In a significant ruling on the patentability of pharmaceutical combination inventions, the Delhi High Court set aside an order from the Indian Patent Office refusing the grant of a patent for a triple-drug combination used in cancer treatment, under Indian Patent Application No. 450/DELNP/2015, titled "Pharmaceutical Combination Comprising a BRAF Inhibitor, an EGFR Inhibitor and Optionally a PI3K Alpha Inhibitor. Aggrieved by the rejection from the Indian Patent Office, th

Introduction Trademark registrations rarely lapse due to deliberate abandonment. More often they are lost quietly, because a renewal notice went to the wrong desk and nobody was left to answer it. That is essentially what happened to the mark “B.P.R.”, used since 1979 and registered in 1999, and it eventually brought Rajinder Singh to the Delhi High Court, more than six years after his registration lapsed for want of a notice that never reached him. The judgment is barely a d

Deliberating and dissecting the provision of Section 107- A, the Madras High Court has delved much deeper in explaining the Bolar exemptions in a post-trial judgement in the case of Novartis Ag. v Venkata Narayana Active Ingredients Pvt. Ltd. The Court decreed patent infringement holding that the defendant Venkata Narayana Active Ingredients Pvt. Ltd's manufacture and export of Vildagliptin API used for treating type-2 diabetes infringed Novartis's Indian Patent No. 212

In a significant judgment, the Hon'ble Bombay High Court has set aside an order refusing Deepak Nitrite Limited's patent application, reiterating that patent refusals under Section 15 of the Patents Act must be supported by cogent reasoning, proper inventive step analysis, and identifiable evidence, particularly where the Controller relies on "common general knowledge." Background The petition concerned Patent Application No. 202021019409 titled "A Free-Flowing Food Grade Sod

Introduction In many instances, a cross-border distribution agreement can create an interesting trademark issue: A foreign manufacturer allows an Indian party to register and use the trademark in India and the Indian party develops goodwill based on such trademark registration and then the relationship goes sour between them. The question is then whether the rights of the first user of the mark overseas and who has continued to supply goods in India is superior to the rights