EULA-Look before You Leap!

Ever wondered what is the never ending excruciating agreement that pops up just before you are all set to make an e-mail account, install an application or download software? Apparently, all of us click the “I agree” option without paying much heed to what the agreement says. But, this seemingly impenetrable legal jargon is much more than just a worthless set of pages. End User Licensing Agreement or EULA as it is called is a legal contract between you and the software publisher that spells out the terms and conditions for using the software. It defines the relationship between the... Read More

Opposition against Monsanto’s European Patent on a virus resistant Melon Plant variety

Dr. Vandana Shiva, an Indian Environmental Activist has lent her support to “No Patent on Seeds”, a European coalition, in opposing the European Patent EP1962578 granted to Monsanto in May 2011. The Patent claims a melon variety having resistance to Curcurbit Yellow Stunting Disorder Virus (CYSDV) with virus resistance traits taken from melon varieties found in India. The opponents seek complete revocation of the Patent and contend that the Monsanto invention uses conventional breeding methods of crossing and selection to create the new resistant varieties and further contend that this is “bio-piracy” and not invention. The Indian variety has long... Read More

How to Best Protect Patents on New Synthetic Processes and Intermediates in United States: Understanding “Material Change” exception

Here I present another Practice Pointer series, useful for Indian API manufacturers (or to that matter for any country) who are innovating and patenting new and economical processes and novel intermediates thereof and want to capitalize on US Market. The Article will discuss the infringement under the United States Process Patent Legislation and judicial decisions with particular focus on “material change” clause post which brief practice pointer would be discussed to best protect and enforce the US process patents. What is “Material Change” exception? § 271(g) of the Process Patent Amendment Act (PPAA) of United States says, “Whoever without authority... Read More

Practice Pointer: Form 27 Requirement in India (Statement Regarding the Working/Non-Working of Issued Patents)

It is needless to say that one core mandate of protecting one’s intellectual property is to promote the progress of science for the benefit of humankind. At the same time, it is also important to ensure that a patentee’s right of excluding others from making, selling, using, offering to sell, and importing the protected subject matter is not misused and does not lead to non-practicing or non-commercialization of the IP by anyone, which would defeat the abovementioned purpose in entirety. One such tool for the Indian Patent Office, to prevent misuse or rather non-use of patented inventions is to seek... Read More