24th June, 2013
The United States Supreme Court has held that naturally occurring DNA, isolated from the rest of the human genome is not patentable but synthetically created DNA or cDNA (complimentary DNA) can be patented.
Isolation of genes to create cDNA
The patentee discovered the precise location and sequence of BRCA1 and BRCA2 genes, and developed medical tests to detect mutation in...
27th May, 2013
A Larger Bench of Delhi High Court has, on 15th May, 2013, held by majority that a holder of a registered design can institute an action for passing off and that he can institute a suit against a person who is also in possession of a registered design. The dissenting opinion records that the rights and remedies under Designs Act, 2000 (the Designs Act) are statutory in nature ...
The US Supreme Court has held that patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission. In the instant case, the farmer had bought soyabean seeds (not meant for planting) and used them for cropping eight times. As per the terms of the license, he was not allowed to raise more than one crop from the geneti...
29 January, 2016
With a view to stimulate the development of startups in India and to provide them with a competitive platform, the government of India has unveiled a three pronged plan which covers Simplification and Handholding; Funding Support Incentives; and having an Industry – Academia Partnership and Incubation.
Startups accordingly will be provided wi...
By Dr.Amitavo Mitra
In IPR Amicus Issue No. 49, dated August 2015, the interplay between the Biological Diversity Act, 2002 (BDA), and intellectual property rights in India, specifically, the Patents Act, 1970 (Act) was broadly explored, with particular reference to biological inventions.
In this article, we further attempt to explore and ...
By Mukundan Chakrapani
In the May edition of IPR Amicus, we commented on the continued ambiguity in the examination of computer-related inventions (CRIs) by the Indian Patent Office [see end note 1]. Here, we review three recent Controller’s Decisions to highlight that probably, consistency is emerging in the examination of CRIs. We hope th...
By Mukundan Chakrapani
Section 8 of the Indian Patents Act, 1970 mandates applicant(s) filing an application for a patent in India to furnish information pertaining to applications for a patent for ‘the same or substantially the same invention’ filed in any country ou...
By Ankur Garg & Anurit Banerjee
The Indian Patent Office had issued the modified guidelines for examination of Computer Related Invention (CRI) [see end note 1] on 19 Feb 2016. The CRI guidelines propose a framework for assessing patent eligibility of such claims under section 3(k) of the Patents Act, 1970.
Specifically, the CRI guidel...
By Sribindhu Chivukala & Archana V
Section 2(j) of the Patents Act, 1970 (the Act) defines an invention as a new product or a process involving an inventive step and capable of industrial application. The legal protection to an invention is based on the claims of the granted patent. Typically, a p...
By Nupur Kumar
A Full bench (Three Judges) of the Delhi High Court recently held that prior permission of the Court is not necessary under Section 124(1)(b)(ii) of the Trade Marks Act, 1999 (TMA) for filing a rectification petition before the IPAB during the pendency of an infringement suit.
A reference was made to the Full bench of ...
By Sudarshan Singh Shekawat
Patents are not just instruments of private commercial utilisation but also have an impact on public policy. They are thus, governed by a system which allows for challenge to the validity of a patent at different stages.
Before the Patent Office, the Act provides for ‘pre-grant opposition’ under S. 2...
By Vindhya Srinivasamani
This case pertains to a suit filed by CTR Manufacturing Industries Limited against Sergi Transformer Explosion Prevention Technologies Pvt. Ltd. for infringement of its patent IN202302 (suit patent) for “A system and method for preventing and/or detecting explosion and/or fire of electrical transformers”, with an appl...
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