 17th October 2020 in OA/63/2020/PT/DEL.  This decision comes at the right time and resolves many inconsistencies and streamlines procedure…

    Continue reading →: IPAB Streamlines the Proof of Right Requirement for National Phase Patent Applications in India
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    Taisho’s Luseogliflozin Granted Patent in India – Four Pre-Grant Oppositions Against Patent Application Dismissed

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    November 20, 2020

    By Devinder Singh Rawat Indian patent application number 6000/DELNP/2007 claiming the compound Luseogliflozin, was opposed in a series of four pre-grant oppositions. The Controller of Patents has granted a patent on said application and has dismissed the four pre-grant oppositions vide order dated 19th November 2020. The application was opposed…

    Continue reading →: Taisho’s Luseogliflozin Granted Patent in India – Four Pre-Grant Oppositions Against Patent Application Dismissed
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    Indian Patent Office Publishes 2nd Amendment Rules, 2020

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    November 10, 2020

    The Indian Patent Office has published the Patents (2nd Amendment) Rules, 2020 recently. Under this amendment the fees for small entities has been reduced and is now equivalent to the fees for natural persons and startups.

    Continue reading →: Indian Patent Office Publishes 2nd Amendment Rules, 2020
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    Pre-Grant Opposition Filed After IPAB Admits an Appeal Challenging Refusal of a Patent Application Held Not Maintainable

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    November 9, 2020

    The Bombay High Court recently dismissed a writ petition challenging the order of the IPAB turning down the Petitioner’s pre-grant opposition filed after acceptance of an appeal against order of the Controller refusing a patent application. Brief Facts The Respondent, Pfizer Products Inc., filed an application entitled ‘Chiral Salt Solution’…

    Continue reading →: Pre-Grant Opposition Filed After IPAB Admits an Appeal Challenging Refusal of a Patent Application Held Not Maintainable
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    Central government publishes The Patents (Amendment) Rules, 2020.

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    October 21, 2020

    In exercise of the powers conferred by section 159 of the Patents Act, 1970, the Central Government has further revised the Patents Rules, 2003 and these rules would be called the Patents (Amendment) Rules, 2020. The Rules have been amended particularly with regard to the requirements relating to working statements/…

    Continue reading →: Central government publishes The Patents (Amendment) Rules, 2020.
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    Denial of a Fair Opportunity of Being Heard Results in Remand of the Application back to the Patent Office

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    October 17, 2020

    In a recent decision, the Hon’ble IPAB allowed an appeal and the matter has been remanded back to the Patent Office for reconsideration by a new controller. The applicant argued that a fair opportunity of being heard was denied to them. It was argued that two new documents were cited…

    Continue reading →: Denial of a Fair Opportunity of Being Heard Results in Remand of the Application back to the Patent Office
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    Amendment supported by the description allowable under section 57 read with 59

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    October 15, 2020

    The hon’ble IPAB has recently allowed an appeal and granted a patent to Prism Cement Ltd. The order throws some light on what may be considered allowable as an amendment under section 57 read with 59. The appeal was against a decision of the controller, where the controller did not allow…

    Continue reading →: Amendment supported by the description allowable under section 57 read with 59
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    Draft Rules Governing Patent Suits, 2020 publiched by DHC

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    October 10, 2020

    The High Court of Delhi i(DHC) s in the process of framing Rules under Section 158 of the Patents Act. A draft of the proposed “The High Court of Delhi Rules Governing Patent Suits, 2020” has been published for comments/suggestions of the members of the Bar. The comments can be…

    Continue reading →: Draft Rules Governing Patent Suits, 2020 publiched by DHC
  • Appeal, Indian Patent Office, Indian Patents Act, IPAB, IPR, Life Sciences, Pharmaceuticals

    The order revoking Pharmacyclics LLC’s patent covering IBRUTINIB, set aside by the IPAB

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    October 1, 2020

    The hon’ble IPAB has allowed an appeal filed by the appellant, Pharmacyclics LLC, against the Order dated 04/03/2020 issued under Section 25(2) revoking Indian Patent no. IN 262968. The patent covers, amongst other compounds, a compound having an International Non-Proprietary Name (INN), IBRUTINIB, which is an active pharmaceutical ingredient (API) of…

    Continue reading →: The order revoking Pharmacyclics LLC’s patent covering IBRUTINIB, set aside by the IPAB
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Welcome to Patents Rewind, Anand and Anand’s Patents and Designs blog that offers you an Indian perspective on issues surrounding patent and design eligibility and enforcement through latest case law and developments in the Indian patents and designs landscape.

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  • No Mechanical Notices for Pre-Grant Opposition: Madras High Court Emphasises Application of Mind Under Rule 55(3)

  • Delhi High Court Holds Section 25(1) Pre-Grant Opposition Hearing Cannot Substitute Statutory Hearing Under Section 14

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