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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.

News & Analysis

Patent Application Filing Trend in India

12 April 2022 by Ms. Manisha Singh (Partner) and Dr. Niharika Kumaria (Managing Associate)

The world is facing the wave of coronavirus disease (Covid-19) yet there is an improvement in intellectual property (IP) filing in India with a 6% increase in application for patents and 15% in trademarks.

News & Analysis

Knowledge capital: Speaking of Wolves and vultures!

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

Knowledge capital of an entity dependents on the inventive activity every inventor they hire or have.

News & Analysis

Delhi High Court ruled in favour of Agatha Christie’s celebrated novel “And Then There Were None”

20 January 2022 by Manisha Singh (Partner) and Surabhi Oberoi (Associate)

In the recent case of Agatha Christie Limited vs Registrar of Trade Marks, the Delhi High court quashed the order of the Deputy Registrar of Trade Marks refusing the registration of the trademark “And Then There Were None".

News & Analysis

Draft Rules Governing Overseas Investments: An Overview

17 December 2021 by Mini Raman (Partner) and Angelina Talukdar (Senior Associate)

Overseas Investments by persons resident in India are presently governed by the Foreign Exchange Management (Transfer or Issue of any Foreign Security) Regulations, 2004.

News & Analysis

Decoding patenting of ‘code of life’

25 October 2021 by Mr. DPS Parmar [Former Technical Member (Patents), erstwhile Intellectual Property Appellate Board; Special Counsel, LexOrbis]

One must understand that the patent eligibility of a subject matter such as human gene / gene sequence being a question of law and fact can be decided on case-to-case basis only.

News & Analysis

Patentability of inventions involving usage of radioactive substances?

18 February 2021 by LexOrbis

Patentability of inventions involving usage of radioactive substances?