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Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case

Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case

The Madras High Court allowed France Telecom’s writ petition, overturning orders rejecting its patent application due to procedural delays. The Court emphasized that errors by agents should not deprive applicants of statutory rights, directing the Deputy Controller of Patents to process the application as per the Patents Act, 1970. Continue Reading Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case

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Image accompanying blogpost on "Patent Amendment rules 2024"

Patent (Amendment) Rules 2024 come into effect, significant changes introduced.

The Delhi High Court in Kudos Pharma v. Natco Pharma addressed a patent infringement lawsuit concerning the anti-cancer drug Olaparib. To counter a patent infringement claim, the defendant needs to raise a plausible challenge to the patent’s validity. Patent coverage (what the patent protects) is distinct from the specific details disclosed in the patent document. This case involved a species patent (Olaparib) claimed within the scope of a broader genus patent. Continue Reading Patent (Amendment) Rules 2024 come into effect,…

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Can a delay in filing request for examination be condoned? Court clarifies

Missed filing a request for examination? court says, condonable under exceptional circumstances.

Facts of the case: The Petitioner in this case filed two writ petitions challenging the order of the Respondent (herein referred to as Patent Office) dated 03.05.2016 in respect two of the Petitioner’s applications bearing numbers 8846/CHENP/2011 & 8907/CHENP/2011. The patent applications were filed before the Indian patent office on 29.11.2011 and 30.11.2011 respectively as PCT national phase entries. The petitioner engaged the services of a New York based firm called Greenberg Traurig for filing and prosecution of the national phase…

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