The document discusses the evolution of intellectual property compliance and harmonization in India over time. It notes that various groups like patent offices, advocates, and IP attorneys need to continuously evolve, comply with international standards, and work towards harmonization. The document provides examples of patent cases where Indian decisions have aligned with international precedents. It also summarizes the services of Intellocopia IP Services in assisting with various IP needs.

1. GIPC 2013, 23-30th January 2013

2. 2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 2

3. Harmonization
compliance evolution
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 3

4. Harmonization
compliance
evolution
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 4

5. FIVE YEAR PLAN OBJECTIVES:
to provide for the basic infrastructural
facilities like education for all, safe drinking
water, primary health care, transport, energy
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6. 2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 6

7. EVOLUTION
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8. EVOLUTION
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 8

9. EVOLUTION Evolution of Indian
Patent Act
year of amendment
1999 2002 2005
1972
1911
1883 1888
1872
1856 1859
1 2 3 4 5 6 7 8 9 10
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10. PATENTS:
EVOLUTION •The Patent Office Increased its
workforce through massive appointment
of Examiners.
•IPAIRS 2.0- An Improved Search Engine
for Patents released
•Comprehensive E-filing of All Patent
Forms online ENABLED
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11. EVOLUTION •CGPDTM published draft treaty on
Industrial Design Law
•Publication of Patent Applications
classified as
•Ayurvedic;
•Herbal;
•Food;
•Pharmaceuticals; and
•Traditional Knowledge
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12. •Compulsory License issued, to
EVOLUTION NATCO, in respect of Patent for anti-
cancer drug ‘Sorafenib’ granted to
Bayer.
•Revocation of Patent no.
252093, Granted to
Avesthagen, related to ‘Ayurvedic
composition’ by Central Government
under S.66 of the India Patent Act.
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13. •Publication of Processing and
EVOLUTION Examination Guidelines in respect of
applications related to:
•Traditional knowledge and
Biological Material;
•Biotech Applications
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 13

14. TREND OF PATENTS
FILED EXAMINED REGISTERED/GRANTED
15316 16061
7509
7539 11208
11751 10296 6168
14119
6069 39400
36812
35218 34287
28940
2006-07 2007-08 2008-09 2009-10 2010-11

15. DESIGN TREND
DESIGNS FILED DESIGNS EXAMINED DESIGNS REGISTERED/GRANTED
9206
6025
4928 4772
4250
6277
6183 6446
6266
4976
7589
6402 6557 6092
5521
2006-07 2007-08 2008-09 2009-10 2010-11

16. EVOLUTION
sustained
staggered

17. compliance
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 17

18. Article 27 of the TRIPS
compliance
Agreement elaborates the
scope of patentable subject
matter as follows:
1. patents shall be available for
any inventions, whether
products or processes, in all
fields of technology, provided
that they are new, involve an
inventive step and are capable
of industrial application.
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19. 2. Members may exclude from
compliance patentability inventions, the
prevention within their territory of the
commercial exploitation of which is
necessary to protect ordre public or
morality, including to protect human,
animal or plant life or health or to
avoid serious prejudice to the
environment, provided that such
exclusion is not made merely because
the exploitation is prohibited by their
law.
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20. 3. Members may also
exclude from patentability:
compliance •diagnostic, therapeutic and
surgical methods for the
treatment of humans or
animals;
•plants and animals other than
micro-organisms, and
essentially biological processes
for the production of plants or
animals other than non-
biological and microbiological
processes.
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 20

21. Section 3 :
compliance (a), (b), (c), (h), (i), (j) – as per
TRIPS
(k), (m)- compliant with EP
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22. 1.Article 7 states:
compliance
’’The protection and enforcement of
intellectual property rights should
contribute to the promotion of
technological innovation and to the
transfer and dissemination of
technology, to the mutual
advantage of producers and users
of technological knowledge and in a
manner conducive to social and
economic welfare, and to a balance
of rights of obligations.”
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 22

23. compliance
WORKING OF PATENTS S146(2)
GROUNDS FOR OPPOSITION
S25(1), S25(2)
REVOCATION OF PATENT IN
PUBLIC INTEREST S66.
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24. Article 8 states:
compliance
’’1. Members may, in formulating or
amending their laws and regulations,
adopt measures, necessary to
protect public health and nutrition,
and to promote the public interest in
sectors of vital importance to their
socio economic and technological
development, provided that such
measures are consistent with the
provisions of this Agreement.’’
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25. (m) a mere scheme or rule or
method of performing mental act or
compliance method of playing game;
(n) a presentation of information;
(o) topography of integrated circuits;
(p) an invention which, in effect, is
traditional knowledge of which is an
aggregation or duplication of known
properties of additionally known
component or components.
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26. Section 3d:
(d) The mere discovery of a new form of
compliance
a known substance which does not
result in the enhancement of the
known efficacy of that substance and
the mere discovery of any new property
or new use for a known substance or of
the
mere use of a known process, machine
or apparatus unless such known
process results in a
new product or employs at least one
new reactant
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27. SAMPLE LIST OF PATENTS
compliance GRANTED BY PATENT
OFFICE WHICH ARE
1. NEW USE OF A KNOWN
SUBSTANCE
2.COMBINATION
SOURCE: www.nipoonline.org/Section-report.doc
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28. NEW USE OF A KNOWN SUBSTANCE:
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 28

29. COMBINATION:
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30. compliance
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 30

31. Harmonization
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32. CGPDTM allowed third party
Harmonization
observation in respect of published PCT
International Applications, as per
WIPO guidelines.
Classification of Indian Patent
Applications based on IPC
(International Patent Classification)
Formatting of Patent Application in line
with PCT format
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 32

33. Harmonization
DECISIONS OF CONTROLLER, IPAB
BASED ON INTERNATIONAL
PRECEDENCES
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 33

34. 1. Decision : (MERCK) Schering Corp’s
Patent Revoked in Cipla’s Post Grant
Opposition by Chennai Patent Office –
Harmonization P.No. 246328
“An aerosol suspension formulation for
inhalation”
Parties: Schering Corp v. Cipla Limited
Controller: T.V Madhusudan
Grounds for revocation :
1. Lack of inventive step,Obvious S.25(2)(e)
2. Insufficient disclosure S.25(2)(g)
TEST ADOPTED: TSM (TEACHING
SUGGESTION, MOTIVATION)
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 34

35. 2. Decision :Patent no. 209251 owned by Sugen
Inc. & Pharmacia & Up John co.
(Later acquired Pfizer in 2002-3) for “sunitinib”
was revoked on 24th Sept
Harmonization 2012 following a post grant opposition by
Cipla.
Parties: Pfizer v. Cipla Limited
Controller: Nilanjana Mukherjee
Grounds for revocation :
1. Lack of inventive step & Obvious to a person
skilled in the art S.2(1)(j)
IPO looked at multiple documents to highlight
obviousness.
Opposition board relied on Baxter Travenol
Labs (Fed. Cir 1991) to establish ‘element of
surprise’ .
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 35

36. 3. Decision: Patent no. 198952 owned by
F.Hoffman La-Roche AG for “pegasys” was
revoked on 2nd November 2012 following
Harmonization an appeal to IPAB by Sankalpa
Rehabilitation Trust.
Parties: Sankalpa v. F.Hoffman La-Roche AG
Board: JUSTICE PRABHA SRIDEVAN
Grounds for revocation :
1. Obvious to a person skilled in the art
S.2(1)(j) and non-patentable u/s 3(d)
US and UK judgements relied upon for test
of obviousness. United States Court of
Appeals for the Federal Circuit in
Pfizer, Inc. v. Apotex, Inc and KSR v.
2/5/2013
TeleflexITAG-IPCONF/BHATTA/IPCOPIA 36

37. Harmonization
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 37

38. Harmonization
compliance evolution
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 38

39. WHO ALL
NEEDS TO
EVOLVE
COMPLY
AND
HARMONISE
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 39

40. Advocates/
IP Attorneys
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 40

41. 2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 41

42. ABOUT US:
The word INTELLOCOPIA stands for abundance of
intellect. Intellocopia IP Services is a full service
establishment providing one stop solution from
acquisition of IP to enforcement of IP. Intellocopia has a
team of engineers and scientists with excellent industrial
experience and adequate law training.
Intellocopia focuses on start-ups and SMEs. Key
strengths: develop IP strategy specific to a
company, sensitize workforce at all levels on nuances in
IP Protection; enable in house skill development and
provide cost effective solutions.
Our belief is: Protected Intellect is Power,
2/5/2013
Protected Intellect is Wealth.
ITAG-IPCONF/BHATTA/IPCOPIA 42

43. SERVICES PROVIDED:
Development of IP Policies
 IP Analysis and Review
 Patent Drafting and Prosecution
 Trademark , Copyright and Design Registration.
 Customized Training Sessions
Technology Transfer and Licensing
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 43

44. Disclaimer
VIEWS EXPRESSED AND ERRORS, IF ANY ARE ATTRIBUTABLE TO THE
AUTHOR –
IF YOU RELY ON THE ABOVE VIEWS WITHOUT A PERSONALIZED
OPINION, AND IF YOU HAVE BENEFITS, YOU ARE FREE KEEP IT FOR
YOURSELF WITHOUT EVEN AN ACKNOWLEDGEMENT !!
IF YOU RELY ON THE ABOVE VIEWS, SOME OF IT MAY BE WRONG AND
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MY RIGHTS TO RECOVER COSTS(!) but also raise new bill on you for
relying upon these views!!
This presentation is primary meant for instructional use. Not for
Publication. The ownership of the TM & copyrighted material (especially
cartoons) appearing in the presentation is acknowledged. Thanks to the
Cartoonists, a dull presentation receives an interesting touch.
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 44

45. ACKNOWLEDGEMENTS:
Prof. R. Muralidharan- Mentor
Smitha HS- Associate
2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 45

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2/5/2013 ITAG-IPCONF/BHATTA/IPCOPIA 46