The LexCampus Weekly Newsletter No.20
19th May, 2021
This week’s judgement is from the Intellectual Property Appellate Board (IPAB), Delhi Bench which discusses the adjournment of hearing by the Controller, thereby delay in grant of patents in such cases where a series of pre-grant oppositions are filed. This case also appreciates certain directions issued by the court to overcome undue delay in disposals of pre-grant oppositions. This week’s blog post discusses the Indian patent framework with respect to selection patents. This week we continue with the topic of drafting, the Body of Claims.
PATENT CASE LAW SUMMARY
Novartis AG v. Controller General of Patents, Designs and Trade Marks and Ors
Novartis AG appealed before the IPAB against the order passed by the Controller adjourning the scheduled hearings indefinitely till physical hearings are possible. According to the appellant, such mala fide adjournments should not be permitted and hearings of long pending patent applications should not be allowed to be deferred on the ground of lack of physical hearings. The court in this case directed the controller to conduct the scheduled hearing through video conferencing and issued guidelines to overcome the undue delay in disposals of pre-grant oppositions, resulting from serial filing of pre-grant oppositions. Read more
Selection Patents in Indian Framework
Selection patents are those patents which claim individually new compounds that fall within the ambit of earlier disclosure of a broader group of compounds for which protection is already claimed. The law regarding selection patents is developed to protect the first inventor as regards to his invention and encourage subsequent inventors to discover fresh advantages from the broader group. This blog post gives a quick overview of the legal framework concerning selection patents in India. It specifically addresses selection patents in the light of section 3(d) objection, Indian patent office manual and Guidelines on the patentability of pharmaceutical inventions in India. Read more
DRAFTING OF PATENT – BODY OF CLAIMS
- Clear and intelligible words should be used in describing the elements and how they cooperate with each other to point towards an invention and distinctly claim it.
- It should not be written to exclude certain embodiments or written in such a form that is being capable of being construed as excluding such embodiments.
That’s all folks for this week