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Interesting Patents, IIT-M to host Tech summit, Cannabis Patent, Qualcomm forced to license its patents, Canada becomes party to Hague Agreement, USPTO’s new Sponsorship Tool and more

  “Indian patent statistics, Interesting inventions, IIT Madras to host Shaastra Summit, Qualcomm forced to license its patents to rivals, USPTO’s new Sponsorship Tool to give other members access to the Patent Electronic System, USPTO grants a patent to a composition containing Cannabis 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 is the silent ambassador of your brand.” – Paul Rand, American…

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Patent Claims x

Rejection of Application Based on Pre-Grant Representation May Be Appealed to IPAB

First Publication Date: 10th February 2010 In a decision delivered on February 8th, 2010, the Delhi High Court held that an applicant aggrieved by the rejection of his application by the Controller based on a pre-grant representation may file an appeal to the Intellectual Property Appellate Board (IPAB). The court delivered the decision after consolidating writ petitions filed by UCB FARCHIM, COLORCON, YEDA RESEARCH & DEVELOPMENT and ELI LILLY. As per the Court, a rejection by the Controller based on…

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What Should I do With My Invention Before I Talk to Venture Capitalists?

  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…

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The featured image shows many strips of tablets and a thermometer on a grey background. The post is regarding the trademark dispute between Cadila health care and Sun Pharma . To know more please click here.

Pharmaceutical Business Strategy – A Brand Name Perspective

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…

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Pharmaceutical Business Strategy – A Generics Perspective

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…

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The image depicts a sign of 'at your own risk' in a yellow diamond.

Assessing Patent Risks in India

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,…

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Patent Infringement Analysis or FTO Analysis in India – Challenges

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…

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Temporary Injunction Cases

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…

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Patenting Inventions by Researchers in Universities

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. …

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Temporary Injunction – F. Hoffmann-LA Roche Vs. Cipla

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,…

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