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Patent Filing Law Firm India

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Disclaimer

This blog does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create any business relationship. This blog is the personal weblog of the Authors; not edited by the Author’s employers or clients and, as such, no part of this weblog may be so attributed. This blog will always strive to be unbiased in its reporting. Though posts on this blog are thoroughly scrutinized before posting but should be double-checked for their accuracy and current applicability.

Drug Patent Search – Chemical Patent Attorney

IP Strategy for Drug Patent Search

What should be the strategy for drug patent search?

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As reported by WSJ, facing mounting criticism by President Trump about prices, drug companies have put some limits on their increases this year. As it is well known, prescription-drug makers traditionally raise list prices in January. This year, they didn’t raise prices for as many drugs as last year and imposed fewer boosts of 10% or greater, according to an analysis by the investment firm Raymond James & Associates.

New Drug Development – Patent Protection

As drugmakers pushed back against rising criticism over sky-high U.S. prescription drug prices, one pharmaceutical company went public with a pledge. Brent Saunders, CEO of Botox maker Allergan PLC, last September announced a new “social contract” under which the company would limit annual list price increases for its drugs to below 10 percent. Mr. Saunders stated that limiting price hikes forces companies to stay sharp and competitive in innovation and operational excellence. Specifically, pharmaceutical companies stay focused on their pipeline with (patent expirations) in mind, so if their big drug’s patent is ending, they need to formulate three to four R&D programs that, if successful, can cover such patent expiration and provide growth.

Strategy for Drug Patent Search

Traditionally, product and process patents in pharmaceutical sector are obtained with special emphasis on chemical structure patent search technique to determine the patentability of the pharmaceutical drug. Performing a structure based chemical search ensures broadest list of patent results. For example, review the patent search string below. The second drug patent search string provides more than sixteen thousand results for a drug molecule say “X”. Combining the CHEM (chemical structure based search) with other key string parameters can be helpful to perform the drug patent search.

Following example illustrates different parameters to consider while performing drug patent search (Molecule “Y”) for pharmaceutical medicine:

Pharmaceutical Patent Process

Once the patent search is conducted to determine the novelty of the drug process and product (medicine) before filing for patent, laboratory tests are performed to determine synergistic properties of the medical composition and collect scientific data for the same. This process is highly regulated and different countries follow distinctively comprehensive procedure for the same.

Thereafter, patent claims are written to cover both the process of manufacturing the drug and associated medicine products are claimed in separate patent applications. Subsequently, the scientific data description illustrating the synergistic properties of the medical composition in the patent application is provided to regulatory authorities and corresponding patent applications are filed along with request of examination, in accordance with the local patent laws.

Pharmaceutical Products’ Manufacturing – Indian Perspective

The end goal of research and patent grant is to provide affordable medicines to everyone in India. There is a compulsory licensing clause that has been used to allow manufacturing of patented products at affordable prices in public interest in India. Section 84 is applicable and an application for compulsory license on a patent can be made if reasonable requirements for the public with respect to the patented invention have not been satisfied, or if the patented invention is not available to the public at a reasonably affordable price.

Over the years, the Indian legal system has strictly followed the patent law and working requirements of patents in India. The approval of compulsory licensing for a drug is an exception rather than a rule. If a compulsory license of manufacturing a drug is granted by the Indian patent office, a royalty is paid to the patent holder (on agreeable terms between two parties). In recent years, the drug approval process in India has been expedited to keep up with the public demand and provide affordable healthcare to individuals. The Indian pharmaceutical law is now more clear and defined. To know more about drug patent expirations in 2017: click here.

About the Author

Prity Khastgir manages the Pharmaceutical and Biotechnology Patent Practice at Tech Corp Legal. Ms. Khastgir is a Patent attorney and intellectual property lawyer with 11+ years of experience in Biotechnology, Pharmaceuticals, Healthcare, Medical Devices, Drug Patent Search and Chemicals in international markets (US, Europe, Asia Pacific and MENA region).

Ms. Khastgir manages, Direct representation of parties before WIPO and IPO, Coordination and management of Global IP Prosecution and Litigation matters with patent lawyers worldwide, Global IP Strategy and development of Intellectual Assets, Drafting, reviewing and negotiating IP and Technology Agreements (Licensing, Technology Transfer and Collaboration Agreements), Strong patent claim drafting, preparation and prosecution skills for international applications filed before USPTO, EPO, WIPO, UKIPO, MyIPO, IP Australia, IPOS etc.

She has extensive experience in Pharmaceutical Patent Practice for patent searches, invalidation analysis, Freedom-to-Operate (FTO) and product clearance studies, patent infringement reports, claim charts, formulation development, analytical methodologies, regulations and new product development.

Top Healthcare Innovations in 2017, Drug Patent Search: Article Source

How to get medicine drug patent in India?

Step by step procedure to get medicine drug patent in India

  1. Step 1: Conduct Patent search to determine novelty of the drug process and product (medicine)
  2. Step 2: Perform lab test to determine synergistic properties of the medical composition.
  3. Step 3: Write patent claims to cover both the process of manufacturing the drug and claim the medicine product.
  4. Step 4: Provide the scientific data description the synergistic properties of the medical composition in the patent application.

How to get medicine drug patent in India, get medicine drug patent in India

Patent Objection for Pharma & Drug Products Indian Patent Law Explanation
Indian patent law section 3e explained The mixture of drugs should exhibit some unexpected results or synergistic properties in their action. Once proved with scientific data in the patent description such composition can be considered as patentable subject matter and can overcome indian patent law section 3e.

To read more click here

Your Patent Strategic Partner in India

Prity Khastgir is a Biotech and Pharmaceutical Indian Patent Attorney at Tech Corp Legal LLP, an Indian Intellectual Property law firm based in New Delhi. She advises clients regarding freedom to operate (FTO) studies for their new product or service and search for possible foreign IP rights that could be infringed. Patent clearance searches are rapidly becoming a necessity for any technology company to enter in India and in any other foreign country. Having multi-jurisdictional experience gives her clients insights in protecting and enforcing their intellectual property rights in several countries.

Trademark objection reply in India

What data to include in trademark objection reply in India?

trademark objection reply in India, trademark IPR firm in India, trademark attorney India

Attention All Trademark Owners who filed Trademark applications in India

According to trademark notice issued by Trade Marks Registry in India, it has identified many trademark applications filed before December 2016 failed at 1st stage of formality check pass. Therefore, those trademark applications have not been examined in India due to compliance issues ( For example, not filing Stamped Power of Attorney (POA)  while filing the trademarks in India). To view the trademark notice click here

The list of filed Trademark applications has been published as follows:

  • Annexure I: Incomplete digitization of the filed Trademark
  • Annexure II: Trademark applications failed in formality check during examination and have been pending for compliance with the office direction.

The Trade Marks Registry in India has directed the trademark attorneys and brand agents to comply with the pending issues for the trademark applications that have failed in Formality check. As a trademark owner you should check if your brand is in this list click here.  Refer the details of trademark filing deficiency and requirement raised by the trademark office.  The trademark applicants should email at pendingexam.tmr@nic.in, with brief details of such brand applications to remove existing objection and comply with the same.

Example of Trademark compliance issue in India

While taking up the above application for examination under the provisions of Trade Mark Act, 1999 and Trade Marks Rules 2002, it is observed that trademark application could not proceed to examination because of the following reason/s:
* Power of Attorney (TM-48) is not found enclosed along with the trademark application.
* You are required to provide TM-48 with necessary stamp duty..

Therefore, trademark applicants and their trademark agents should include the following details while mailing at pendingexam.tmr@nic.in and and send the hard copy to the concerned office of Trade Marks Registry

  •  Full and complete Reference Letter No. and date,
  • Trademark application number and the class to which it relates.

To read more: click here

Any questions? Get Trademark Registered in India

Steps in process of pursuing patent in marketing management

Why to file patent to protect new marketing management tool?

Patent in marketing management can be filed for the system embodying the new features.

can you patent an app idea patent india computer related invention.png

Get Patent for New Products in 5 steps: http://www.techcorplegal.com

What steps to apply to get a patent for innovative idea in marketing management domain?

The five step process can simplify the procedure to apply patent and protecting your invention from being copied

  1. Understand your Idea. Ask yourself WHAT problem your invention is solving. The first step in how to get a patent is to pen down your thoughts and features / elements of your INVENTION to work.

  2. The second step in how to get a patent is to research your invention. Conduct your own personal market research. Google your idea online :)

  3. The third step in how to get a patent is to select the type of  patent protection (design patent, utility, non-provisional, provisional patent).

  4. The most important step is to write the patent claims. The scope of the INVENTION is defined by the patent claims.

  5. Wait for patent examiner response who will question the patentability of  INVENTION in terms novelty, non-obviousness and industrial applicability.

To learn more: Why to file a patent for Idea click here

Frequently Asked Questions in Patents

Patent Question of the day

Can I file otp verification patent in marketing management sector?

Well, it depends on many factors. OTP FEATURE is just one element of the whole system. You should write down the other features of the idea.  Draw a flow diagram of the process to understand the CRUX of the invention. Do a patentability search online. Talk to patent lawyer to have in-depth analysis.

If you have any patent related questions fill in the contact form below for more clarity. Happy patenting :)

Intellectual Property Creation – Patents for Tech Startups

Intellectual Capital

Investing in creation of intellectual capital during initial stages results in valuable intellectual property (IP). Such IP can be monetised by way of B2B licensing and technology transfer, thereby creating additional revenue streams. IP portfolio usually comprises patents, trademarks, copyrights, designs and trade secrets, collectively contributing towards intellectual capital of the business.

Read more here.

Oracle's $1.3 billion infringement bid rejected #copyright #sap #oracle

Joshi Prabhakr Anant, Joshi Salil Prabhakar was Granted Patent For A Lock Assembly Published By Indian Patent Office On 14/11/2014 U/S 43(2) Of The Indian Patent Act, Indian Patent News, #Indiapatent

Patent Granted For A Lock Assembly Published By Indian Patent Office

International Patent Grant Intellectual Property Rights

Joshi Prabhakr Anant, Joshi Salil Prabhakar was Granted Patent For A Lock Assembly Published By Indian Patent Office On 14/11/2014 U/S 43(2) Of The Indian Patent Act, Indian Patent News, #Indiapatent

We at Tech Corp Legal LLP regularly POST such updates with details of International Patent Laws, and International Patent Procedures. Our team is proficient in services related to International Patents, PCT Filings, PCT National Phase in India, Patent Searches, Patent Drafting Services, Patent Claim Construction, Patent Drafting From Invention Disclosure Form, Patent Drafting to Indian Companies, Patent Draft for foreign inventors, Patent Oppositions, Pre-grant Patent Opposition in India, Post-grant Patent Opposition in India, Patent Infringement in India, Patent Drafting in India, USPTO Patent Drafting, EPO Patent Drafting, Patents, Trademarks, Copyrights, Designs, Domain Names, Geographical Indications, Layout Design of Semiconductor Integrated Circuits, Enforcement of Intellectual Property Rights etc.

Indian Patent Office publishes patent by way of official patent journal, which is published every week on Friday. We at Tech Corp Legal LLP, an International Law Firm headquartered in New Delhi, India, regularly post crucial details of published patents with details of Indian Patent Laws, Indian Patents Act and Indian Patent Procedure.

According to the Controller General of Patents, Designs & Trade Marks  the disclosure provides a Lock operable with a dedicated key.

Granted Patent For A Lock Assembly Published By Indian Patent Office

International Patent Filing in India FAQ

Does an International Patent Application filed under Patent Cooperation Treaty (PCT) designating India be treated as a patent application for grant of patent under the Indian Patent 1970 Act?

Yes, an international patent application filed under Patent Cooperation Treaty (PCT) designating India shall be treated as a patent application for patent under the Indian Patent Act if filed within 31 months from the earliest priority date of the patent application before the Indian Patent Office.

Will filing a patent application under PCT grant worldwide patent protection?

No, the Patent Cooperation Treaty (PCT) patent application doesn’t provide universal or worldwide protection for a claimed invention. The international patent application only provides interim way out to extend the time line for filing the patent application in other foreign countries. The time available under Paris Convention for securing priority of the patent application in other countries is 12 months from the date of initial filing. Under the Patent Cooperation Treaty (PCT), the time available could be as much as minimum 20 and maximum 31 months in case of India. Moreover, a patent inventor is also benefited by the international search report prepared under the PCT system to be sure that the claimed patent invention is novel and non-obvious to a person skilled in the art. The patent inventor can also select for preliminary examination before filing in other foreign countries to be very positive about the patentability of the claimed invention.

Required Details and Patent forms for filing of Patent Application in India | National Phase Patent Filing in India (PCT)

  1. Complete Patent Specification including patent claims (Patent Form 1, Patent Form 2, Patent Form 3 and Patent Form 5)
  2. Patent Drawings (if any)
  3. Patent Priority Documents
  4. Patent Abstract
  5. International Search Report (ISR)
  6. International Preliminary Examination Report
  7. WIPO Patent Publication
  8. Power of Attorney

 To read more on Filling International Patent Application under National Phase in India before Indian Patent Office: Click Here

To read more on Prior Art Searching in India: Click Here

Visit our Business Blog homepage: http://research.techcorplegal.com/

International Technology Business & Patent Law Firm in India: Patent Drafting, Patent Drafting Services, Patent Claim Construction, Patent Drafting From Invention Disclosure, Patent Drafting in India, Patent Draft, Patent Searching, Patent Filing in India, PCT National Phase Filings in India: http://www.techcorplegal.com/

International Business & Management Company in Singapore: Starting a Business in Singapore: http://www.techcorpgroup.com/ Contributors: Prity Khastgir and Rahul Dev We regularly update our Facebook page and share similar stories on Twitter. You can also check out our premium service offerings for Mobile Applications, Social Media & Cyber Laws , Pharmaceuticals, Biotechnology, Food & Healthcare and Starting a New Business in Singapore| Singapore Business Guide

To know more about us, get connected with us on LinkedIn or mail us at info [at] techcorplegal [dot] com

Disclaimer

Tech Corp Legal LLP presents a summary of patent specifications with associated drawings for journalistic news purposes as each such patent application is disclosed by the Indian Patent Office in the official patent journal. Full text of any patent specification should be read in its entirety for full and accurate details by downloading the patent specification from the Indian Patent Office website. Tech Corp Legal LLP is no way associated with the above mentioned company/individual(s) in any manner whatsoever. About Comments: Tech Corp Legal LLP reserves the right to post, dismiss or edit comments.

US-based Intellectual Property Owners’ Association delegation will be meeting the Indian intellectual property office (IPO) officials

US-based Intellectual Property Owners’ Association (IPOA) delegation will be meeting the Indian intellectual property office (IPO) officials, Intellectual Property Appellate Board (IPAB) members, judiciary and judicial staff of high courts. It would be interesting to note the outcome of the meetings. However, it would be interesting to note whether the US pharma lobby will be able to influence the way India’s patent offices and judiciary interpret India’s patent law.

India amended its patent act in 2005 to comply with World Trade Organisation (WTO) agreement to introduce pharmaceutical patents protection for 20 years on medicines. However, in the interest of public health and providing affordable healthcare across the globe the Indian patent act included provisions like section 3(d) to prevent pharmaceutical companies from seeking patent extensions by modifying existing drugs and stop patent evergreening process. Over the years, numerous Intellectual Property Owners’ Association (IPOA) member entities have challenged section 3d. 

In my view meeting with the patent officials will provide the Intellectual Property Owners’ Association (IPOA) members better overview on how to draft the pharmaceutical patent applications to be filed in India. The pharma and medicine based innovations should include data related to therapeutic efficacy to obviate section 3d of the Indian Patent Act. However, it is surprising to note that the Intellectual Property Owners’ Association (IPOA) members are being allowed to meet the judiciary. In a recent case the Supreme Court seriously viewed the allegation of 2G scam accused and coal scam accused meeting the CBI director Ranjit Sinha.

 

Intellectual Property Law Firms in India| IPR Law Firm

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

 

 

Patent News and Technology Law Updates – 2014 – July 05

Article source: http://wp.me/p4a35Q-4G

On June 12, 2014, Tesla announced a bold move of opening up its patents. Tesla’s press releasstates, “Yesterday, there was a wall of Tesla patents in the lobby of our Palo Alto headquarters. That is no longer the case. They have been removed, in the spirit of the open source movement.”
 
Full blog from Tesla may be read here.
 
electric car patent attorney
 
Tesla’s Patent Strategy is a Disruptive Business Move to Expand & Lead the Market of Electric Cars. Here other examples of free patent and technology licensing may be seen, including patent licensing by companies like Syngenta Seeds AG (Golden Rice), Boehringer Ingelheim (HIV Drug Patent License), Alnylam and GSK(Neglected Tropical Diseases), HP (Battery Recycling Patents) etc.
 
Recently, Oklahoma and Louisiana enacted Social Media Password Protection Laws after Wisconsin and Tennessee, a major update from US legal news.


social media lawyer law firm patents


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.
pharmaceutical drugs patent biotech lawyer attorney law firm
 
Some networking tips and experiences after attending patent attorneys conference in Munich and technology conference in Asia (Echelon 2014), where one of the attendees was Facebook co-founder Eduardo Saverin.
 

 

 
About the Author: Rahul Dev
 
Advice for Contacting
 
Engagements: Contractual Consulting, Hourly, Project Based
 
Contact Mode: LinkedIn or directly message here

Patent Term Extensions and Supplementary Protection Certificate for Pharma Patents

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 term extensions (PTE) Supplementary Protection Certificates (SPC) European countries

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)

 

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