Category: News & Updates

Indian Patent office rejects Patent claim over Abraxane

19th July, 2014 - 12:31 pm Categories: India IPAB News & Updates Patents

In a major setback, the Indian Patent Office denied a patent to an anti cancer drug Abraxane manufactured by US-Based Abraxis BioSciences. Here we will discuss the decision given by IPO at the back drop of the arguments advanced by the respective parties. Background In a brief, Patent application no. 2899/DELNP/2005 filed by Abraxis Biosciences … Continue reading Indian Patent office rejects Patent claim over Abraxane

Read more »

Tesla Motors Decide to Open Source their Patents

19th July, 2014 - 11:44 am Categories: News & Updates Patents

On June 12th 2014, Elon Musk, CEO and Chief Product Architect of electric car company Tesla Motors announced that Tesla Motors will let other companies use its inventions under an open source inspired agenda at the company. This is how Elon Musk put it in his blog post- “Tesla will not initiate patent lawsuits against … Continue reading Tesla Motors Decide to Open Source their Patents

Read more »

ODISHA COURT ADMITTED CASE AGAINST AAMIR KHAN PRODUCTION’S PROPOSED ‘SATYAMEV JAYATE’ USE AS TRADE MARK

10th July, 2014 - 11:16 am Categories: India IP Litigation IP Practice in India News & Updates Trademark Trademark Litigation

As per the sources, the court in the Odisha capital, Bhuvaneshwar has admitted a petition challenging Aamir Khan Production’s plans to use ‘Satyamev Jayate’, the national motto of India, as a business brand under which it is proposed to sell everything from kitchen utensils to footwear. A city based journalist and social activist, Dr. Subash … Continue reading ODISHA COURT ADMITTED CASE AGAINST AAMIR KHAN PRODUCTION’S PROPOSED ‘SATYAMEV JAYATE’ USE AS TRADE MARK

Read more »

Patent Trolling and Fee-Shifting

27th May, 2014 - 10:06 am Categories: News & Updates Patent Litigation Patents

Manish Kumar, intern at Khurana and Khurana, Advocates and IP Attorneys, looks at ‘fee-shifting’ paradigm in US Patent Act in light of US Supreme Court recent judgments. The US Supreme Court, in its two recent judgments, has re-instituted its pre-2005 stand where the Courts had discretion of awarding reasonable attorney fees to the prevailing party … Continue reading Patent Trolling and Fee-Shifting

Read more »

Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

22nd May, 2014 - 10:34 am Categories: India IP Litigation News & Updates Patent Litigation Patents Pharma/Biotech Patent Litigations

Introduction A lot has been discussed on the Novartis ruling indicating much higher standards of patentability under Indian law under section 3d. The ruling decided that any new form of known compound (in medicine) would be patentable only if there is enhanced ‘therapeutic efficacy’ over the known compound. Post Novartis ruling, a couple of patent … Continue reading Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

Read more »

M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel , Section(64) patent act, 1970

22nd May, 2014 - 8:13 am Categories: India IP Litigation IP Practice in India IPAB IPAB Decisions News & Updates Patents

Takshasheel Bouddha, an intern at Khurana and Khurana Advocates and IP Attorneys, analyses the case, M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel &The Controllers of Patents & Designs. This judgment is with respect to Section 64 of Patent Act, 1970. Introduction: The dispute was regarding of two patents i.e. Patent No.189027 and Patent … Continue reading M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel , Section(64) patent act, 1970

Read more »

3D Trade Marks

21st May, 2014 - 9:26 am Categories: News & Updates Trademark

In recent years, trade mark registries and courts have grappled with applications for silhouettes, shapes, scents, textures, short cartoons, single colors, body movement’s etc as trademarks. This invasion of the unconventional is due to the abstract nature of the legal definition of a trademark. On one hand the trade mark law has embraced an open- … Continue reading 3D Trade Marks

Read more »

Relief for Pfizer as IPAB stays Revocation on Drug Tolterodine

19th April, 2014 - 11:28 am Categories: IP Litigation IP Practice in India IPAB Decisions News & Updates Patent Litigation Patents

In a positive development for US drug giant Pfizer, the country’s Intellectual Property Appellate Board (IPAB) has issued an interim stay on an order stated by the Indian Patent Office removing a patent of Pfizer, for its extended release drug Tolterodine (Detrol), which is used for treating old age patients who suffer from frequent urination. … Continue reading Relief for Pfizer as IPAB stays Revocation on Drug Tolterodine

Read more »

Examination Guidelines for Pharmaceuticals Patents

17th April, 2014 - 11:59 am Categories: IP Practice in India News & Updates Patents

There has been limited judicial consideration of how patent law applies to pharmaceutical inventions in India. Little specific guidance is available to patent examiners in assessing whether a particular pharmaceutical invention satisfies the requirements for patentability. The absence of judicial guidance in this area is problematic. Indian Patent Office has published the Draft Guidelines on … Continue reading Examination Guidelines for Pharmaceuticals Patents

Read more »

Clarification on Small Entity Status of Patent Applicants in India

18th March, 2014 - 1:18 pm Categories: IP Practice in India IPAB Decisions News & Updates Patents

I really wonder if the Indian Patent Act was already less troublesome that we needed a new set of rules, substantially increased fees, and more importantly introduction of the Small Entity Status of Applicants, which creates even more confusion on retrospectively payable fees, implications of change in status during prosecution, timeline for submission of Form … Continue reading Clarification on Small Entity Status of Patent Applicants in India

Read more »

Categories

Archives