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Continue reading →: Patent granted for Prevnar13
Two pre-grant oppositions filed by Panacea Biotech and Medecins Sans Frontieres (MSF)have been dismissed and a patent has been granted in favour of Wyeth for Prevnar 13. Stay tuned for detailed analysis of the order!
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Continue reading →: No Copyright Protection For Work Registrable Under The Designs Act
In Holland Company LP & Anr. vs. S.P. Industries, order dated July 27, 2017, the Delhi High Court, held that no copyright protection is available for work that is registerable under the Designs Act. The plaintiff, Holland Company LP claimed to have a copyright over the industrial drawings of the…
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Continue reading →: PATENT APPLICATIONS INVOLVING BIOLOGICAL RESOURCES FILED IN INDIA
The National Biodiversity Authority grants permissions to patent Applicants using Indian Biological resource in their inventions for obtaining Intellectual Property Rights. There are several patent applications filed in this category and are pending before the Indian Patent Office. The National Biodiversity Authority has recently clarified that all such patent applications…
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Continue reading →: SC stays the order of the Delhi High Court declaring Section 24(5) of Plant Variety Act void
The Supreme Court (SC) of India has stayed the order of the Delhi High Court declaring Section 24(5) of the Protection of Plant Varieties and Farmers’ Rights Act, 2001 void. Stay tuned for a detailed post!
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Continue reading →: Applicants can correct inadvertent errors by fixing them in time
The Petitioner sought quashing of the “deemed to be withdrawn” status of the application No. 5272/DELNP/2008 under section 11B and sought restoration of the said application and for proceeding further with the same. The Petitioner also sought direction to the respondents to correct the clerical/typographical error in the number of…
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Continue reading →: A new era in India: Patent granted within 9 months of requesting examination
Indian Patent Office (IPO) has now started granting patents under expedited examination system (Rule 24C of the Patent Amendments Rule 2016) within 9 to 12 months. One such patent granted is IN2885091 for “A PROCESS FOR THE PREPARATION OF APIXABAN“. A request for expedited examination was filed on 24th October…
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Continue reading →: Method of hair removal- not a method of treatment
The IPO has allowed claims directed to method of removal of hair considering such method to be a cosmetic method resulting only in improvement of the appearance of the skin. The claimed method was considered as not resulting in treatment or enhancement of economic value of the subject as compared to the conventional…
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Continue reading →: Indian Patent Office Gives CRIs a New Lease of Life
New CRI Guidelines Introduced The patentability requirements and examination criteria for computer related inventions has been under scrutiny in major jurisdictions of the world. Considering the special nature of this ever evolving field there have been discussions and changes as well as interpretations of legislation on how best to protect…
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Continue reading →: Mid year IPO decision analysis
From January to June the IPO has disposed off 19 oppositions. Out of the 19 decisions, three are in relation to post grant oppositions and the remaining 16 are in respect of pre grant oppositions. Out of the 16 decisions rendered in pre-grant oppositions, in nine cases either the applicant…
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Continue reading →: Electronic Patent Certificate
The process relating to issuance of Patent certificates has been fully automated by the Indian Patent Office. As per the notification of the Patent office, from 3rd July 2017 the patent certificates will be generated through an automated system after the patent is granted by the Controller and shall be made…
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