Non-patent exclusivity or Regulatory exclusivity is the core profit driver of the pharma industry. The rationale behind introducing regulatory exclusivity for drug products was that the amount of time taken to gain approval to market the drug product often leaves little viable protection period for the drug product under patents. Patents are often filled during the early developmental st...Read More
Patent Pool has been an ongoing subject discussion from both legal and economic points of view. Pool in simple terms means Accumulation. A Patent Pool is defined as an agreement between two or more patent owners to license their patents to one another or to third parties. The patent pool mostly comes into play when an inventor gets stuck in complex technology that requires a complementary patent in ...Read More
INTRODUCTION
The basic objective of any competition policy is to ensure that there is legal entry/ exit of firms and smooth functioning of companies without the exercise of any malpractices. Some prominent anti-competitive practices are collusive bidding, abuse of dominant position, refusa...Read More
The Patent Statute of the US defines patentable subject matter as ‘any new and useful process, machine, manufacture, or composition of matter’ and any improvements. But patent cannot be granted for laws of nature, natural phenomena, or abstract ideas. In June 2014, the US Supreme Court’s ruling in Alice Corp. v. CLS Bank sent software ...Read More
Human beings are full of desires. And an exchange has to be made for something against the fulfilment of those desires. This “something” can be highly unique, which gave rise to earlier forms of barter transactions, or it can be something more uniform, more acceptable, or more universal like currency. A desire is said to have been met when such exchange in the form of the transaction has been successful...Read More
The patent application is an official request filed by the applicant for the grant of a patent or invention done by him, and to obtain permission the applicant must apply at a patent office. A patent application can be filed with Indian Patent Office either with...Read More
The fast pace at which technology is developing in the world is reflected in the creative inventions that are coming up every day. Nowadays, people are increasingly aware of the value of their ideas and seek to protect them from the competition. The most prominent way to do so is by getting their creations patented. However, taking an invention from an idea to an actual patent is not an ea...Read More
It is not necessary that an applicant and inventor of a patent is the same person, in most cases they are different. The question is in such a case will it not be problematic to attain a patent? The answer is absolute ‘NO’. The provision for this problem lies in section 7(2) of the Indian Patents Act, 1970, which say...Read More
If I invent an object, can that be protected under any law? The answer is yes; an invention is protected under an Intellectual Property Rights law as a Patent. It is an exclusive monopolistic right given to the owner to exploit his or her invention for a limited period.
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The invention of a new thing requires an endless amount of time, research, and most importantly hard work which has been put in development. How would one feel when after all this hard work someone else uses and claims your invention?
Your invention needs to have recognition and for that one n...Read More
One can get international patent protection on their invention in 2 ways:
In this approach the applicant can either simultaneously file in all desired countries where it wants protection or file in one of the 177 signatories of the Paris Convention (PC), which will give the applicant a grace period ...Read More
On January 10, 2018, the Delhi High Court passed an important order saying that every patentee is required to submit their patent working information as prescribed by Form 27. The court rejected the contention that such information is confidential, and made it clear that as per the provisions of the Patents Act, 1970, every patentee is mandated to furnish this information withou...Read More
To obtain a patent, an invention must fulfill three important patentability criteria: non-obvious, useful, and novel. If an invention is obvious to either experts or the general public, it cannot be patented. Obviousness is one of the crucial parameters on which issuance of Read More