SpicyIP

AUGUST 1, 2021

In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Flexibility in Procedure or Bending Over Backwards for Higher Patent Filing? The recommendations on making procedural norms of patent filing less stringent are noteworthy.

Reporting 136

Reporting Patent Law Patent Application Patent 136

SpicyIP

JULY 23, 2021

While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. Even outside of patents, the players in the pesticide industry have consistently been pushing for TRIPS+ protections such as extended data exclusivity (see here , here , and here ).

Patent 126

Patent Licensing Invention Government 126

SpicyIP

FEBRUARY 21, 2025

This case pertains to patent infringement concerning two process patents related to the fungicide Azoxystrobin. filed a suit against the defendant, GSP Crop Science Private Limited, alleging infringement of the following patents the Indian Patent No. vs. GSP Crop Science Private Limited (See here ).

Confidentiality 103

Confidentiality Litigation Intellectual Property IP 103

Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

False Advertising 115

False Advertising Advertising Advertising Patent 115

The IPKat

JANUARY 5, 2025

Additionally, the BoA considered whether the application to register the shape of this patented invention was made in bad faith. She provided an update on Crypto Open Patent Alliance (COPA) v Dr Craig Steven Wright , regarding Craig Wrights authorship battle over the Bitcoin White Paper. Both points were answered in the negative.

IP 64

IP Reporting Intellectual Property Copyright 64

SpicyIP

AUGUST 10, 2023

of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a period of one month with respect to the submission of national phase patent application) in the petitioner’s favour. The petitioner approached the High Court against the decision of the Controller of Patents. But he did not.

Patent 98

Patent Government Design Designs 98

Intepat

JULY 16, 2021

On February 9, 2021, the Ministry of Commerce and Industry (MCI) released a Notification regarding the Drafts Patent (Amendment) Rule 2021. The abovementioned regulations will take effect on the date of publication and seek to update the Patent Rules 2003.

Patent 98

Patent Government Patent Prosecution Marketing 98

SpicyIP

FEBRUARY 12, 2024

On January 3, the Madras High Court passed an important decision clarifying the position on the jurisdiction of a court in hearing writ petitions against the Indian Patent Office’s order. The Controller of Patents , we are pleased to bring to you this post by Vishno Sudheendra.

Business 110

Business Patent Patent Application Blogging 110

IP and Legal Filings

DECEMBER 22, 2021

Different countries have their own set of requirements for translations, and therefore if the translation is not done professionally, it could lead to misinterpretation of the scope of the claims, which may end up ruining the purpose of filing patents. With the Patent Translation, it’s more than just a Google Translation. Good or Bad?

Patent 98

Patent Contracts Patent Application Invention 98

JD Supra Law

OCTOBER 9, 2024

In March 2024, the Indian Ministry of Commerce and Industry published changes to its 2003 Patent Rules.

Patent 68

Patent IP Publishing 68

JD Supra Law

SEPTEMBER 21, 2023

The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has recently published a set of draft amendments (“Draft Rules”) to the Indian Patent Rules, 2003. The amendments are currently open for comments from the public. By: International Lawyers Network

Publishing 68

Publishing Patent 68

Kashishipr

DECEMBER 28, 2021

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

IP 105

IP Patent Invention Licensing 105

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2024

As a member of World Trade Organization (WTO), World Intellectual Property Organization (WIPO), Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Patent Cooperation Treaty (PCT), Thailand allows applicants to file patents and trademarks in multiple PCT member countries simultaneously, making it easier and expanding.

Intellectual Property 52

Intellectual Property Invention Registration Trademark 52

SpicyIP

JULY 25, 2023

Image from sketchplanations [Long Post ahead] Who wins in a conflict between the Competition Act and the Patents Act? Clearly, both the Competition Act and the Patents Act are special Acts, governing specific but intertwining subject matters. That’s been the central bone of contention in two big disputes for almost a decade now.

Patent 98

Patent Licensing Invention Marketing 98

The IPKat

SEPTEMBER 14, 2021

Key changes to the Designs Act 2003 (Cth) include a 12-month grace period to apply for a design, a prior user exemption, providing exclusive licensees with legal standing, and clarification of the ‘informed user’ standard. This measure is modelled on analogous provisions in the Patents Act 1990 (Cth).

Design 130

Design Designs Intellectual Property Social Media 130

Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

Patent 52

Patent Patent Application Government Designs 52

IP and Legal Filings

AUGUST 8, 2024

INTRODUCTION The Patent Act was enforced on 20 th April, 1972. It is a statutory right which was granted by the government of India and in return the inventor of the patent have to completely disclose their creation. While, the patent provides a strong security, it is essential to be aware of its geographical limitations.

Patent 97

Patent Invention Inventor Patent Application 97

Patently-O

AUGUST 30, 2021

The COVID vaccines do not genetically modify your DNA, but Juno’s patented CAR T-Cell therapy certainly does. The patent claims a nucleic acid polymer (DNA/RNA) that encodes for a particular “chimeric T cell receptor.” But, the patent does not actually disclose the DNA sequence of such a binding element.

Inventor 132

Inventor Invention Patent Patent Application 132

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. An agent was engaged thereafter to file a request for restoring the patent application.

Government 105

Government Trademark Patent Patent Application 105

SpicyIP

SEPTEMBER 15, 2023

Almost two years after the 2021 amendments to the Patent Rules 2003, the Ministry of Commerce and Industry has proposed a fresh set of amendments which, if accepted, can change the Indian Patent landscape substantially. from Jindal Global Law School, Sonipat.]

Patent 105

Patent Invention Patent Application Public Domain 105

Patently-O

FEBRUARY 10, 2022

Design Patent No. The appeal focuses on whether the design patent should be found invalid based upon Junker’s pre-filing sales. January 1999 : Eddings made a prototype of the product and provided it to Junker, the prototype included all the features found in the design patent. by Dennis Crouch. Larry Junker v. million.

Business 78

Business Patent Invention Design Patent 78

Intellectual Property Law Blog

JULY 31, 2023

Background The ’127 patent is directed to an invention that provides stable nucleic acid-lipid particles (“SNALP”) that have non-lamellar structure and “comprise a nucleic acid … methods of making SNALP, and methods of delivering and/or administering the SNALP.” ’127 127 patent, Abstract. 127 patent, col. 127 patent, col.

Art 130

Art Invention Patent 130

Patently-O

SEPTEMBER 7, 2021

Editor’s Note: Avery Welker is a 2L at Mizzou and likely a future patent attorney. This appeal arose from a summary judgment grant to Pandrol [4] (Plaintiffs-Appellees) over Airboss [5] (Defendants-Appellants), declaring that Airboss failed to show clear and convincing evidence of patent invalidity. [6]. The patent at issue, U.S.

Law 78

Law Inventor Intellectual Property Reporting 78

Biswajit Sarkar Copyright Blog

SEPTEMBER 27, 2023

August 22, 2023, the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, proposed the Patents (Amendment) Rules, 2023. This set of amendments if accepted has the potential of altering the entire patent ecosystem of the nation.

Patent 52

Patent Invention Patent Application Design 52

SpicyIP

NOVEMBER 1, 2022

Image with text reading “Keep Calm and Expect Delays” Last week, the Delhi High Court pronounced a decision rebuking a patent applicant for causing unnecessary delays in the patent application process by seeking repeated adjournments and not filing written submissions on time. In the case of FMC Corporation v.

Patent Application 85

Patent Application Patent Technology Invention 85

SpicyIP

DECEMBER 27, 2021

The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The Drug and the patent. The EO patent bears the number IN 233161 (IN 161). Background

Patent 105

Patent Art Patent Prosecution Litigation 105

Greenspoon Marder LLP

MARCH 31, 2013

million in damages to Tomita Technologies for patent infringement. After leaving the company, he applied for the patent in issue in March of 2003, and the patent was issued in 2008 licensed to Tomita Technologies. A Manhattan jury earlier this month ordered Nintendo to pay $30.2 In 2012, U.S.

Patent Infringement 52

Patent Infringement Patent Technology Licensing 52

Intellectual Property Law Blog

DECEMBER 21, 2023

21, 2023) , the case addresses the Patent Trial and Appeal Board’s (“PTAB’s”) authority to issue a Final Written Decision in a post grant review (“PGR”) after the prescribed statutory deadline. 9,693,961 (“the ‘961 patent”). In March 2018, Collegium petitioned the PTAB for PGR of claims 1-17 of the ‘961 patent.

Litigation 147

Litigation Patent Art Designs 147

SpicyIP

DECEMBER 14, 2022

With the enactment of the TRA, the jurisdiction in respect of appeals and revocation petitions under the Patents Act was transferred back to High Courts. The Controller of Patents and Dr. Reddy’s Laboratories Limited & Anr v. The Controller of Patents concerned an appeal under Section 117A. .

Patent Application 127

Patent Application Patent Intellectual Property Design 127

Olartemoure Blog

JULY 28, 2022

07/28/22 – Patents. The Andean Community has come up with a new Patent Examination Manual for IP offices throughout the community, updating the current Patent Manual published back in 2003.

Intellectual Property 105

Intellectual Property Privacy Advertising Advertising 105

The IPKat

AUGUST 16, 2021

Over to Konstantin for the story and his take on the developments: "Some may associate businesses whose primary aim is to assert patents in litigation to obtain license revenue with the Eastern District of Texas or the Unwired Planet decision in the UK, and not think about cases further afield from Marshall, Texas or London.

Patent Troll 86

Patent Troll Marketing Marketing Patent 86

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. Before the 2021 amendment, such use was allowed only for reasons of public defense and security.

IP 133

IP Branding Branding Brands 133

IP and Legal Filings

MARCH 27, 2024

ABSTRACT The legal dispute between Bajaj and TVS Motors centers around the alleged unauthorized use of the DTSi patent. Introduction The main emphasis of the case pertains to accusations of patent infringement made by the defendant, as well as the subsequent pursuit of damages. They accused the defendants (T.V.S. Motor Company Ltd.)

Invention 94

Invention Patent Patent Infringement Technology 94

SpicyIP

NOVEMBER 9, 2023

Interestingly, the first patent for Sirturo was filed on 18/07/2003 ( PCT/EP2003/050322 ), meaning it is (more than) 20 years since their first filing. And earlier this year, the Indian patent office rejected their attempt to file a secondary patent on the drug. Anyhow, we’ll come back to this in a bit.

Patent 69

Patent Reporting Government Ownership 69

Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Design Patent Infringement vs. Trademark Infringement The standards for proving design patent infringement and trademark infringement differ significantly regarding the relevance of consumer confusion about product source.

Design Patent 72

Design Patent Patent Infringement Design Designs 72

JD Supra Law

MARCH 13, 2023

2003) (ruling that cease-and-desist letter sent by patentee into forum did not create personal jurisdiction for noninfringement declaratory judgment count). See e.g., Silent Drive, Inc. Strong Industries, Inc., 3d 1194, 1202 (Fed. By: BakerHostetler

Cease and Desist 52

Cease and Desist Patent 52

SpicyIP

JULY 4, 2024

The Conundrum In an interesting order, the Madras High Court, in the case of Dr. Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application!

Art 105

Art Publishing Patent Application Invention 105