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News & Analysis

Discovery vs Mere Discovery under Patent Law

11 September 2023 by LexOrbis - DPS Parmar

The term discovery is used in Section 3 (c) and Section 3 (d) of the Patents Act 1970, but it is not defined under the act and the Patent Rules 2003

News & Analysis

Civil Court Lacks Jurisdiction to Determine Validity of Registered Plant Variety

03 August 2023 by LexOrbis - India : Manisha Singh (Partner) & Neha Ruhela (Senior Associate)

In India, the protection of plant varieties is outside the purview of the patent system.

News & Analysis

mRNA Vaccines: A Breakthrough Technology

11 July 2023 by LexOrbis - India: Manisha Singh (Partner) & Vaneet Kaur (Senior Associate)

RNA molecules have been utilized as therapeutic and research tools for more than two decades, with the usage ranging from in vitro transcribed (IVT) mRNA, small interference RNA (siRNA), RNA aptamers, riboswitches, and antisense RNA to the recently developed mRNA vaccines.

News & Analysis

Patenting Molecular Diagnostics

17 May 2023 by LexOrbis - DPS Parmar

The patent eligibility in every jurisdiction differs in content and form. It perhaps finds its justification in the stage of development the country is placed in relation to inventions of new technology or its adoption by the state technology groups.

News & Analysis

LexOrbis Successfully Hosts 5th edition of the AIPLA Women in IP Global Networking Event 2023

09 May 2023 by LexOrbis - India

On April 28, 2023, the India Habitat Centre in New Delhi was abuzz with over 100+ women professionals from different segments, all in attendance for the Women in IP Global Networking Event 2023 hosted by LexOrbis on behalf of the American Intellectual Property Law Association (AIPLA).

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

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.