Patent agents are professionally licensed practitioners who have the license to practice before the patent office of the country. The patent agent has a lot of responsibility when it comes to preparation of the document and filing the same before the patent office and also advising with regards to patentability. When it comes to assisting inventors with completing and submitting all patent-application paperwork, paten...Read More

Compulsory licensing is the process whereby an authorization is given to the third party by the government to make, use or sell the particular product and even to use the process of the patent, without the consent of the patent owner. This process gives a free hand to the third party to exploit the patent as they want according to the use in that particular circumstance. This compulsory license found its genesis in ...Read More

The case of Ferid Allani vs. Assistant Controller of Patents discusses an important perspective with regards to the scope and applicability of Section 3(k) of the Patents Act. Section 3(k) denotes that the inventions which are mathematical or business methods or a computer program per se cannot be patented. The patent application...Read More

The IP was never an important part of any international agreement even after the enforcement of GATT. Even in various bilateral and multilateral treaty agreements, IP was never a subject for negotiations. The greater reliance on the contribution of technology and international trade moving at a faster pace have made IP, the central point of all the agreements, be it bilateral or multilateral after the 1970s and 80s. This era was greatly influenced...Read More

The latest case of Horizon Pharma vs. Dr. Reddy touches upon an important aspect of drafting the specification and indefiniteness in the US Patent Law. 35 U.S.C. § 112(b), which says that the specification shall conclude with one or more claims particularly pointing out and ...Read More

The latest case of Vectura vs. GlaxoSmithKline offers various insights on well-versed areas of patent law. This case touched upon aspects such as claim construction, infringement, and damages. Vectura Ltd. sued GlaxoSmithKline LLC and Glaxo Group Ltd. in the United States District Court for the District of Delaware, alleging that GSK infringed Vectura’s U.S. Patent No. 8,303,991 (9...Read More

Intellectual Property Appellate Board (IPAB) in its order, OA/53/2014/PT/CH dated December 21, 2020, says that there is no objection to file a divisional application from the applicant suo moto if it involves a plurality of inventions as enshrined in section 10(5) of the Patents Act, 1970 but a divisional application is not allowed for the mechanical sp...Read More

For the patent ideas are the assets. In the technological era, an invention stands out of others due to its unique idea. A patent does protect the intellectual property but it remains in a gloomy area while protecting it in different jurisdictions. Patent translation comes up for the rescue of an applicant who seeks protection in mul...Read More

After the completion of 30/31 months from the date of filing the local applications, the PCT application is eligible to enter the national or regional phase. Once the applicant has entered the national phase, the national or regional patent office's concerned begin the process of determining wheth...Read More

Paris convention treaty was one of the first Intellectual Property treaties in the world. It was signed in Paris, France on 20th March 1883. This Convention applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications, and...Read More

The PCT is an international treaty with more than 150 Contracting States. The PCT makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications. By the name “international” it should...Read More

The United States Patent & Trademark Office (USPTO) issued a memorandum dated January 06, 2021, to the Patent Trial and Appeal Board (PTAB) clarifying the standard for indefiniteness in post-grant proceedings under America Invents Act (AIA). The memorandum directed the PTAB to follow the same indefiniteness standard used in district courts in post-grant proceedings under the AIA. The Board must n...Read More

Patent Ever-greening has been largely used by the pharmaceutical industry for extending their patent protection. Industries generally use various legal and technological strategies to extend the term. Establishing or partnering with the generic establishment are some external strategies being used by the industries. But the majorly used strategy is the intentional minor modification of the old drugs thereby, obt...Read More

The denial of the market entry often concerns the access to essential and cheaper medicines and in a larger picture, the public health issue. The availability of generic drugs being subjected to any such preceding condition irrespective of any infringement does affect the larger issues of access to medicine. Patent linkage is perhaps one of the most debatable aspects of patent regulation around the world. Various %...Read More

The outbreak of Covid-19 has set the eyes of the world towards finding a suitable vaccine for the virus. Data Exclusivity is the period of non-reliance and non-disclosure that is provided to new chemical entities and pharmaceutical composition. There is a difference between what we understand as Data Protection and Data Exclusivity. Both cannot be used interchangeably. As the name suggests, data exclusivity is %...Read More