Monsanto vs CCI, Patent Amendment Rules & Drafting a Preamble

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

The Amendment of the Patent Rules, 2003
 
The Patent (Amendment) Rules 2020 (Revised Rules 2020) have come into force from 20 October 2020. Further, a second set of amendments were made under the Patents (2nd Amendment) Rules, 2020; with effect from 4 November, 2020. The Patent Rules, 2003 were enacted to supplement provisions of the Patents Act, 1970 and to chalk out details regarding the procedural provisions in the Act. The Rules help in implementation of a combined reading of the Act and the various international treaties applicable in India. This article discusses the amendments made by the two sets of revision. 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.

PATENT Q&A

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

#AskProfAli

Tweet your patent related questions to @LexCampus with hashtag #AskProfAli. Prof. Feroz Ali will answer select questions in our weekly newsletter.

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That’s all folks for this week.

Team LexCampus

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