First Publication Date: 9th February 2010
Every now and then I come across this question, and most often it’s asked by individual inventors and start-ups. In most cases, when you invent something, the next logical step would be to raise funds and build a business around it. To raise funds you will have to disclose the idea/invention to several VCs, preferable after signing a non disclosure agreement (NDA). A NDA, in brief, is a legal instrument that binds the parties entering…
First Publication Date: 9th February 2010.
In furtherance to Vikram’s post on Paragraph IV certification and its exploitation by generic pharmaceutical companies (ANDA applicant) to enter the market sooner, here is an insight on the NDA holders’ attempt to exploit the same.
Every ANDA application filed by a generic company has to be in a prescribed format and must contain the prescribed content as per 21CFR sec. 314.94 (Contents and Format of an Abbreviated application). Each of these applications…
First Publication Date: 29th January 2010
One of strategies prevalent in the pharmaceutical sector is to invest in research through which new chemical entities and new products can be invented which will help to challenge the existing patents successfully. However, with the amount of money involved in this kind of strategy, a lot of other strategies have emerged by which pharmaceutical companies mainly generics do business, one of which are challenges of patents under Para IV of the Hatch…
First Publication Date: 27th January 2010.
This post is in furtherance of Kartik's post titled "Patent infringement analysis or FTO analysis in India - Challenges" relating to performing patent infringement and FTO analysis in India. Through this post, I wish to explain the basic steps for assessing patent risks.
Patent activity has been growing in India at a steady rate. Increase in patent filings/grants and litigation indicates the growing interest of corporates to protect and enforce patents. Under such circumstances,…
First Publication Date: 27th January 2010.
Patent infringement analysis is one of the key studies that may be carried out under various scenarios. Some of them being:
Proactively ensuring that they don’t violate third party IP, by carrying out this study at product development stage
When sued by a competitor on the grounds of infringement of their patent rights
Patent holders constantly monitor competitors’ products to check whether competitors’ products are infringing their patent, and take necessary actions to…
First Publication Date: 15th January 2010
M.C. Jayasingh Vs. Mishra Dhatu Nigam Limited (MIDHANI), Apollo Hospitals, Apollo Hospitals Enterprise Limited and Cancer Institute (W.I.A.), (Regional Cancer Centre)
The Appellant, Jayasingh, acquired a patent over a Prosthesis made of Titanium alloy, which is used in bone salvage surgery. On learning that the Respondents were making, selling, distributing and using Prosthesis that was covered by his patent, Jayasingh filed an infringement suit against the Respondents and prayed for an injunction during the pendency…
First Publication Date: 20th January 2010.
This is in response to a question asked by one of the researchers on our website with reference to the patenting of inventions by researchers in the University
For all the inventive minds working or studying in different Universities, idea of patenting their invention(s) is quite lucrative. With our experience of dealing with such situation, where a researcher wishes to apply for a patent, a number of issues should be catered before applying for the patent. …
First Publication Date: 18th January 2010
The Appellants, F. Hoffmann-La Roche Ltd. (“Roche”), the Licensor of a patent relating to the drug Erlotinib used for cancer treatment and OSI Pharmaceuticals Inc. (`OSI'), the holder of the patent of the said drug, filed an infringement suit against the Respondent, Cipla Ltd. (“Cipla”). The Appellants filed an application for temporary injunction during the pendency of the suit, which was rejected by the Single Judge and therefore, filed this appeal.
After hearing both the parties,…
“Indian patent statistics, Interesting inventions, Smart Streetlight with notifier, India and US engage in first ever dialogue on IP, Broadcom files patent infringement suit against Volkswagen, Sony and Lenovo sign design patent license agreement, EPO Joins WIPO's Digital Access Service (DAS) and other Weekly Patent News updates,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Design Quote of the Week
"Design has allowed us to stand out; to look different and show that…
First Publication Date: 14th January 2010
Most of us, when we think about patents, we tend to associate patents with “high-tech” technological innovations. However, truth be told, sometimes patent protection can be easily extended to protect, as many may call, not so high-tech innovations as well.
We had blogged earlier about, whether inventions related to method of massaging can be patented. A comment made on that blog post raises an interesting question, and is the focal point of this post.
The question is:…