Understanding Gene Patenting

We are sure that all of you must have learnt about the latest US Supreme Court decision in Association for Molecular Pathology V. Myriad Genetics on June 13, 2013, which has ended the long brawl of 5 years. Yes! the sole provider of BRCA1 and BRCA 2 tests, Myriad Genetics Inc., has lost the battle. Myriad had enjoyed sole monopoly over testing services for BRCA1 and BRCA2 in the United States, since the grant of 2 genes in 1990s. On May 12, 2009, The American Civil Liberties Union and the Public Patent foundation sued the US Patent and Trademark Office,... Read More

Day of reckoning for domain name bullies!

Eversince the advent of the Domain Name System, the entire world has experienced a radical metamorphosis that has brought about a revolution in the way we communicate and connect. Domain names have dramatically expanded the reach of businesses and brands to hundreds of millions of people and have incontrovertibly become an indispensable tool for business communication. Domain names, usually composed of brand names or trademarks, are not mere internet addresses but have significantly grown in importance and represent a business entity as capably as a brand itself. It is apparent that depriving a rightful owner of its domain name is... Read More

IPO displays Month & year of RFE that are being examined

Indian Patent Office (IPO) makes available a dynamic grid here also shown below: IPO will make the month and year for the Request for Examination (RFE) filed that are currently being examined and the First Examination Report (FER) being issued, for each of the Groups, as displayed hereinabove. IPO also states that if FER is not received for the RFE which is filed 3 months prior to currently displayed month and year, the grieved Applicant/Agent can submit the grievance by pressing the below link: The following table appears when the above button is pressed: Remarks The availability of this display... Read More

Draft Patents (Amendment) Rules 2013

Indian Patent Office (IPO) has recently published Draft Patents (Amendment) Rules 2013 here and has invited comments (objections or suggestions) from public within 45 days from the publication of the notification (12th June 2013). The main changes proposed are the following: 1. There is a 100% hike in official fees for almost all the proceedings before the Controller, as stated in First Schedule. For example, the filing fee has increased from INR 1000 (~USD 20) to INR 2000 (~ 40) for a natural person and from INR 4000 (~ USD 80) to INR 8000 (~USD 160) for a legal entity.... Read More

LOWENBRAU vs. LOWENBRAU- A NON-USE CONTROVERSY

Gajendra Khichi, an intern at Khurana and Khurana talks about case of non-use of trade mark. Through this post, he gives special emphasis on the case of M/s. Lowenbrau Buttenheim vs. M/s. Lowenbrau Munchen, which created quite a stir regarding non-use of trade mark. The object of the trademark law is to protect the rights of the bona fide users of the mark and not to create trademark holders who do not intend to use the mark but register it only for the purpose of preventing others from using the mark. The Trade Marks Act, 1999 prevents such registration and... Read More

Advocate as a Patent Agent, without passing the exam?

Gaurav Jit Singh, an intern at Khurana and Khurana talks regarding a recent judgement about case of declaring any advocate as Patent Agent without passing the Patent Agent Examination and the judgement from the court. The judgment, dated March 15, 2013, declares amendment introduced via Section 67 (a) of the Patents (Amendment) Act of 2005 for Section 126 of the Patent Act, 1970 as illegal, unconstitutional, ultra vires and void. Any advocate holding degree in science, engineering or technology would be eligible to file, appear and undertake all responsibilities of a patent agent. He is not required to qualify any... Read More