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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.

Background Of The Case

On September 26, 2018,...

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 from within a family of patent applications that...

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 of requests for the PPH was limited to 100 per year for each patent office.

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The fourth amendment of the Chinese Patent Law (CPL) has been approved by China's National People's Congress on October 17, 2020, which will take effect on June 01, 2021. After the 2008 amendments, China has approved the current amendments to the CPL. Below is a brief summary of the Top 5 Changes in the newly amended CPL.

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In view of the UK's exit (Brexit) from the European Union (EU), the transition period will finally end on December 31st,2020 and the UK becomes an independent territory of the EU since January 1st, 2021. The EU Trade Marks and Registered Community Designs have direct impacts due to the end of the transition period. However, the EU patents/patent applications do not have any immediate impact by ending the transition period.

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The Department for Promotion of Industry and Internal Trade (DPIIT) notified the Patents (Amendment) Rules, 2020 dated October 19th, 2020. The Patent Amendment Rules, 2020 are effective from October 20th, 2020. The existing patent rules 21 and 131 (2) are revised in the present amendments and the revised rules modify the requirement of filing a priority document and English translation thereof as well as Form 27. The main aspects of the revised rules...

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...

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