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EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and Transparency in the Indian Patent System

SpicyIP

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. And further restricting policy levers such as compulsory licensing. Article 13.2

Patent 72
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Draft Patent Amendment Rules: Big Impact but Limited Commentary 

SpicyIP

The rules, if passed, are surely a strong attempt towards fighting the long-standing issue of pendency in the Indian Patent Office, but concurrently it can also led to dilution of material safeguards within the Patent Act, which are in place to ensure that applicants/ patentees stick to their end of the patent bargain.

Patent 98
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Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

SpicyIP

Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent. From a policy perspective, pre-grant oppositions are excellent policy.

Patent 52
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Principals Moritz Ammelburg and Peter Fasse Author Managing IP Article “Coordinating Patent Prosecution in the U.S. and Europe”

Fish & Richardson Trademark & Copyright Thoughts

When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. One joint inventor cannot stop another from independently selling, conveying, assigning, or licensing the patent. Use consistent terminology in the claims and specification.

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Journey Through “Decembers” on SpicyIP (2005 – Present)

SpicyIP

Check Sadhvi Sood’s post discussing Nestle’s patent application for Fennel Flower (Kala Jeera) vis-a-vis TK. Relevant here is also Kruttika’s post discussing KEI’s study on how companies can use voluntary licenses for non-competitive practices within the legal framework, underscoring the importance of Indian competition laws.

IP 64