Tag: Condonation of Delay
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Madras High Court Condones Delay in Responding to FER
The Hon'ble Madras High Court holds that the bar on the Controller of Patents to extend the time prescribed for replying to the First Examination Report under Rule 138 of the Patent Rules, 2003 read with sub-rule (5) of Rule 24B, beyond a period of six months, could be relaxed by the Court exercising its jurisdiction under Article 226 of the Constitution of India, if convinced that the situation warrants such condonation. PNB Vesper Life Science Pvt Ltd vs The Controller General of Patents (Madras High Court on 14th March, 2022) The Petitioner is a Research-based Bio-Pharmaceutical Organization, incorporated under the Companies Act, 1956 in the year 2011, involved in the business of developing drugs for the treatment of serious diseases. A patent Application titled ‘Novel Cholecystokini, Receptor Ligands’ was filed by the petitioner before the Patent Office at Chennai. The Patent relates to a drug used in the treatment…
Form 27 – Understanding Form 27 for Patentees and Licensees in the Post-2024 Amendment
Patents grant inventors exclusive rights over their creations for a…
![A detailed legal analysis of a recent patent case. The article explores the interpretation of Section 3(i) of the Indian Patents Act, focusing on diagnostic methods. The court's decision, key arguments presented by the parties, and the technical aspects of the patent are discussed. The judgment emphasizes the distinction between diagnostic and non-diagnostic tests, highlighting the need for a case-by-case evaluation. The article delves into the complexities of patent eligibility, providing insights into the legal reasoning and technological considerations involved in the case](https://acuraip.com/wp-content/uploads/2023/10/Interpretation-of-Section-3i-of-the-Indian-Patent-Act-1970-in-the-Context-of-Non-Invasive-Prenatal-Testing.jpg)
Interpretation of Section 3(i) of the Indian Patent Act, 1970 in the Context of Non-Invasive Prenatal Testing
Introduction The advent of Non-Invasive Prenatal Testing (NIPT) has revolutionized…
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Patent Publications vs Scientific Journal Publications: Understanding the Key Differences
Patent publications and scientific journal publications are two…
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Form 27 – Understanding Form 27 for Patentees and Licensees in the Post-2024 Amendment
Patents grant inventors exclusive rights over their creations for a specific period. In India, patentees and licensees have a responsibility to disclose how…
Recent Discussions
Interpretation of Section 3(i) of the Indian Patent Act, 1970 in the Context of Non-Invasive Prenatal Testing
Introduction The advent of Non-Invasive Prenatal Testing (NIPT) has revolutionized prenatal diagnostics, enabling expectant parents to assess the genetic health of the fetus…