The LexCampus Weekly Newsletter No.27
7th July, 2021
This week’s judgement is from the Delhi High Court and deals with the procedural side of patents law. The case concerns the selection procedure of Examiners of Patents and is a lesson in procedural fairness. Following up on an older article regarding the suspension of IP rights for faster vaccine distribution this week we discuss the support extended by the US and public reaction to it. This week the drafting section focuses on a new topic, Punctuation and Formatting.
PATENT CASE LAW SUMMARY
Bharati Rathore v. Union of India
2021 SCC OnLine Del 2601
The Petitioner Bharati Rathore holds a dual degree in Biotechnology and applied for the post of “Examiner of Patents” . Despite clearing the qualifying examination with the highest score, she was not selected for the post as her degree was not considered as equivalent to the degree enlisted as eligibility requirement. The aggrieved Petitioner approached the Delhi High Court who in the course of adjudication .. .. Read more
Vaccine regulation and IP
India and South Africa had jointly made a request in the WTO that all IP rights in COVID related medical inventions be suspended, to ensure accessible healthcare. The Biden administration has backed this waiver and stated that while the administration strongly believed in the protection of intellectual property, extraordinary circumstances warrant extraordinary measures. Read more
PATENT DRAFTING TIPS – PUNCTUATION AND FORMATTING
This week we start discussion on the topic of punctuation and formatting in patent applications. Interpretation of a patent requires careful reading of every word in the patent and hence, the grammar, punctuation and formatting assume significance in the drafting of a patent.
- In clauses where more than one element is being discussed, each element must be separated by a comma to demarcate where the description for one element ends and that of the next one begins.
- Semicolons should be used for internal punctuation to set off various clauses. This means that when one clause ends, a “;” should be written before starting the following clause.
That’s all folks for this week.