Newsletter

The LexCampus Weekly Newsletter No.19 12th May, 2021 Hi, This week’s judgement is from the Intellectual Property Appellate Board (IPAB), Mumbai Bench which discusses the objections raised under section 3(i) of the Patent Act, 1970 in respect to an antibody fragment used in therapy of certain diseases. The case appreciates the probability of claiming use […]

The LexCampus Weekly Newsletter No.18 5th May, 2021 Hi, This week’s judgement is from the Intellectual Property Appellate Board (IPAB), Kolkata Bench which discusses the objections raised under sections 3(j), 3(e) and 2(1) (ja) of the Patent Act, 1970 in respect to a topical formulation of compound prepared by utilizing extracts from plants. The case

The LexCampus Weekly Newsletter No. 17 28th April, 2021 Hi,  This week we look at a case dealing with the issue of whether a petitioner can avail remedy under Section 64 of the Patents Act, 1970 and also simultaneously file a counterclaim in an infringement suit. This week’s blog post discusses the phenomenon of the

The LexCampus Weekly Newsletter No. 15 14th April, 2021 Hi, This week we look at an appeal before the IPAB regarding acceptance of additional evidence even after date for hearing had been previously fixed. The IPAB also examined the issue of inventive step and ruled in favour of the patentee. Our blogpost this week discusses

The LexCampus Weekly Newsletter No. 14 7th April, 2021   Hi, This week we discuss a case presented before the IPAB dealing with the relevance of natural justice in hearings conducted during patent prosecution, as well as the non-applicability of Section 3(d)  in certain  patent applications. Our blogpost this week discusses the response received by

The LexCampus Weekly Newsletter No. 13 31st March, 2021 Hi, This week we look at an important judgement by the Delhi High Court ruled that in view of the subsistence of the right of the patentee, and there being an alleged infringement, the patentee is not required to wait for one year period to sue

The LexCampus Weekly Newsletter No. 12 24th March, 2021 Hi, This week we look at a judgement by the Delhi HC where it disposed of an application for injunction filed by Astrazeneca, Inc. The HC held that at the stage of preliminary injunction it is not necessary for the Defendants to conclusively prove invalidity of

The LexCampus Weekly Newsletter No. 11 17th March, 2021 Hi This week we look at a judgement by the Intellectual Property Appellate Board (IPAB) where it decided an appeal against the Controller for rejecting a patent application on the basis of lack of inventive step. This week’s blogpost is regarding the rising concern amongst the

The LexCampus Weekly Newsletter No. 10 10th March, 2021 Hi This week we look at a decision by the IPAB regarding the filing of a divisional application and the unity of invention presented by the applicant therein. While the Controller had refused to admit the divisional application, the Appellate Board reversed the decision after examining

The LexCampus Weekly Newsletter No. 9 3rd March, 2021   Hi This week we look at a dispute involving the University of Copenhagen and their patent application in India. The patent application was disallowed by the Controller as the claimed invention involved a plant variety and was found to be non-patentable under the Act. The

The LexCampus Weekly Newsletter No. 8 24th February, 2021   This week we look at a judgement by the IPAB, Delhi dealing with divisional applications under Section 16 and when such an application may be filed by an interested patent applicant. This week, our blogpost discusses the amendments proposed to the Patent Rules, 2003. The

The LexCampus Weekly Newsletter No.7 17th February, 2021 This week’s judgement is from the Intellectual Property Appellate Board, Delhi Bench and discusses procedural compliance related to paperwork in processing a patent application. This case also shows a shift in judicial attitude towards integrating electronic resources in administration of patent and related rights. This week’s blogpost

The LexCampus Weekly Newsletter No. 6 10th February, 2021   This week we look at a judgement by the Intellectual Property Appellate Board (IPAB) that deals with the requirement of an oral hearing against objections raised by the First Examination Report. The IPAB in this case propounded that discretionary powers conferred on the Controller should

The LexCampus Weekly Newsletter No. 5 3rd February 2021 This week we look at a judgement by the High Court of Bombay that dealt with the question of whether a patent related to genetically modified cotton seeds is valid under Section 3(j) of the Patents Act, 1970; or was it exclusively under the domain of

The LexCampus Weekly Newsletter No. 4 27th January 2021 This week we look at a Delhi High Court judgement dealing with a point of procedural law in patent suits. The main issue dealt with in Bristol Myers v. Natco was whether the Court could automatically stay proceedings in an infringement suit  owing to a declaratory