This Post was first published on 15th May, 2013.
NOVARTIS AG (APPELLANT) Vs. UNION OF INDIA & OTHERS (RESPONDENTS)
Decided by the Supreme Court of India, CIVIL APPEAL Nos. 2706-2716 OF 2013.
Brief Facts
The Appellant, Novartis, filed an application for patent in 1998 for a crystalline salt form of Imatinib and its use in cancer treatment.
It specifically claimed the methanesulfonic acid addition salt form of the compound, Imatinib, called as Imatinib Mesylate (commonly referred to as Glivac or…
This post was first published on 15th August, 2012.
The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) will publish final rules in the Federal Register, relating to implementation of three administrative trial provisions of the Leahy-Smith America Invents Act (AIA); inter partes review, post-grant review, and the transitional program for covered business method patents. The administrative trial final rules offer a third party a timely, cost-effective alternative to district court litigation for challenging the patentability of a…
This post was first posted on 8th April, 2011.
In a recent development, non-compliance with regard to the requirement of local working of patent, required under patent law, may lead to issue of compulsory licenses to generics for seven top selling drugs. The RTI query sought by SpicyIP (Way to go Spicy IP!) seeking information regarding Form 27 filings by Innovators for the top selling drugs Tarceva (Roche and OSI Pharms), Stutent (Pfizer), Nexavar (Bayer), Sprycel; Dasatinib (BMS), Pegasys (Roche), Viraferonpeg…
Original Date of Publication: February 4th, 2008
Author- Dr.Kalyan C. Kankanala, Chief IP Attorney, BananaIP Counsels
OVERVIEW
A patent application can be filed at only one of the four patent offices in India (Kolkata, Delhi, Mumbai and Chennai). The patent application passes through the following stages:
A. FILING
B. PUBLICATION
C. EXAMINATION
D. OPPOSITION
E. GRANT
A. FILING
1. Applicant: An application for a patent can be filed by the true and first inventor. It can also be filed the by the assignee or legal representative of the inventor.…
This post was first published on November 2nd, 2012.
Bell Helicopter is an American rotorcraft manufacturer headquartered in Hurst, Texas, near Fort Worth. The company was founded on July 10, 1935 as Bell Aircraft Corporation by Lawrence Dale Bell in Buffalo, New York. The company focused on designing and building of fighter aircraft.
The Eurocopter Group is a global helicopter manufacturing and support company. It is the largest in the industry in terms of revenues and turbine helicopter deliveries. The Eurocopter Group was formed in 1992 through the…
This post was first published on 4th March, 2011.
A new debate is in the air after the humdinger of a match between India and England that ended in a tie in the ICC World cup 2011. The Indian team is unhappy with the dubious decision of the Umpire that ruled England’s Ian Bell not out and ultimately cost India the match. Umpires are an inseparable part of a cricket match. The umpire selection panel has selected 18 umpires excluding a…
This post was first published on 24th February, 2011.
Cricket is said to be deeply rooted in tradition and considered to be a gentleman’s game. The game has undergone much transformation because of the innovation being implied into it. Innovation has touched the game in every field-the way game is played (20-20, ODI, Test), shape and size of bats, innovative batting and bowling techniques (the class of some individual genius like paddle sweep of Sachin Tendulkar, doosra of Saqlin Mustaq, Marillier…
This post was first published on 18th January, 2011.
In a recent case, reported here by Sandeep, the patent office denied patent grant to Abbott’s HIV drug application (application No:339/MUMNP/2006, WO2005/039551), stating that the subject matter did not constitute an invention. Abbott’s application was rejected as a result of the pre grant oppositions filed by Initiative for Medicines, Access & Knowledge’ (I-MAK), Cipla (Mumbai), Matrix Laboratories (Secunderabad) and Okasa Pharmaceuticals (Mumbai).
The complete specification of Abbott’s application was entitled “SOLID PHARMACEUTICAL DOSAGE…