The Madras High Court dismissed a writ challenging an Intellectual Properties Appellate Board (IPAB) order No. 262/2013 in respect of revocation proceedings ORA/29/2011/PT/MUM, for the Patent No.224100. The impugned patent was granted to Kibow Biotech Inc., based on a PCT application filed claiming priority from US Patent Application No.10.672,622 filed…

A patent application of F. Hoffmann-La Roche AG, for “POWDER FORMULATION FOR VALAGANCICLOVIR” has been refused by the Indian Patent office (IPO). The invention, as disclosed by the applicant aimed to improve the stability profile and the manufacturability of the powder dosage form and the formulation procedure was changed from a dry mix…

A Writ petition filed by Maharashtra Hybrid Seed Co Pvt. Ltd. (hereafter ‘Petitioner’) has been allowed by the Delhi High Court and it has been clarified that Rule 39 of the Protection of Plant Varieties and Farmers’ Rights Rules, 2003 (hereafter ‘the said Rules’) is a special rule relating to…

In a historic win, the Supreme Court of India (SC) has today set aside the order the Division Bench of the Delhi High Court (DHC) that revoked Monsanto’s Indian Patent No. 214436 relating to BT technology.  A suit for infringement and passing off was filed by Monsanto Technology LLC, Monsanto…

The Ministry of Commerce and industry had published draft Patent Rules to further amend the Patent Rules, 2003 for comments from stakeholders. Anand and Anand has provided its comments to the same. The comments can be accessed here- comment.

The three-judge bench verdict in Mohan Lal v. Sona Paint, overruled by Five-judge bench of the Delhi High Court in Carlsberg Breweries A/S. V. Som Distilleries and Breweries Ltd. The High Court held that two causes of action – one for relief in respect of passing off, and another in…