Monsanto in Supreme Court, The Long Preamble, Section 54

PATENT CASE LAW:

 

Monsanto Holdings Pvt. Ltd. & Ors. v. Competition Commission of India & Ors.

2020 SCC Online Del 598

The Competition Act, 2002 and The Patents Act, 1970 are supplementary legislations. They should be read in addition to each other and not in derogation of. There exists no repugnancy between provisions of the two statutes and therefore, it is permissible for the Competition Commission of India to inquire into the matter of abuse of dominant position in the market by a patent holder. Read more ..

PATENT DRAFTING TIPS:

1. In certain cases it might be helpful to write a longer preamble which would aid in providing context to the invention as well as aid in its comprehension.

2. A more descriptive preamble is also preferred in composition claims where the composition has no recognised name.

Q&A (#AskProfAli):

QUESTION: While making an application for patent of addition under section 54(1), do we need to make an application in Form 13 also for an amendment of complete specification as patent of addition was filed after grant of patent.

ANSWER: An application under section 54 (patent of addition) will be treated as a separate application which will be assigned a separate number and will be prosecuted separately. There is no need to amend the earlier application which has materialised into a grant.

Tweet your questions to @LexCampus with hashtag #AskProfAli. Select questions will be picked and answered by Prof. Feroz Ali.

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Until next week,

Team LexCampus

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