Applicability of the principle “Proof of the right” to Conventional application

This article relates to a recent judgment of IPAB in the case “NTT DoCoMo Inc. Vs The Controller of Patents and Designs” for a patent application No. 794/CHE/2006 which was refused to proceed further by the Indian patent office. The copy of the decision made by IPAB can be accessed here. Brief summary of the case In summary, the application relates to “TRANSMISSION RATE CONTROL METHOD AND MOBILE STATION” filed by NTT DoCoMo Inc., a Japanese company on 2nd May 2006, bearing patent application number 794/CHE/2006. The application was filed as a conventional application with priority from Japanese application No. 3.2005-134640... Read More

A Change in Year Brings Change in IP Laws and Policy

The intellectual property (IP) concepts that are applied today to the national laws and international treaties and organizations date back to eighteenth century.  The IP laws vary from one country to another. The changes in Intellectual property laws also depend on the changes in technology. Due to emerging new technologies and R&D activities, the intellectual property also continues to be constantly evolving and changing. Over the years countries worldwide have made efforts to make IP system more efficient and effective. This is because countries have realized that Intellectual property plays a significant role in promoting the economy of the country.... Read More

IPAB: Nature of Jurisdiction, Power and Authority

Akash Patel, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the nature of jurisdiction at the IPAB, its power and authority. In a judgment dated July 08, 2013, a larger bench of Intellectual Property Appellate Board (hereinafter read as IPAB) had decided on two important issues, one relating to IPAB’s power to review its own order and the other relating to grant interim orders on a pending final application. Background: In the matter of M/s Shreedhar Milk Foods Pvt. Ltd. (Applicant) vs Mr. Vikas Tyagi (Respondent), Applicant requested for an interim stay order on the registration of Trade Mark on... Read More

Central Government’s power of Revocation of Patent in Public Interest

Gopikrishnan M and Akash Patel, interns at Khurana and Khurana, Advocates and IP Attorneys, looks at Central Government’s power of Revocation of Patent in Public Interest. The Indian Patent Act,1970(hereinafter Act) empowers the Central Government to revoke any patent granted by the Indian Patent Office if it feels that the said patent is prejudicial to public interest. There are two provisions in the Patent Act, 1970 which empowers the Central Government to revoke granted patents. One is Section 65 of the Act which gives power to the Government to give directions to the Controller to revoke a patent if the Government... Read More