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Continue reading →: Patent (Amendment) Rules, 2019 Published by Ministry of Commerce and industry
The Ministry of Commerce and industry, Department of Promotion of Industry and Internal trade has published the Patent (Amendment) Rules, 2019 which have come into force from 17th September 2019. The main amendments to the Rules are as follows: – Rule 6, Sub rule (1A) has been revised and as…
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Continue reading →: Government proposes to reduce fees for IPRs for MSMEs, startups
The government has proposed to reduce fees for various intellectual property rights (IPRs) like patents, designs and Geographical indications for micro, small and medium enterprises and (MSMEs) start-up’s to promote innovation. Patent application filing cost is proposed to be reduced by 60% form 4000/4400 to 1600/1750. A 60% reduction is…
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Continue reading →: Patent IN276026 for Ceritinib revoked by the Patent Office
The Deputy Controller of Patents, Dr. Kavita Taunk vide an order dated 16th August 2019 has revoked patent numbered IN276026 granted to Novartis. IN276026 was granted to Novartis AG on their Application No. 3951/DELNP/2009. Natco Pharma Limited filed notice of opposition. On completion of pleadings and on receiving the recommendation of…
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Continue reading →: DHC vacates injunction in favour of AstraZeneca for Ticagrelor
The Delhi High Court (DHC) has vacated an interim injunction granted in favor of AstraZeneca for their drug Ticagrelor as the court held that the Patents covering the drug are prima facie in-valid. Brief facts of the case and summary of the decision is provided below: BRIEF FACTS Three suits were…
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Continue reading →: A MILEPOST DECISION: DHC validates DNA testing for contesting ones right on a plant variety
Justice Vibhu Bakhru of Delhi High Court (DHC) on July 1, 2019 has passed a milepost decision in a writ petition filed under the Protection of Plant Varieties and Farmers’ Rights Act, 2001. The decision at the first level has corrected the flaws in the procedures being adopted for granting…
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Continue reading →: Annual Report of CGPDTM published
Annual Report of the Office of the Controller General of Patents, Designs, Trade Marks and Geographical Indications (CGPDTM) has been published. According to Annual Report 2017-2018, filing of applications for protection of various Intellectual Property rights in IP offices under the administrative control of Controller General of Patents, Designs and…
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Continue reading →: IPAB to take up urgent Patent, Trademark matters
The Delhi High Court has directed the Intellectual Property Appellate Board (IPAB) to take up urgent Patent and trademark matters. The Court also held that also held that the Chairman, IPAB and the Technical Member (Plant Varieties Protection) can hear the urgent matters relating to the Patents, Trade Marks and…
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Continue reading →: Court not to issue administrative directions when a quasi-judicial authority is seized with a proceeding
A writ petition filed by Panacea Biotech Limited for reconstitution of the Opposition Board in a Post grant proceeding was rejected by the Hon’ble Bombay High Court as the Court held that as the Post grant is still pending before the Patent Office, it would refrain from issuing any directions,…
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Continue reading →: Interim arrangement necessary in infringement cases
In a suit for patent infringement the Delhi High Court restrained the Defendants (ZTT India Pvt. Ltd. ) from infringing Patent numbers 241433 and/or 280211 relating to optical fibres till the next date of hearing. The suit for infringement was filed by Sterlite technologies Pvt. Ltd. against ZTT India Pvt.…
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Continue reading →: Draft Patent Rules by the Ministry of Commerce and Industry for comments from stakeholders
The Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) has published Draft Patents Rules 2019 to further amend the Patents Rules, 2003. The rules with regard to filing of English translation of priority document (Rule 21) and timeline for filing of Form-27 (working statement under Rule…
