The LexCampus Weekly Newsletter No. 2
13th January 2021
This week, we look at a recent decision where the Delhi High Court discussed in Monsanto Holdings Pvt. Ltd. & Ors. v. Competition Commission of India & Ors. whether there is repugnancy between the Competition Act, 2002 and the Patents Act, 1970 in so far as jurisdiction is concerned, when abuse of patent rights is alleged. We have an article on the latest Patent Rules Amendments. There is also a few tips on drafting a preamble and a patent related Q&A.
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
FROM OUR PATENT BLOG
PATENT DRAFTING TIPS
- 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.
- A more descriptive preamble is also preferred in composition claims where the composition has no recognised name.
QUESTION: Can an improvement or process involving an admixture of known substances be considered to involve an inventive step? In other words can an improvement or a process involving an admixture of known substances qualify the test of satisfying inventive step requirement?
ANSWER: There are two sections that we need to consider before we can answer this question, because the questioner has posed a question asking whether an admixture of known substances is patentable especially whether it can satisfy the requirement of an inventive step. When you mention known substances, immediately the wordings of section 3d is attracted and when you mention admixture the wording of section 3e is attracted. So this question has to be answered by factoring the requirements in section 3d and also the requirements in section 3e. Read more
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That’s all folks for this week.