Patents Act 1970

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Cause of action for a Writ Petition in Patent Suit stands independent of “Appropriate Patent Office” Determination under Patent Rules

In University Health Network v. Adiuvo Diagnostics Pvt. Ltd.[1], Madras High Court has held that it shall have territorial jurisdiction to entertain the writ ‘irrespective of the location of the appropriate patent office’[2], which was Delhi. At the time of filing of a patent application, “appropriate office” for that application is ordinarily frozen, i.e. decided based on the place of residence or domicile or business of the applicant(s); or where the invention originated; or based on the address of service of the applicant in India, in case of a foreign applicant.[3] Section 2(1)(r) and 74 of the Patents Act 1970 (“the Act”), Rule 4 of Patent Rules 2003 (“Patent Rules”), and Clause 3.02 of Patents Manual indicate the immense significance of ‘appropriate office’ in the process of prosecution and grant of patent application in India. For instance, all proceedings are conducted from the appropriate office, all communications related to the proceedings are addressed to the concerned appropriate office, among others.Continue Reading Cause of action for a Writ Petition in Patent Suit stands independent of “Appropriate Patent Office” Determination under Patent Rules

INTERPRETING ‘DIAGNOSTIC’ UNDER SECTION 3(I) OF THE PATENTS ACT

Section 3(i) of the Indian Patents Act makes patent ineligible “any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products”. Two recent Madras High Court decisions, in respect of  two separate appeals filed by the same Appellant, Chinese University of Hong Kong [CMA (PT) No. 14 of 2023 and CMA(PT) No. 1 of 2023] have deliberated upon the scope of “diagnostic” under Section 3(i) of the Patents Act, 1970. In both the cases, the Court, held that the word “diagnostic” in Section 3(i) of the Patents Act, should be construed, to consider processes that uncover pathology for the treatment of human beings, as being patent ineligible.Continue Reading Interpreting ‘Diagnostic’ under Section 3(i) of the Patents Act

Patent Licensing in times of Covid-19 Pandemic

The entire world has been grappling with the COVID-19 pandemic for some time now, and efforts are on to find a treatment protocol and vaccine. Several drugs and treatment therapies are being tried and tested to find a cure for this pandemic. In the middle of this fervent R&D activity, some questions come to mind — what about IP protection? How would companies commercialise a cure — if and when it is finally found? How would the cure be available to the public en-masse at affordable prices? Enter patent law and the aspect of Licencing.
Continue Reading To Protect or Not to Protect that is the Question : Patent Licensing in times of Covid-19 Pandemic