The latest case of Vectura vs. GlaxoSmithKline offers various insights on well-versed areas of patent law. This case touched upon aspects such as claim construction, infringement, and damages. Vectura Ltd. sued GlaxoSmithKline LLC and Glaxo Group Ltd. in the United States District Court for the District of Delaware, alleging that GSK infringed Vectura’s U.S. Patent No. 8,303,991 (9...Read More

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 sp...Read More

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 rescue of an applicant who seeks protection in mul...Read More

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 determining wheth...Read More

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...Read More

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...Read More

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 the AIA. The Board must n...Read More

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 modification of the old drugs thereby, obt...Read More

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 patent regulation around the world. Various %...Read More

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 name suggests, data exclusivity is %...Read More

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 offices across the world. The development of Patent Prose...Read More

The exclusive rights that the Intellectual Property Rights provides to an inventor and a creator in consideration for the efforts being taken by them so that they could reap commercial benefits out of their work, substantiates the importance of IP. Giving due importance to the intellectual labor associated with the innovation is what makes the process of innovation a continuous cycle. These ...Read More

US Court of Appeals for the Federal Circuit, in the Valeant Pharmaceuticals v. Mylan pharmaceuticals, held that “acts of infringement” in Hatch-Waxman litigation occurs where actions related to the submission of an Abbreviated New Drug Application (“ANDA”) occur, not where the future distribution of a generic product specified in an ANDA is planned....Read More

We all are very clear with the understanding and the importance of early filing date and priority date in the patent application. A patent is granted on the premise that the invention is non-obvious and constitutes inventive steps. These issues are very much interlinked with that of the filing date since an early filing date is acknowledged as prior art. The priority date of a patent relates to the earliest filing date ...Read More

A bilateral patent prosecution highway (PPH) pilot program has been implemented between the Indian patent office (IPO) and the Japan Patent Office (JPO) on December 05, 2019, for a period of three years. The guideline was framed by the patent offices and published on the website of Controller General of Patents, Designs & Trade Marks. As per the guideline, the number ...Read More