Intellectual Property Laws in India
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Natco Pharma has filed Pre-grant Opposition Application with India's Controller General of Patents, Designs & Trademarks to Oppose Gilead Hepatitis C Drug Patent In India

Natco Pharma has filed Pre-grant Opposition  Application with India's Controller General of Patents, Designs & Trademarks to Oppose Gilead Hepatitis C Drug Patent In India | Intellectual Property Laws in India | Scoop.it

According to some sources, Natco Pharma has recently filed Pre-grant Opposition  Application with India's Controller General of Patents, Designs & Trademarks to Oppose Gilead Hepatitis C Drug Patent in India.


If successful, the move could clear the way for the Indian company to launch a generic version of the drug. Sovaldi is the first among a bunch of new hepatitis C drugs that have been shown to raise cure rates and cut treatment duration without the side-effects of current injection-based treatment regimes.

Patent Opposition in IndiaIndian patent law allows two kinds of  patent oppositions which include pre-grant patent opposition and post-grant patent opposition. Moreover, the recent heave in patent filings in India is attributed to the revolution in the Indian Patent System on 1st January, 2005, when India signed the Trade Related Aspects Intellectual Property Rights (TRIPS) agreement, wherein Section 25 of The Act was amended in light of the TRIPS agreement to introduce an “integrated” system of both pre-grantpatent opposition and post-grant patent opposition in India.

Under pre-grant opposition, any person can represent for opposition, in writing, to the Indian Patent Office, against the grant of a patent after the application for a patent has been published, but a patent has not been granted. The pre-grant opposition procedure acts as a protective shield to check the validity of patent applications before a patent is granted on them. Additionally, pre-grant opposition acts as a business strategy, whereby competitors exploit it as an opportunity for opposing unjustified protective rights.


The grounds for both pre and post-grant opposition are identical and there is nothing to preclude a pre-grant opponent from subsequently filing a post-grant opposition. However, despite the similarities, there are also several procedural differences between the two types of opposition.


The primary difference between pre-grant and post-grant opposition is that though pre-grant proceedings may be initiated by “any person”, but only a “person interested” can institute a post-grant opposition. The Indian Patents Act defines a “person interested” as including a person engaged in, or in promoting, research in the same field as that to which the invention relates.


Another striking difference between the pre-grant and post-grant opposition is that infringement proceedings cannot be initiated during pre-grant opposition as the patent is still in the application stage, whereas in case of post-grant opposition, infringement proceedings may be instituted.


Moreover, the Indian Patents Act does not explicitly allow the opponent to be heard in a pre-grant opposition. The opponent has to make a request for hearing and the rules do not detail how a hearing is to be conducted. The opponent’s right to be heard solely depends upon the discretion of the Controller, who decides the same based upon the merit of the opposition. Additionally, the rules are also not clear whether the opponent will be heard in the presence of the applicant. In contrast, the opponent in a post-grant opposition can proceed with the case irrespective of the merit of the notice of opposition.


Furthermore, as per the stand taken by the Intellectual Property Appellate Board (IPAB) on numerous occasions, there is no remedy against an order of the Controller in a pre-grant opposition, except to file a writ petition under the Indian Constitution.



 

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Zydus Pharmaceuticals & Cadila Healthcare to settle patent infringement case related neuropathic pain relieving drug 'Gralise' with Depomed Inc

Zydus Pharmaceuticals & Cadila Healthcare to settle patent infringement case related neuropathic pain relieving drug 'Gralise' with Depomed Inc | Intellectual Property Laws in India | Scoop.it

Cadila Healthcare and Zydus Pharmaceuticals have entered into a settlement agreement with Depomed regarding the patent infringement litigation related to neuropathic pain relieving drug Gralise 300 mg and 600 mg tablets." 
The settlement will allow Cadila and Zydus to begin sell of generic versions of Gralise on January 1, 2024, or earlier under certain circumstances as stated by the company.

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Drugs giant Biocon rejects Novartis patent accusations

Drugs giant Biocon rejects Novartis patent accusations | Intellectual Property Laws in India | Scoop.it

#Novartis is seeking an injunction in the Delhi High Court to stop Biocon from launching a generic version of Galvus, also known as Vildagliptin. However, Indian drug company #Biocon rejected allegations by Novartis that it infringed on the Swiss pharmaceutical giant's patent for its blockbuster #diabetes drug Galvus. Biocon has a reputation for respecting all valid IP (intellectual property) and intends to operate within the parameters of applicable IP laws in India and elsewhere.

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Manually curated list of patents granted in different technology do...

WHY PATENT ARE IMPORTANT FOR DEVELOPMENT?| Understanding International Patent Classification (IPC)|World Intellectual Property Organization
-Patent protection means that the invention protected cannot be commercially made, used, distributed or sold without the consent of the patent owner or patentee 
-Patents provide incentives to the individuals (Royalty) 
Protection stimulates research, which results in technological development 
-Patents promote innovation and dissemination of information 
Examples of Some International Patent Classifications (IPCs)
A61K: Preparations for Medical, Dental, or Toilet purposes 
CO7G: Compounds of unknown constitution 
C07K: Compounds of unknown constitution 
E04G: Scaffolding; Forms; Shuttering; Building implement or other building aids 
H04B: Transmission 
H04L: Transmission of digital information 
e.g.telegraphic communication  

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Biocon rejects Novartis patent accusations over the alleged infringement of the patent on its diabetes drug Galvus

Biocon rejects Novartis patent accusations over the alleged infringement of the patent on its diabetes drug Galvus | Intellectual Property Laws in India | Scoop.it

Recently, Novartis announced that it has approached the Delhi High Court late last month seeking an injunction against Biocon for patent infringement and stop Biocon from launching a generic version of Galvus, also known as Vildagliptin.

According to Novartis, Biocon is infringing the novel molecule Vildagliptin. The product was launched in India in 2008 and the patent on this compound expires in 2019.

However, over the years Biocon has a reputation for respecting all valid intellectual property and intends to operate within the applicable intellectual property laws in India as stated by the company.

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WHY PATENTS ARE IMPORTANT FOR DEVELOPMENT?| Understanding International Patent Classification (IPC)|World Intellectual Property Organization

WHY PATENTS ARE IMPORTANT FOR DEVELOPMENT?| Understanding International Patent Classification (IPC)|World Intellectual Property Organization | Intellectual Property Laws in India | Scoop.it
The Importance of Patents - Patent Law Information| Understanding International Patent Classification (IPC)|World Intellectual Property Organization|WHY PATENT ARE IMPORTANT FOR DEVELOPMENT?| What ...
PatentAttorney_Delhi_Intellectual_Property_Law_Firm's insight:
Importance of PatentsA patent right is one of the forms of intellectual property rights (IPR) protection that enables innovators and inventors to prevent other third party entities from making use of their ideas. Patents are of prime importance for the individual inventor whose rights are protected and for the growth of the economy.Patent laws can ensure that no one is able to take unfair advantage of the research work and ideas of other inventors. Patents can help to ensure that technology based businesses and individuals research work to create new innovations, can help to provide an important boost for the economy growth.By protecting a new  research idea for a process/ method or product, patents make it possible for individual inventors and businesses to protect their work and time investments. Without the help of this kind of IP protection, it would not be worthwhile for people to invest large amounts of money in novel inventions since they would not be able to prevent their competitors from immediately making use of their invention.
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Patent prosecution Guidelines by Intellectual Property Patent Law F...

Section 8 Compliance for Prosecution of Indian Patent Pharma Applications| Patent prosecution Guidelines by Intellectual Property Patent Law Firm in India| Filing Patent details of Foreign Patent Application Prosecution History Before Indian Patent Office
Tech Corp Legal is a global intellectual property and technology research firm. 
Our Flagship Patent Services: 
Patent landscape report 
Patent portfolio Assessment and Management 
Patent searches 
Market Research 

We offer advice to our clients regarding intellectual property law, how to patent an idea, protecting biotech and food technology innovations, software patent infringement, drafting mechanical patent applications and related disciplines focusing on protecting your ideas. 
Till date we have conducted over +3000 patent searches for our domestic and foreign clients. We have handled over a hundred matters before the Trademark Registry of the Indian Patent and Trademark Office. 
Prity Khastgir is a Biotech and Pharmaceutical Indian Patent Attorney at Tech Corp Legal LLP (www.techcorplegal.com),an Indian Intellectual Property law firm based in New Delhi. 
She also serves as Director at Tech Corp International Consultants Pte. Ltd. (Singapore), wherein she advises clients regarding freedom to operate (FTO) studies for their new product or service and search for possible foreign IP rights that could be infringed. 
Patent clearance searches are rapidly becoming a necessity for any technology company to enter in India and in any other foreign country. Having multi-jurisdictional experience gives her clients insights in protecting and enforcing their intellectual property rights in several countries. 
Our Patent Practice Areas: 
Medical Devices 
Telecommunications 
Computer Science 
Biotechnology 
Pharmaceuticals 
Biochemistry 
Pure Chemistry 
Applied Chemistry 
Industrial Chemistry 
Pharmacology 
Physics 
Electronics 
Mechanical Engineering 
Electrical Engineering 
Chemical Engineering 
Computer Engineering 

Our clients consists of foreign IP law firms, fortune 100 companies and universities. Our patent analysis reports helps In-house IP counsels, CEOs, foreign patent attorneys, R&D department, and Universities to make effective business decisions and plan the future research and development activities.  

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