Author is an Advocate and Registered Patent And Trademark Attorney with Aswal Associates and handles IPR division of the firm and is having the vast experience of having being associated with various premier IPR firms of India in the past. The author is also a member of APAA
The Government of India is finalising a system that will prevent generic manufactures from getting marketing approval to sell patented drugs in India. As a result the generic companies may no longer get market approval for launching generic versions of drugs in respect of which a Patent Grant is in force in India. Drug Controller General of India will seek list of patented drugs from the pharma companies about the valid patents rights in India and shall prepare a data base of such patents, after which no marketing approval shall be given to their generic versions till such patent right is in force in India.
Such a move will avoid infringement and counter claim litigation in respect of pharma companies in Indian Courts and will require that generic manufactures file Post Grant/ revocation proceedings before the Patent Office etc. and only after their claim is declared successful, they can claim for marketing approval for generic versions. Further, to delay grant of Patent rights the generic companies will file number of Pre grant oppositions so that no patent is granted or at least grant of Patent is delayed. This system will be ineffective where a marketing approval has already be granted by Indian Authority, in such a case the effective remedy will be to initiate infringement proceedings against the infringer.
Now, the Pharma companies entering India have to be more careful as they can be assure that all possible measures shall be taken by the generic companies to delay their Patent Grant in India. Moreover, no pharma company would like that their Patent application is successfully opposed because of inefficient Attorneys that failed to plug the loop holes. In India, there are a number of IPR firms doing Patent works, which are not proficient with the legal interpretation of statue as they lack Attorneys with effective court experiences and fail to legally safeguard all interest of client. Most glaring example being the way the Pre grant opposition in respect of Novartis and LG Life Science were handled by the famous IPR firms in India.
Apart from above, the innovative pharma companies round the globe require that the time for filing and disposing pre grant opposition be reduced or at least fixed in India, so that the application can proceed towards grant at the earliest and this proposed system can be used efficiently by the companies.
- Related Videos
- Related Articles
- Ask / Related Q&A
- India Patent Law
- New Draft Manual of Patent Practice and Procedurepatent Office, India (2008)
- Pct Filing in India
- Extensive research and analysis of Offshoring Patent Services to India - Bharatbook.com
- Extensive research and analysis of Offshoring Patent Services to India - Bharatbook.com
- Patent registration in India
- The Product Patent Rule in India
- SAMSUNG CHALLENGES CONSTITUTIONALITY OF INDIA'S CUSTOMS REGULATIONS GOVERNING IMPORT OF IP GOODS
How to Patent and Idea
By: Russ Williams | 25/11/2009Learning how to patent an idea is often the first step in the invention and patent process for new inventors. When inventors contact my company, InventionHome.com about the patent process and learning how to patent an idea, we believe they should start by learning about provisional patent applications vs. utility (non-provisional) patent applications.
The answers to all your prototype questions!
By: Russell Williams | 18/11/2009In this article I will discuss the three most popular questions I receive when it comes to a prototype. What is a prototype? Should I develop a prototype? Reasons to develop a prototype.
Steps to Conduct a Patent Search
By: John Mathew | 10/11/2009A patent refers to the right granted to an inventor for discovering any new machine, useful process or a manufacturing item.
Can I really sell my idea?
By: Russell Williams | 06/11/2009Yes; however, it is important to understand what you need to have in place to increase your odds of success. As you move your idea through the invention and patent process, your odds of success increase as your idea becomes more tangible and real.
Company Incorporation -The Procedure for Incorporating A Company in India
By: chaman | 28/10/2009Company incorporation is the act of making an official application to Companies House to create a company, which is well known the process of formation or process of incorporation. Full company name, the officers of the company and the principal address of the company on the register of companies held at Companies House are required to formalize the formation of a company.
Will Riches Come From Your Invention Submission
By: Oli Osorhan | 27/10/2009Overcome the barriers of making money from your revolutionary idea. The 4 barriers that stand in your way of obtaining a patent and selling it.
What is the difference between an idea and an invention and how do I properly document my idea?
By: Russell Williams | 26/10/2009The dictionary defines an invention as “a device, contrivance or process originated after study and experiment.” An idea is defined as “a formulated thought or opinion.”
What do I need to think about first in taking my idea to market?
By: Russell Williams | 21/10/2009Many inventors believe that they need to spend tens of thousands of dollars developing and manufacturing their ideas on their own to succeed, which is why you read so many stories about inventors who spent their life savings chasing an invention. While manufacturing is one option for certain inventors, it is not the most common option and certainly not the least risky.
Supreme Court of India adjudicates on dichotomy introduced for the first time by the Patents (Amendment) Act, 2005, in the Patent Law
By: Sudhir Kumar | 20/10/2009 | PatentsSupreme Court of India in its civil appellate jurisdiction adjudicated on a Patent dispute titled J. Mitra & Co. Pvt. Ltd. versus Asst. Controller of Patents & Design. & Ors.The Supreme Court granted the leave and directed the High Court to adjudicate the matter in interest of justice for only two appeals of such kind were pending in the High Courts. The special circumstances arises because of dichotomy introduced for the first time by the Patents (Amendment) Act, 2005
PATENT FILING REQUIREMENTS IN INDIA
By: Sudhir Kumar | 16/06/2009 | PatentsTo minimize the cost of Patent filing and prosecution in India, there are number of things an attorney should take in to account. In the event you are filing a PCT national phase application, provide your associate in India following information:
SAMSUNG CHALLENGES CONSTITUTIONALITY OF INDIA'S CUSTOMS REGULATIONS GOVERNING IMPORT OF IP GOODS
By: Sudhir Kumar | 07/04/2009 | Intellectual PropertySamsung India Electronics Pvt. Ltd, Indian arm of Samsung Electronics Co. Ltd has challenged the constitutionality of India's customs regulations governing the import of IP goods in Delhi High Court by filing a writ petition. Samsung India is aggrieved by action of the Indian customs department that is not clearing its imports of dual-SIM-card mobile phones in view of application for registration of patent rights filed by the patentee in respect of similar technology with custom office.
Tradedress and Its Interpretation by Courts in India
By: Sudhir Kumar | 05/02/2009 | Intellectual PropertyTrade dress refers to characteristics of the visual or sensual appearance of a product that may also include its packaging which may be registered and protected from being used by competitors in relation to their business and services. The characteristic includes their shape (3 dimensional), packaging, colour, graphic design or even the smell of the product.
Yahoo!’s Yodel First Sound Mark Granted in India
By: Sudhir Kumar | 17/09/2008 | TrademarksYahoo!’s yodel became the first sound mark to be granted by Indian Trade Marks Registry. As per the provision of the Indian Trade marks Act a ‘Trademark’ means a mark capable of being represented graphically and which is capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others. It also denotes the origin of goods and carries goodwill of the business in respect of which it is used.
Patent Application for Pediatric Anti-aids Drug Nevirapine Rejected
By: Sudhir Kumar | 17/09/2008 | PatentsPatent office of India located at New Delhi rejected a patent application by German drug major Boehringer Ingelheim claiming syrup form of anti-AIDS drug nevirapine. The base salt i.e. Nevirapine was invented in 1989 by Boehringer Ingelheim and was not patented in India. Later on Boehringer Ingelheim filed an application for registration of syrup form of anti-AIDS drug nevirapine. After publication of application in the Indian Patent Journal the Indian Network of People Living with HIV/AIDS
Supreme Court Allows Appeal of Entertainment Network (india) Ltd. “radio Mirchi” and Refers Matter Back to Copyright Board for Compulsory License
By: Sudhir Kumar | 17/09/2008 | CopyrightM/s Entertainment Network (India) owner of FM Radia “Radio Mirchi” Ltd filed an appeal in the Supreme Court against M/s Super Cassette Industries Ltd owner of “T-Series” brand. The matter involved interpretation of Section 31 of the Copyright Act, 1957. Supreme Court was of the opinion that the order of the Board should be set aside and the matter be remitted to the Board again for the consideration of the matter afresh on merit and on those terms appeal was allowed.
Supreme Courts Bars Challenge to “peter Scot” on Principles of Acquiescence And/ or Waiver
By: Sudhir Kumar | 17/09/2008 | TrademarksKhoday Distilleries Limited (Now known as Khoday India Limited) filed an appeal against judgment and order dated 12th October, 2007 passed by a Division Bench of the High Court of Judicature at Madras in Trade Mark Second Appeal (TMSA) No. 2 of 1998 affirming the judgment and order dated 25th September, 1998 passed in T.M.A. No.3 of 1989 whereby and whereunder an appeal preferred by the appellant herein under Section 109 of the Trade and Merchandise Marks Act, 1958 arising out of an order date