Patents

Let them eat cake? Did the Controller of Patents turn a blind eye to the poor in the recent refusal of Compulsory License?

It was before the French Revolution that when the peasants went to their queen, Marie Antoinette to spill their grievances that she said “if the people didn't have bread let them eat cake”. This analogy has been used whenever any authority has waived the grievances of the poor stating that they had…


Indian Patent Office rejects compulsory license application for AstraZeneca’s Saxagliptin

Patents are generally granted to encourage inventions and to protect the rights of the inventor. However, the Indian Patent Act serves to strike a balance between protecting the rights of the inventor and making such patented products available to people at large for the betterment of the society,…


5 things every Software Developer should include in his Software Development Agreement/Contract

The legal issues surrounding software development can be sometimes complex and often confusing. It is not unusual for developers to take up development gigs without any formal engagement in writing resulting in bitter experiences. By understanding the importance of agreements in a software…


Proof of Right for Indian Patent Applications

Section 7(2) of the Indian Patents Act states that where the patent application is made by virtue of an assignment of the right to apply for a patent for an invention, the applicant is required to furnish, either at the time of filing the application or within six months of the date of filing of…


4 things to know while filing a national phase application in India under PCT

When it comes to prosecution of trademark, design or patent applications, there are a lot of things that are common to all countries. However, each country has its own peculiarities and most often, its mind blogging for attorneys who are simultaneously prosecuting applications in several countries.…


University Patents – Can your project work be patented?

There’s a rather common meme that was doing the rounds on social media which stated that “India is a country where we first become an “Engineer” and then think of what we really want to become” The number of people who identified with the statement was staggering and it’s not too hard to imagine.…


Introduction to patent protection in India

Patent protection in India can be obtained by filing an application online or by paper at the patent offices in Mumbai, Chennai, Kolkata or New Delhi. A patent application in India can be filed as an ordinary national application complying with the requirements as provided under the Patents Act,…


Section 3(d) of the Indian Patent Act – Taking a blow at the WTO?

Section 3(d) of the Indian Patent Act, 1970 has been under the gun ever since it was introduced to the Act through an amendment in 2005. Foreign pharmaceutical companies have time and again failed to establish that the letter of this provision violates the TRIPS, and have, recently, in an…


MSD – Glenmark patent row – Court granted injunction against Glenmark

Close to two years after Merck filed a suit for injunction against Glenmark and after a quite a struggle, MSD has finally been granted an injunction and Glenmark has been restrained from making and marketing its versions of the drug. The Delhi High Court laid down a detailed analyses of the facts…


Cricket and Patents – These inventions will bowl you over!

Cricket and Patents Cricket has always been one of the most followed and loved sport in India. Statistics suggest that when India plays a big game, there are around 400 million watching the match on television. Indians love cricket, be it the IPL, T20, test match or the traditional 50 over match!…