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January 9, 2021, 5:39 pm

The advent of information technology does help the world to get closer to each other. These mutual interconnections have invariably solved various contentious problems that would otherwise be difficult to address. The intellectual property regime is witnessing a constant increase in the pressure of disposing of various applications that have been filed at various domestic offices across the world. The development of Patent Prose...Read More

January 4, 2021, 6:12 pm

The exclusive rights that the Intellectual Property Rights provides to an inventor and a creator in consideration for the efforts being taken by them so that they could reap commercial benefits out of their work, substantiates the importance of IP. Giving due importance to the intellectual labor associated with the innovation is what makes the process of innovation a continuous cycle. These ...Read More

December 29, 2020, 3:34 pm

US Court of Appeals for the Federal Circuit, in the Valeant Pharmaceuticals v. Mylan pharmaceuticals, held that “acts of infringement” in Hatch-Waxman litigation occurs where actions related to the submission of an Abbreviated New Drug Application (“ANDA”) occur, not where the future distribution of a generic product specified in an ANDA is planned....Read More

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December 28, 2020, 5:55 pm

We all are very clear with the understanding and the importance of early filing date and priority date in the patent application. A patent is granted on the premise that the invention is non-obvious and constitutes inventive steps. These issues are very much interlinked with that of the filing date since an early filing date is acknowledged as prior art. The priority date of a patent relates to the earliest filing date ...Read More

December 7, 2020, 5:40 pm

A bilateral patent prosecution highway (PPH) pilot program has been implemented between the Indian patent office (IPO) and the Japan Patent Office (JPO) on December 05, 2019, for a period of three years. The guideline was framed by the patent offices and published on the website of Controller General of Patents, Designs & Trade Marks. As per the guideline, the number ...Read More

November 30, 2020, 5:55 pm

The fourth amendment of the Chinese Patent Law (CPL) has been approved by China's National People's Congress on October 17, 2020, which will take effect on June 01, 2021. After the 2008 amendments, China has approved the current amendments to the CPL. Below is a brief summary of the Top 5 Changes in the newly amended CPL....Read More

November 27, 2020, 9:57 am

The Department for Promotion of Industry and Internal Trade (DPIIT) notified the Patents (Amendment) Rules, 2020 dated October 19th, 2020. The Patent Amendment Rules, 2020 are effective from October 20th, 2020. The existing patent rules 21 and 131 (2) are revised in the present amendments and the revised rules modify the requirement of %...Read More

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November 27, 2020, 10:45 am

In view of the UK's exit (Brexit) from the European Union (EU), the transition period will finally end on December 31st,2020 and the UK becomes an independent territory of the EU since January 1st, 2021. The EU Trade Marks and Registered Community Designs have direct impacts due to the end of the transition period. However, the EU patents/patent applications do not have...Read More

November 10, 2020, 1:51 pm

Intellectual Property Appellate Board (IPAB) in its order, OA/63/2020/PT/DEL dated 27 October 2020, observed that filing of the declaration under Rule 4.17 (ii) of the PCT Regulations during PCT filing satisfies the legal requirement of filing ‘proof of right’ for PCT National phase patent applications in India and set aside the order dated January 30, 2020 ...Read More

September 30, 2020, 5:44 pm

Geographical Indication (GI) is an Intellectual Property Right like any other IPR which is described in Article 22 of TRIPS (Trade-Related Aspects of Intellectual Property) Agreement as “indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristics of the good is essentially attrib...Read More

September 28, 2020, 3:33 pm

The PCT patent application or International patent application generally has two phases, 1) International Phase and 2) National Phase. The PCT patent application has to be nationalized in specific countries before the expiration of the international phase. The ...Read More

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September 24, 2020, 9:40 am

The international (PCT) patent application plays the role of an international patent application for a certain period of time or until national phase entry in each of the national countries. The PCT patent application does not result in a grant of a patent, however, the applicant or inventor can prosecute the PCT patent application with the International search authority (ISA) and/or International Prelimin...Read More

September 15, 2020, 5:53 pm

The PCT patent application or the International patent application has an effect of a national patent application for a certain period of time. After that period, the PCT patent application is converted into national phase patent applications where patent protection is required. The PCT patent application can be amended under Article 19 and Article 34 of the Patent Cooperation Treaty (PCT)....Read More

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August 31, 2020, 6:48 pm

Australia Patent Office has amended some of the official fees for patent/patent applications to recover the costs from administering intellectual property (IP) rights and their associated legislation. The changes to the official fees will commence from October 1, 2020. A summary of the patent/patent application fee changes is discussed below. ...Read More

August 27, 2020, 5:51 pm

The U.S. Court of Appeals for the Federal Circuit (CAFC) latest decision, in IBSA Institut Biochimique, S.A. v. Teva Pharmaceuticals USA, Inc., affirmed a District Court's decision that the asserted claims relating to a pharmaceutical composition were invalid as indefinite under 35 U.S.C §112.BACKGROUND OF THE CASE...Read More

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