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Draft Patent Rules 2024

Draft Patents (2nd Amendment) Rules, 2024

The Draft Indian Patent Rules 2024 has been released for public review. This draft addresses the adjudication process for penalties in patent-related matters. It introduces specific roles such as 'Adjudicating Officer' and 'Appellate Authority', clarifying their functions in the patent adjudication process. The draft also details procedures for filing and appealing complaints in cases of patent contraventions.These updates are part of an ongoing effort to enhance the clarity and efficiency of the patent process in India. Objections or suggestions, if any, may…

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Patent Examination and Pre-Grant Opposition are independent processes, says the Delhi High Court

Patent Examination and Pre-Grant Opposition are independent processes

Patent Examination and Pre-Grant Opposition are independent processes, says the Delhi High Court In an appeal filed by Novartis from the decision of a Single Judge, the Division Bench of the Delhi High  Court considered if a pre-grant opponent would have the right to participate and get a hearing with respect to amendments made by the patent applicant based on directions of the Controller of Patents. The pre-grant oppositions in the case were filed by NATCO and several others, and…

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Weekly IP Insights Essential Updates from BananaIP Counsels

Weekly IP Insights: Essential Updates from BananaIP Counsels

Explore the latest trends and critical developments in Intellectual Property with BananaIP’s Weekly IP Update. Our expert patent attorneys and IP specialists provide insightful analysis and essential information for professionals and enthusiasts alike. Stay informed with our comprehensive weekly digest. Continue Reading Weekly IP Insights: Essential Updates from BananaIP Counsels

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Deciphering Intellectual Property: A Deep Dive into Recent Indian High Court Judgements

Deciphering Intellectual Property: A Deep Dive into Recent Indian High Court Judgements

Discover key Intellectual Property rulings from Indian High Courts in our latest BananaIP blog. Dive into concise case overviews, including trademark and patent disputes, providing valuable legal insights. Continue Reading Deciphering Intellectual Property: A Deep Dive into Recent Indian High Court Judgements

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Public Notice from the Office of the Controller General of Patents: Submit Feedback on Updated Intellectual Property Guidelines by October 15, 2023

Indian IP Office Public Notice: Submit Feedback on Guidelines by Oct 15, 2023

Date: August 30, 2023 The Office of the Controller General of Patents, Designs, and Trade Marks has released a formal public notice with the objective of soliciting suggestions and comments for the revision of current manuals and guidelines. This also includes the issuance of new guidelines for Patents, Designs, Trade Marks, Geographical Indications, and Copyrights. Who May Participate The invitation for input extends to all interested parties, including patent and trademark holders, designers, legal experts, academics, and professionals in industries governed by…

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Image featuring Weekly Patent and Industrial Design Statistics – 7th April 2023 to 14th April 2023

Weekly Patent and Industrial Design Statistics – 7th April 2023 to 14th April 2023

In the 15th issue of the Indian Patent Journal dated 14-April-2023, the patent office published 557 applications along with 425 patent grants. The design office registered a total of 420 designs. Continue Reading Weekly Patent and Industrial Design Statistics – 7th April 2023 to 14th April 2023

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Image featuring "the origin of the concept of section 3d, indian patent act, 1970"

Examining the Origins of Section 3(d) in India’s Patents Act and Its Connection to EU SPCs

Section 3(d) of The Patents Act 1970 has been the subject of much research interest due to its connection with preventing evergreening in pharmaceutical patents. This section was introduced after the TRIPS agreement, and may have been inspired by a similar provision in the E.U.’s Supplementary Protection Certificates regulation. It requires any patent for a new form of an active ingredient to demonstrate enhanced therapeutic efficacy. Continue Reading Examining the Origins of Section 3(d) in India’s Patents Act and Its…

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Image featuring "Revisiting Supplementary Protection Certificates of the European Union"

Revisiting Supplementary Protection Certificates of the European Union

Supplementary Protection Certificates (SPCs) are a form of additional patent protection for pharmaceuticals and plant protection products, granting up to 5 years of extra market protection beyond the standard 20 year patent period. The E.U has established regulations to ensure uniformity across member countries in the grant of SPCs, and over 20000 SPCs have been granted since 1993. Further study is needed to identify when and where SPCs are necessary to ensure they are used responsibly and do not unreasonably…

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Nokia Vs. Oppo: Standard Essential Patents and Deposit during Suit Pendency

Nokia Vs. Oppo: Standard Essential Patents and Deposit during Suit Pendency

In a recent Delhi High Court order, Nokia’s application to deposit royalty payments due from Oppo for the use of Nokia’s Standard Essential Patents (SEPs) was rejected. The SEPs in question relate to 2G, 3G, 4G, and 5G technologies. Read More Continue Reading Nokia Vs. Oppo: Standard Essential Patents and Deposit during Suit Pendency

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