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January 27, 2021, 6:25 pm

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 splitting of cla... Read More

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January 25, 2021, 10:14 am

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... Read More

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January 21, 2021, 11:31 am

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... Read More

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January 20, 2021, 5:49 pm

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 the repression o... Read More

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January 18, 2021, 3:58 pm

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 not be confused with... Read More

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January 14, 2021, 9:57 am

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... Read More

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January 13, 2021, 10:04 am

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 modif... Read More

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January 12, 2021, 10:13 am

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 paten... Read More

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January 11, 2021, 5:27 pm

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... Read More

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January 9, 2021, 5:39 pm

The advent of information technology does help the world to get closer to each other. These mutual interconnections have invariably solved various contentious problems that would otherwise be difficult to address. The intellectual property regime is witnessing a constant increase in the pressure of disposing of various applications that have been filed at various domestic off... Read More

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