India- What constitutes ‘therapeutic efficacy’ when determining patentability of ‘new forms of known substances’

The Delhi High Court recently rendered a significant decision clarifying the concept of enhanced therapeutic efficacy, when determining the patentability of new forms of known substances. The case involved an appeal by the patent applicant challenging the rejection of their patent application under Section 3(d) of the Patents Act, 1970 (as amended) (the ‘Act’). Section […]

Court directs Indian Patent Office to issue reasoned decisions

Lack of proper reasoning in patent decisions by the Indian Patent Office (‘IPO‘) has been a cause for grave concern. In Dolby International AB (‘Dolby’ and/or the ‘Applicant’) v. The Assistant Controller of Patents and Designs [C.A.(COMM.IPD-PAT) 10/2021 and I.A. 13552/2021], the Delhi High Court was faced with a similar predicament, and took the opportunity […]

Amendments to Patents Law in Malaysia

The Malaysia Patent Office recently announced amendments to the Patents Act and Regulations, taking effect from 18 March 2022. Highlights of the key amendments are set out as follows: 1.     New Section giving effect to Budapest Treaty A new section is introduced to the Patents Act and Regulations giving effect to the Budapest Treaty.  The deposit […]

Salient points concerning the law of anticipation in the case of Element Six Technologies Ltd v. IIa Technologies Pte Ltd.

On February 7, 2020, the Singapore High Court reported its decision in the case of Element Six Technologies Ltd v. IIa Technologies Pte Ltd. [2020] SGHC 26, which treated various issues pertaining to novelty, priority date and anticipation. In particular, there are several interesting points in the decision concerning the law of anticipation which will […]

New Singapore Patent Fast Track Programme to Accelerate Patent Prosecution Timeframe

The Intellectual Property Office of Singapore (IPOS) in its continuing effort to expand support to innovators, launched a new programme named the “SG Patent Fast Track”  on 4 May 2020 to replace the existing patent acceleration programmes, namely FinTech Fast Track and Accelerated Initiative for Artificial Intelligence (“AI2”), which ceased on 25 April 2020 and […]

India Update – Patent Infringement

An action for patent infringement in India is not maintainable during the pendency of an appeal against an order revoking the patent. In Novartis AG & Anr. V. Natco Pharma Limited CS (COMM) 229/2019 and I.As. 11304/2019, 11305/2019, the Delhi High Court (the ‘Court’) has clarified that an action for infringement is not maintainable in […]