In Ferid Allani vs. Union of India (W.P. (C) No. 7 of 2014), the Hon’ble Delhi High Court (DHC) has disposed of the Writ Petition, setting aside the impugned order of the Hon’ble IPAB (Intellectual Property Appellate Board) and remanding  back the case to the patent office for reconsideration. A…

While disposing off a writ petition filed by Pharmacyclics LLC, Justice Pratibha Singh discouraged late filing of documents, evidences during post grant opposition proceedings, and also issued guidelines for such proceedings. The factual details of the case are as follows: – Patentee Pharmacyclics LLC was granted Indian Patent No.262968. The…

Guidelines for filing PPH (Patent Prosecution Highway) request under the PPH pilot program between IPO (Indian Patent Office) and JPO (Japan Patent Office) have been published. Union Cabinet chaired by the Prime Minister Shri Narendra Modi had approved  in Novemebr 2019 the proposal for adoption of Patent Prosecution Highway (PPH)…

In supersession of earlier Manual of Patent Office Practice and Procedure published on 22 day of March 2011, a new Manual of Patent Office Practice and Procedure is being published on 26 day of November, 2019. As per the public notice issued by the Controller general of Patents, the new Manual has…

The Intellectual Property Appellate Board has issued a notification informing all advocates that all hearings of Trademark, Copyrights and Patent matters listed till 31/12/2019 are cancelled due to administrative reasons.

Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the proposal for adoption of Patent Prosecution Highway (PPH) programme by the Indian Patent Office (IPO) with patent offices of various other interest countries or regions. The PPH programme will initially commence between Japan Patent Office (JPO) and…

A divisional application (1146/KOLNP/2007) of Merck for a process for producing tiacumicins B was rejected as being not-maintainable by the Indian Patent Office (IPO). Said decision has now been reversed and a Patent granted. The divisional application (1146/KOLNP/2007) claimed a process for producing tiacumicins comprising: culturing a microorganism in a nutrient…

In a well-reasoned order, the Indian Patent Office dismissed two pre-grant oppositions filed by Indian Pharmaceutical Alliance (first opponent) and Pankaj Kumar Singh (second opponent), against ImmunoGen Inc.’s Indian Patent Application no. 885/CHENP/2008. The application was opposed on the grounds of lack of novelty, lack of inventive step, lack of…

In a writ petition filed by Novartis, Justice Pratibha Sing has asked for an update on pendency before the Intellectual Property Appellate Board (IPAB). Novartis filed a Writ before the Delhi High Court (DHC) as its Appeal against the order of the Patent office dated 16th August 2019, by which the patent…

The draft rules to further amend the Patents Rules, 2003 have been published. Objections or suggestions, if any, have to be addressed to Ms Pooja Swaroop, Deputy Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India, Udyog Bhawan, New Delhi-110011 or by…