― Friday, 12th June 2020 Availing Patent Benefits – A ‘Status’ Check!
Every patent office provides certain benefits to Patent Applicants if they meet certain criteria (with respect to entity size, gross income and others). These benefits may be patent fee discounts or speedy examination processes.
This article touches upon the benefits extended by IPO, USPTO and EPO to entities based on their status.
― Wednesday, 27th May 2020 Not an Equal world for AI - No Inventorship for them!
With Artificial intelligence (AI) replacing humans in myriad sectors and operational aspects, it is not surprising that AI is able to concoct its own inventions. AI-generated inventions are (and may become) the norm, however, awarding inventorship to AI under the current patent system is far-fetched. So, is it justifiable denying patent rights to the actual inventor for inventions created by AI or does the patent system merely operate on the fact that AI is a machinewith no capability to exercise legal rights even if given any, and therefore unfit to hold inventorship for its creations.
― Wednesday, 27th May 2020 First Filing in India: A Requirement or a Choice?
Indian resident inventors may decide to file patent applications in multiple countries including India or entirely disregard India and go international! This may be due to weak market strength/poor demand for the product/invention in the country.
As per Indian Patents Act, it is mandatory to obtain an Foreign Filing License (FFL) if an Indian resident inventor decides to first file in a foreign country bypassing Indian Patent Office(IPO) . As per the rules, within 21 days of requesting for an FFL, the IPO, usually, either issues the FFL certificate or rejects the FFL request.
Another option is to first file in India and then wait for a cooling-off period (six weeks!) before attempting to file in a foreign country. In this case, an FFL is not required.
― Friday, 22nd May 2020 The Missing Link - IT Act and IPR Laws
Cyber laws are defined under the Information Technology (IT) Act of 2000 encompassing legal and regulatory aspects of the internet and the world wide web. However, certain entities/intermediaries such as e-commerce websites, search engines, and data aggregators sometimes come under scrutiny for violation of IPR laws when seen under the light of IT Act. Hence, protection to intermediaries from liability, arising out of content posted by users, needs be addressed by creating nexus between IT Act and IPR laws.
― Wednesday, 20th May 2020 Keeping an Eye on India - USA’s IP Priority Watch List
India has been grappling with big IP giants such as the US to establish its stance on the IP front. Owing to a fallible IP regime, India has yet again come under the US’s Priority Watch List and is required to meet certain expectations of the US in terms of trade and other IPR related policies. However, the question still remains whether India, being a sovereign nation, should let itself be subdued by the US or have its own say in IP matters concerning the nation.
― Monday, 21st September 2020 Ibrutinib Patent Revocation: IPAB Says the Stay is Here to Stay
Latest in the Ibrutinib patent saga is IPAB’s order maintaining the interim stay over the revocation of the anti-cancer drug patent. This comes at an interesting time, as a recent report by I-MAK suggests that US-based Biopharma Company AbbVie might be attempting to build a patent wall around Imbruvica (Ibrutinib’s market brand), having secured 88 patents out of 165 applications filed. Imbruvica currently generates a whopping $4.5 billion a year for
― Monday, 21st September 2020 Microsoft Sued For VR Patent Infringement
On Wednesday in the Middle District of Florida, D3D Technologies, Inc. filed a complaint against Microsoft for patent infringement claiming, that the defendant‘s product infringed its three-dimensional image viewing and manipulation patents, relating to holograms.
― Friday, 18th September 2020 Dr. Reddy’s Settles Patent Suit With Celgene Over Cancer Drug
Dr. Reddy’s Laboratories Ltd. settled its litigation with Celgene Corp. for patents for the generic version of a prescription medicine used to treat blood cancer in a potential boost to its earnings. Settling all outstanding claims in the litigation, Celgene, a wholly owned subsidiary of Bristol Myers Squibb, agreed to provide Dr. Reddy’s a license to sell volume-limited amounts of Revlimid or generic lenalidomide capsules in the U.S. after March 2022, according to its filing. The company didn’t disclose agreed percentages.
― Friday, 18th September 2020 Court Denies Amazon’s Motion To Dismiss
On Wednesday in the District of Delaware, Amazon’s motion to dismiss plaintiff VB Assets’ patent complaint was denied because the court found that Amazon failed to tailor its arguments to the asserted claims and that more information was needed before the judge could make a ruling. In the underlying First Amended Complaint, VB Assets alleged their predecessor had pioneered “voice-based search and commerce technology” well before Amazon had in its Echo devices.
― Friday, 18th September 2020 Another One Bites the Dust – N.D. Tex. Dismisses Antitrust Claims re FRAND Commitments with Prejudice
In the latest decision addressing antitrust liability for FRAND commitments, Judge Barbara M. G. Lynn of the Northern District of Texas dismissed a complaint from Continental Automotive Systems, Inc. (“Continental”) alleging, inter alia, violations of §§ 1 and 2 of the Sherman Act, and declaratory judgment as to FRAND obligations against Avanci, LLC (“Avanci”) and various members of its patent pool (collectively, “Defendants”).