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Revocation petition maintainable though no live patent subsisting: Macleods Pharmaceuticals Ltd v. Boehringer Ingelheim Pharma
Macleods Pharmaceuticals Ltd., the petitioner, is engaged in manufacturing and marketing diverse pharmaceutical products, including anti-diabetic drugs. The respondent, Boehringer Ingelheim Pharma GmbH & Co. KG, is a company organized under the laws of Germany and...
Delhi High Court reaffirm a ‘method of treatment of plants’ would not fall under the purview of ‘method of agriculture’
In the appeal of Syngenta Crop Protection Ag v. Assistant Controller Of Patents before the Delhi High Court, the refusal order passed by the Ld. Controller of Patents on Application No. 202117035647 titled “Methods of Controlling or Preventing Infestation of Rice...
Nike leads way in footwear patent filings as manufacturers compete in ‘running shoe arms race’
Shoe manufacturers in a race to develop more advanced technologies such as carbon plates and nitrogen bubbles – patent and trademark litigation has followed New entrants like Li-Ning, Xtep, Hoka, and On are competing to supply elite runners. Nike is leading the way...
The BASF judgment: how timing uncertainty impacts divisional patent applications in India
Patent applicants in India often face a practical question: what is the last possible opportunity to file a divisional patent application? While the Indian Patents Act (1970) specifies this can be done “any time before the grant of the parent patent application,”...
Realistic costs ought to be awarded considering ever-increasing litigation expenses
Background The plaintiffs, AstraZeneca, filed a suit (CS (Comm.) 101/2022) at the Delhi High Court seeking a permanent injunction to restrain the defendant, Westcoast Pharmaceutical Works Limited, from infringing their patent IN 297581. The patent was for the novel...
Exercising judicious use: AI tools for legal professionals
In recent years, the advancement of artificial intelligence (AI) tools has brought about significant changes in how various industries engage with technology. From sophisticated machine learning algorithms to natural language processing and computer vision systems, AI...
The importance of Bayh-Dole Act compliance for patent holders
In the realms of technology and innovation, patents offer the lifeblood that propels forward progress. Patent holders are granted an exclusive right to their invention, providing them with a distinct market advantage. However, when these inventions are borne out of...
China enacts world’s first legislation regulating generative artificial intelligence
In recent years, Artificial Intelligence Generated Content (hereinafter referred to as AIGC), represented by ChatGPT, has gained great development and attention worldwide. On the one hand, due to its powerful knowledge and content generation capabilities, the industry...
The UK joins the comprehensive and progressive agreement for trans-pacific partnership
In the latest free trade agreement expansion news, the UK has formally signed the treaty to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The CPTPP is a wide-reaching free trade agreement that currently includes Australia,...
UK Government publishes transformation consultation response
The UK government has published its response to the transformation consultation which ran in late 2022 and ended on 6 January this year. The government sought views on a number of changes related to the Intellectual Property Office’s (IPO) new digital services, and...
Why abuse in the EU SPC Waiver Regulation needs to be eliminated
At first glance, the patent system may seem like a peculiar exception within the context of a free-market economy. After all, patents confer monopolistic rights — something that is usually anathema in free-market ideology. Yet patents represent a rational tradeoff to...
Clarivate releases Innovators to Watch 2023 Report
Identifies 36 companies and organizations on the cusp of Top 100 Global Innovators status London, U.K., July 25, 2023 – Clarivate Plc (NYSE: CLVT), a global leader in connecting people and organizations to intelligence they can trust to transform their world, today...
Green Channel successfully accelerates green UK innovation but more can be done to enhance its attractiveness
LONDON – International IP firm Mewburn Ellis has released a mini-report that examines the trends in the operation and use of the UK IPO’s Green Channel program. The UK’s IPO Green Channel allows patent applicants to accelerate the processing of patent applications...
OPPO directed to pay “Pro-tem security deposit” for Nokia’s Standard Essential Patents
In a case concerning Standard Essential Patents (SEP), the Court has the power to pass a pro-tem order without an exhaustive exploration of the quantum of royalty payments. If the negotiations between the parties fail, it does not mean that an implementer can continue...
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