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Mold Tek v. SD Containers, Patent Waiver, Drafting a Patent

The LexCampus Weekly Newsletter No. 28
14th July, 2021.

Hi,
This week we discuss an order passed by the High Court of Madhya Pradesh regarding jurisdiction of commercial disputes in cases where the High Court does not have original civil jurisdiction, nor does it have a functioning Commercial Division. The blogpost for this week is a follow up of last week’s article on patent waivers and vaccine equality. We offer a few tips regarding punctuation and formatting in drafting a patent.

PATENT CASE LAW SUMMARY

Mold Tek Packing Pvt. Ltd. v. SD. Containers
C.S. 1/2021

Commercial disputes are to be adjudicated upon by Commercial Courts. In cases where the relevant IP statute states that a suit is to be heard by the High Court, the Commercial Division of the High Court is empowered to hear the suit. However, in this case, since the Madhya Pradesh High Court does not exercise original civil jurisdiction, and does not have a Commercial Division there arose confusion as to whether Commercial Appellate Division Court can hear the dispute. While the instant case deal with design registration , the same is of interest to patent practitioners as similar legal text appears in the Patents Act, 1970 and was also referred to by the Court in its order. Read more

PATENT BLOG

Patent Waiver: The Way Forward?

Following the Biden administration’s public expression of support to the patent waiver request filed by India and South Africa at the World Trade Organisation (WTO), several leading magazines and newspapers have published articles and editorials regarding the effectiveness of such a measure. Given the importance of the topic, we present a sequel to last week’s article which discussed the issue in brief. Read more

PATENT DRAFTING TIPS – PUNCTUATION AND FORMATTING

  • It is advisable to use the tabular form for representation for long and complex claims which contain several inundations.
  • This form of representation helps the drafter and examiner to identify elements and clauses and distinguish between them to make the process easier.

That’s all folks for this week.

Team Lexcampus

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