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Intellectual Property Appellate Board (IPAB) in its order, OA/63/2020/PT/DEL dated 27 October 2020, observed that filing of the declaration under Rule 4.17 (ii) of the PCT Regulations during PCT filing satisfies the legal requirement of filing ‘proof of right’ for PCT National phase patent applications in India and set aside the order dated January 30, 2020 (Impugned order), Assistant Controller ofPatents & Designs, Patent Office, New Delhi in the Indian Patent...

Geographical Indication (GI) is an Intellectual Property Right like any other IPR which is described in Article 22 of TRIPS (Trade-Related Aspects of Intellectual Property) Agreement as “indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristics of the good is essentially attributable to its geographical origin...

The PCT patent application or International patent application generally has two phases, 1) International Phase and 2) National Phase. The PCT patent application has to be nationalized in specific countries before the expiration of the international phase. The filing of the PCT patent application in specific countries is referred...

The international (PCT) patent application plays the role of an international patent application for a certain period of time or until national phase entry in each of the national countries. The PCT patent application does not result in a grant of a patent, however, the applicant or inventor can prosecute the PCT patent application with the International search authority (ISA) and/or International Preliminary Examination Authority (IPEA) during the international stage to...

The PCT patent application or the International patent application has an effect of a national patent application for a certain period of time. After that period, the PCT patent application is converted into national phase patent applications where patent protection is required. The PCT patent application can be amended under Article 19 and Article 34 of the Patent Cooperation Treaty (PCT).

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Australia Patent Office has amended some of the official fees for patent/patent applications to recover the costs from administering intellectual property (IP) rights and their associated legislation. The changes to the official fees will commence from October 1, 2020. A summary of the patent/patent application fee changes is discussed below.

CHANGES TO PATENT FEES

The present official fee changes...

The U.S. Court of Appeals for the Federal Circuit (CAFC) latest decision, in IBSA Institut Biochimique, S.A. v. Teva Pharmaceuticals USA, Inc., affirmed a District Court's decision that the asserted claims relating to a pharmaceutical composition were invalid as indefinite under 35 U.S.C §112.

BACKGROUND OF THE CASE

IBSA is the assignee of the orange book listed patent, US 7,723,390 (‘...

Intellectual Property Appellate Board (IPAB) in its order, OA/47/2020/PT/DEL dated July 20, 2020, says a divisional patent application filed from a parent patent application after the unity of objection cannot be rejected based on the parent patent application/patent and set aside the decision dated January 02, 2020 (Impugned order), of Assistant Controller of Patents & Designs, Patent Office, New Delhi in the Indian Patent application: 5912/DELNP/2015.

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Paris Convention

The Paris Convention is one of the first international intellectual property treaties formed between numerous countries. The Paris Convention was signed in the year 1883 in Paris, France by eleven countries. Presently, the Paris Convention has 177 countries as contracting parties. The Paris Convention applies to all intellectual property rights such as patents, trademark, copyright, industrial design,...

The patent registration process in India involves numerous steps such as filing a patent application, publication of the patent application, examination of the patent application, grant of the patent application, and maintenance of the issued patent. The typical time period to receive the grant of the patent application in India is 4 -5 years. In India, the examination of the patent application can begin solely when filing a request for examination with the Indian Patent...

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