Intellectual Property Lawyers and Law Firms in India
Tech-Corp Legal LLP, is a leading technology-focused commercial law firm that practices in the dynamic field of Corporate and Technology law in India. Organized as a limited liability partnership (LLP) under Indian law, Tech-Corp Legal, is a LLP of patent attorneys (agents), trademark attorneys, and lawyers registered with State Bar Councils in India and qualified to practice law throughout India. Our practice is centered on a diverse range of areas encompassing various spheres of science engineering, and technology.
We at Tech Corp Legal LLP provide intellectual property services which includes a broad range of domain sectors including life sciences, medical devices, biotechnology, electronic devices, agriculture, diagnostics, polymer science, drugs and drug delivery, genetics, food science, pharmaceuticals, cosmetics, green technologies, chemistry, process engineering, physics, and communication.
Tech Corp Legal LLP is a full-service law firm in India uniquely positioned to provide strategic patent and intellectual property, corporate, contract reviewing and business advisory services. Located in the heart of capital of India, New Delhi and venture capital ecosystem, our techno-legal patent attorneys use their scientific, technical, business and legal expertise to help rising start-up companies, Entrepreneurs and Fortune 100 companies transform business model plans into industry leading enterprises.
Our team of intellectual property and patent attorneys are recognized industry experts in Patent Strategy & Technology Consulting. Our team of lawyers have assisted clients in formulating profitable and sustainable Patent & IP Strategy for international business.
Patent Filing Procedures in India | Patent Protection & Registration in India| How much does it cost to get a patent in India |Obtain Patent Protection and Registration in India | Patent Filing Process Information| Patent Law firm India from Prity Khastgir, Patent Attorney India Intellectual Property Law Firm IPR India
Article source: http://wp.me/p4a35Q-4G
Indian Patent Office recently rejected patent for anti-cancer drug Abraxane filed by US company Abraxis BioSciences. Main ground of rejection was Section 3(d) according to which new forms of known substances are not patentable unless it results in enhanced efficacy over the known substance. Other grounds of rejection included lack of inventive step and insufficient disclosure.
Supplementary Protection Certificate and Patent Term Extensions for Pharma Patents
Owing to specific life term of patents, patent expirations have significant commercial impact. In case of pharmaceutical patents, due to expiry of patents pertaining to famous drugs, sales worth billions of dollar are endangered every year.
As fist published on LinkedIn
Patent protection and patents extension strategies are equally important for pharmaceutical companies. Major goal of pharmaceutical companies is to build strong patent portfolios and subsequently monetize the same.
Pharmaceutical companies employ patent extension strategies to compensate for their R&D investments and regulatory approval costs of new drugs.
Broadly, three major extensions and protections exist, namely, Supplementary Protection Certificates (SPCs), Patent Term Extensions (PTEs), and Regulatory Data Protection (RDP).
One of the main reasons why companies intend for both market exclusivity and regulatory exclusivity is that there exist significant delays between the filing of pharmaceutical patent and approval of marketing authorization. Accordingly, pharmaceutical companies aim to safeguard their innovation efforts by securing balance with generic competitors.
Usually, various jurisdictions have different legal provisions to extend patent rights. Among the three major extensions and protections, Supplementary Protection Certificates (SPCs) are applicable for Europe (EP), Patent Term Extensions (PTEs) are applicable for jurisdictions including United States (US), Japan (JP), Taiwan (TW) etc.
A broad difference between Regulatory Data Protection (RDP) and patent protection is that while RDP protects the compound (active ingredient) that receives market authorization, patent protection is intended for compounds that are defined within the scope of corresponding claims, which may include derivatives, uses, formulations, synthetic processes etc.
Patent protection is generally aimed at stopping infringers from manufacturing, selling, using or importing claimed invention, whereas RDP protects direct or indirect use of clinical data filed in support of market authorization.
Latest legal developments and decisions effect companies strategies to enhance their patent portfolios. For example, companies in European region need to carefully study the impact of major SPC decisions in cases pertaining to Georgetown University, Actavis, Eli Lilly, and the like. Similarly, developments relating to Unitary Patent, Unified Patent Court and latest US patent reforms could also affect such strategies.
Companies should therefore carry out cross-jurisdictional analysis of various legal provisions and latest regulatory developments to plan advantageous extensions of pharmaceutical patents.
Author is a biotech and pharmaceutical patent attorney. Comments and feedback will be highly appreciated.
Follow me on Twitter (@BioPatentLawyer)
Practically in India if a “X” company patented invention is not available at an affordable price to the public at large after two years from the grant date, section 85 of the Indian Patent Act can be invoked to grant compulsory licence.
Therefore, the onus to avoid revocation in India is with the patent assignee to develop methodology to keep the price of medicines cost effective and make it available to the general public.
Protect Your Intellectual Property|Medical Domain Intellectual Property Strategy: Top Companies Filing Patents and Protecting Innovations: Procter & gamble, Novartis & Astrazeneca Classified under IPC A61
Medical Domain Intellectual Property Strategy: Top Companies Filing Patents and Protecting Innovations: Procter & gamble, Novartis & Astrazeneca Classified in IPC A61| Protect Your Intellectual Property Today
International Patent Classification IPC A47 | Patenting Trends in furniture at WIPO | Domestic articles or Appliance domain classified under international patent classification A47
TOP PLAYERS FILING PATENTS CLASSIFIED UNDER INTERNATIONAL PATENT CLASSIFICATION (IPC) A47: MATSUSHITA ELECTRIC IND CO LTD, LG ELECTRONICS INC, TOTO LTD, SANYO ELECTRIC CO LTD, BSH BOSCH, SIEMENS HAUSGERAETE, KOKUYO CO LTD
For technology specific advisory, you can refer to our premium service offerings for Mobile Applications, Social Media & Cyber Laws (CyberCorpLegal) and Pharmaceuticals, Biotechnology, Food & Healthcare (BioCorpLegal).
Join the discussion now:
LinkedIn Group: Dev Academy | LinkedIn
Google Plus: Dev Academy – Google+
Follow us on Twitter: Dev Academy (TheDevAcademy) on Twitter
Follow Dev Academy on Facebook: Dev Academy | Facebook Page
Disclaimer: This post is no way related to Indian Patent office (IPO) or any of its subsidiaries. All the posts/comments are only for general information or use and it should not be relied on as official notice. Every care has been taken to ensure the accuracy of information furnished in this post, authors do not accept any responsibility or liability for any damage or loss arising from the direct or indirect use of the contents provided on this post. We can be reached at info [at] techcorplegal [dot] com.
It is strongly advisable to take professional legal advice and the information presented herein and on this website is personal opinion of the author. Readers are free to share, distribute or disseminate the content of this website by including the text “Copyright 2010-2013, Tech Corp Legal LLP” along with a URL for this web site in each article posted or published elsewhere. The sale or any other commercial exploitation of the content of this website, in whole or in part, is strictly prohibited. More details: Disclaimer, Non-Solicitation & Liability.