There has been limited judicial consideration of how patent law applies to pharmaceutical inventions in India. Little specific guidance is available to patent examiners in assessing whether a particular pharmaceutical invention satisfies the requirements for patentability. The absence of judicial…
I really wonder if the Indian Patent Act was already less troublesome that we needed a new set of rules, substantially increased fees, and more importantly introduction of the Small Entity Status of Applicants, which creates even more confusion on…
Trastuzumab/Herceptin has been amidst several controversies off lately and this time it is regarding a biosimilar which has jointly been manufactured by Biocon and Mylan. Background Roche’s breast cancer drug Herceptin sold under the brand names HERCEPTIN, HERCLONTM and BICELTIS…
Venus Remedies Ltd. has successfully out-licensed its new generation antibiotic drug Potentox to Adcock Ingram Ltd. in South Africa earlier this year. Potentox is a Fixed-Dose Combination (FDC) of Cefepime Hydrochloride & Amikacin Sulphate developed by Venus Remedies Ltd., indicated…
Khurana & Khurana, Advocates and IP Attorneys (K&K) along with its sister concern, an IP Consulting Firm IIPRD announce that they are opening up a second branch office in Bangalore w.e.f 29th July 2013, in wake of the rising client…
Monsanto’s Indian patent application 2407/DEL/NP/2006 on transgenic plants with heat/salt/drought tolerant plants is rejected by IPAB. The subject patent application is directed to a method of producing a draught/stress/heat/salt/drug-tolerant transgenic plants by inserting a recombinant DNA molecule that expresses a…
Indian Patent Office (IPO) makes available a dynamic grid shown below: IPO will make the month and year for the Request for Examination (RFE) filed that are currently being examined and the First Examination Report (FER) being issued, for each…
Indian Patent Office (IPO) has recently published Draft Patents (Amendment) Rules 2013 and has invited comments (objections or suggestions) from the public within 45 days from the publication of the notification (12th June 2013). The main changes proposed are the…
Assume for instance that a farmer buys, say, a mix of “soya seeds” from a local grain elevator, and sow them. Later, it turns out that, the undifferentiated mix of seeds also contained “Patented Genetically Engineered (GE) seeds”. Will it…
On 19 March 2013, in a closely divided 6-3 judgment in Kirtsaeng v. John Wiley, the U.S. Supreme Court held that copyright law could not be used to prevent parallel importation into the USA for works that are made outside…