Tuesday, May 20, 2008

India: Patent Office decisions now searchable and downloadable

The Indian Patent Office has taken a positive step in training/ educating and bringing transparency in regard to opposition of patent applications.
It has decided to put Opposition decisions on-line.
NOW, the Indian Patent Office decisions are available for every one to read and download.

Please visit this link on the Indian Patent Office's site.
Upon visiting the link, you will see a page that allows searching by 6 options:
a) Patent number;
b) Application number;
c) Applicant;
d) Opponent;
e) Controller &
f) Section number.

Now that decisions are readable and downloadable, I thank the entire Patent Office staff who have put efforts behind this venture. This effort will go a long way in training/ educating IP professionals on how to approach and fight patent oppositions.

TEST: I tried searching for opposition decisions from two Indian companies - Ajanta and Ranbaxy using Internet Explorer. I was able to download results, when clicked on application number hyper-link.

Thursday, March 27, 2008

Roche v Cipla - Delhi High Court Interim Order

The Delhi High Court's Order in the patent infringement case involving Erlotinib, sold as "Tarceva", is a path-breaking judicial pronouncement on the law of interim injunctions involving patents and public health.

The Court recognised, for the first time in India, the need to consider public interest in allowing or rejecting an order of injunction. The American Cyanamid Approach, was followed diligently, again for the first time since its pronouncement by the House of Lords in 1975.
To read further views on Courts' views on injunctions, click here,

The Cipla order rejecting injunction can be found here
and
the order expediting trial, which is a welcome sign, can be found here.
Interesting reading this!

Wednesday, February 27, 2008

Valganciclovir: Ranbaxy files post grant opposition

Mint reports that Ranbaxy has filed a post-grant opposition to the Valganciclovir product patent [IN207232].

Cipla which had earlier stated that it would lodge in a post grant opposition has. as yet, not done so.

This news was posted on the genericIP blog, but I missed putting it here.

Sun opposes Risperidone related patent

Varun had posted this:

Mumbai-based Sun Pharmaceuticals Ltd. has filed a post-grant opposition in respect to Indian Patent No. 208191 issued to Janssen Pharmaceutica N.V. against the mail-box Application No. 188/CAL/1995. The opposition was filed on January 02, 2008 with the Mumbai Patent Office, which last year in July (dated July 20, 2007) published the grant of the ‘191 patent under section 43(2) of the Patents Act, 1970. The ‘191 patent relates to sustained-release micro-particle of risperidone.
After Varun put his post, the media also covered it: here.

My query:
What has got me thinking that if the patent application was filed at Kol patent office, then how was it granted by the BOM patent office?
Once an answer to that comes across, then we can understand the reason behind the Post grant Opposition being filed at the BOM patent office?