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 […]

Singapore Broadens IP links with Japan, China, Russia and Laos

IPOS International (“IPOSI”), the expertise and enterprise engagement arm of the Intellectual Property Office of Singapore (IPOS), recently signed a Memorandum of Understanding (“MOU”) with Japan’s Industrial Property Cooperation Center (IPCC). The MOU envisages providing enhanced patent search and analytical capabilities in both the Japanese and Chinese languages to benefit enterprises in Japan and Singapore […]

Revisiting long-established concepts on independent and dependent patent claims in Singapore

The Intellectual Property Office of Singapore has recently announced in its newsletter dated August 14, 2019, that the current practice of examining independent and dependent claims as provided in the Examination Guidelines for Patent Applications (April 2019 version) continues to be in force. This newsletter has been circulated in the light of feedback received by […]

Indonesia – Patent Working Requirement

Since 26 August 2016, all patent holders are obliged to “work” their patented invention in Indonesia, by either manufacturing their patented products or using their patented processes within 36 months from the date the patent is granted – article 20 of Law No 13 2016 on patents (‘the new law’). There are consequences for not […]

INDIA AND JAPAN- BILATERAL PATENT PROSECUTION HIGHWAY

The Indian Patent Office (‘IPO’) and the Japan Patent Office (‘JPO’) have jointly embarked on a Bilateral Patent Prosecution Highway (‘PPH’) pilot program (the ‘PPH program’). Pursuant thereto, applicants can request for expedited examination by complying with the stipulated procedure. Applicants need to bear in mind the following: The number of requests accepted by the […]

The IP (Dispute Resolution) Bill

Legislative amendments bringing broad-ranging reform to the intellectual property (IP) regime in Singapore were tabled before lawmakers in early July 2019, following public consultations in July 2017 and August 2018. The IP (Dispute Resolution) Bill (the IP Bill) has the following overarching aims: (1) The consolidation of civil IP proceedings in the Singapore High Court, […]

Brand Drug Owners Vindicated Against Generics Seeking to Launch Without Declaring Relevant Patents Under Patent Linkage Regime

INTRODUCTION The Singapore Court of Appeal’s judgment in Millennium Pharmaceuticals, Inc v Drug Houses of Australia Pte Ltd [2019] SGCA 31 heralds momentous change in the pharmaceutical sector for brand drug owners seeking to enforce patents against generic competitors. The Court reversed an interlocutory decision of the High Court that made it difficult for brand […]

New Ministerial Regulations in Indonesia

The Ministry of Law and Human Rights (“MOLHR”) ratified the MOLHR Regulation No. 38 of 2018 concerning Applications for Patents (“Regulations”) on 28 December 2018. These Regulations were issued to clarify the provisions of the Patents Law No. 13 of 2016, in particular, Articles 29, 32, 33 (3), 42, 43 (3), 56 and 61 (5). […]