In the case of Novartis Ag v. Natco Pharma Limited & Anr., a Division Bench of the Delhi High Court (in LPA 50/2023,) clarified that the process of substantive examination of a patent application and a pre-grant opposition proceeding are two separate and independent processes/proceedings, and that the opponent has no right to intervene in […]
Tag: Intellectual Property Appellate Board
India- The IPAB signs off, as the President signs on The Tribunals Reforms Bill, 2021
On 4th April 2021, the Honourable President of India announced The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 (the ‘Ordinance’). Pursuant to the Ordinance, the Intellectual Property Appellate Board (‘IPAB’) would be abolished. Before the Ordinance comes into effect, the Ordinance had to be laid before both the Houses of Parliament for consideration, […]
DIVISIONAL APPLICATIONS IN INDIA: CLARIFICATION AND SUMMARY
In India, every patent application should form a “single invention concept” (and therefore amount to “one invention”). However, where a parent application contains multiple group of inventions and they do not form such a “single invention concept”, a divisional application is taken up. These applications are governed by several provisions, namely Sections 16, 10(5) and […]
INDIA- REGISTERING ‘N95’ AS A TRADE MARK TO ‘MASK’ MALAFIDE INTENT?
Due to the COVID-19 pandemic, the use of N95 masks has proliferated exponentially. Research scientists from the Indian Space Research Organisation (ISRO) carried out studies and found the N95 masks to be the most effective at reducing the horizontal spread of infectious diseases, including COVID-19. Indeed, the term N95 has now become commonplace. In that […]