News and features


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News & Analysis

Product Hopping and Ever-Greening of Patents in India

20 April 2023 by LexOrbis - Arun Kumar (Managing associate)

The Indian pharmaceutical market is one of the largest markets in the globe, both in terms of production and consumption. Several changes have been made to the patent and competition law due to the increasing challenges in the pharmaceutical market that directly impact the profit margin of pharmaceutical manufacturers. To increase these margins, pharmaceutical product manufacturing firms employ a variety of strategies. This article investigates the concept of “product hopping” and compares it with the practice of patent evergreening.

News & Analysis

Resolving the conflict between section 3(d) and section 3(e)

23 March 2023 by LexOrbis - DPS Parmar

It is generally known and understood that every exception in the act should stand on its own footing. Two seemingly similar provisions in legal sense cannot lean back on one another to fortify the argument favouring the exception or otherwise. This seemingly sound argument suffers the close scrutiny of the Delhi High court in Best Agrolife Limited v Deputy Controller of Patents & Anr (WP(C)-IPD 11/2022 & CM 32/2022, 54/2022, 55/2022).

News & Analysis

Opportunity to Avoid Abandonment of Trademark Applications

15 February 2023 by LexOrbis - Manisha Singh & Omesh Puri

The Office of the Controller General Patents, Designs and Trademarks, India issued two public notices dated February 06, 2023, to deal with trademark applications pending before all their offices and expedite their disposal. Both public notices deal with the prosecution of trademark applications that were pending for mandatory actions on behalf of the Applicants in respect of either filing response to the examination report or filing of counterstatement against a notice of opposition.

News & Analysis

Missed deadline: Remedy under the Indian Patent Laws

07 February 2023 by LexOrbis - Manisha Singh (Partner) & Krishna Goyal (Associate)

The process to obtain a patent entails multiple stages from the filing of a patent application to the grant of the patent. There are various deadlines associated with each of these stages, such as the date of filing an application for the grant of patent and the date of filing the Request for Examination (RFE). The Indian Patent Office is very stringent for adherence to these deadlines, and failure to meet them may result in the rejection of a patent application. Thus, it is very important for a patent professional or an Applicant to cautiously meet the to avoid any adverse effect on the application. This article covers the consequences and remedies under the Indian patent laws in case any deadline associated with the patent application is missed.

News & Analysis

Relooking Section 3(d) Through Judicial Lens

24 October 2022 by LexOrbis - DPS Parmar

Patentability of derivatives of known substance particularly drugs find a tough and bumpy road at Patent office in India since the introduction section 3 (d) amendments in 2005.This amendment remain the hall mark of the shift of Indian patent regime from process patent to product patent particularly for food drugs and chemicals.

News & Analysis

Issues in Acknowledging Rights of AI Entities in the Existing Legal Framework

23 September 2022 by LexOrbis - Joginder Singh (Partner) & Piyush Sharma (Associate Partner)

In our routine life, AI entities have found a prominent place in the form of virtual assistants. Siri, Alexa, Google Assistant, and Bixby are prominent examples of the presence of AI in our daily lives. Moreover, smart electronic appliances, such as Air-Conditioners, Refrigerators, Chimneys, and Television have also imbibed AI to offer preference-based operation for the convenience of the end-user. One of the most ground-breaking applications of AI is found in autonomous cars, which have recently been garnering a lot of media attention. Therefore, knowingly or unknowingly, AI has become an essential part of our lives and it is quite evident that its presence and our dependence on the same will increase in the years to come.

News & Analysis

Recent developments at the Indian Patent Office related to filing of sequence listing as per the WIPO standards

30 August 2022 by LexOrbis - Manisha Singh (Partner) & Shikha Singh (Managing Associate)

As known by many in the Intellectual Property industry the WIPO was working on the tool named “WIPO sequence” since 2020. Its first stable release was launched on April 7, 2020, followed by two consecutive releases till the final version i.e. WIPO Standard ST.26 went live on July 01, 2022. As soon as this tool was launched all the PCT countries including India recognized its importance. Consequently, the Indian Patent Office on 17th June 2022 issued a public notice informing all the stakeholders that all Sequence Listings that are part of an international application filed on and after 1st July 2022 under the Patent Cooperation Treaty must be compliant with WIPO Standard ST.26.

News & Analysis

Disclaimer as an instrument of amendment under Section 59

23 August 2022 by LexOrbis - DPS Parmar

In normal circumstances a patentee/patent applicant resists and rather abhor curtailing or pruning of the claims of their invention. The recourse to the use instrument of disclaimer is adopted by the patent applicant/patent in extreme cases where the objection to clarify the exact scope of the invention is called into question, when they are faced with the refusal /invalidity of their patent claims.

News & Analysis

Cocrystallization of drugs: A new hope for medical engineering

01 July 2022 by DPS Parmar [Former Technical Member (Patents), erstwhile Intellectual Property Appellate Board Special Counsel, LexOrbis]

It is known that certain crystals can coexist as supramolecular synthons. Since the discovery of the first cocrystal of urea with NaCl in 1773 a lot has changed. In 1844, the first cocrystal of the 1:1 ratio between Benzoquinone and Hydroquinone (Quinhydrone) was obtained.

News & Analysis

Make way for Non-Traditional Trademarks

23 May 2022 by Malyashree Sridharan (Associate Partner) and Vibhuti Sharma (Associate)

Most of us are aware that there are several types of trademarks, some traditional marks such as names, words, logos, abbreviations, and some non-traditional marks, such as colour(s), combination of colours, sound, shape of goods, patterns, etc.