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  • Guidance includes stipulating that for pending trials in which a panel has instituted only on some challenges in the petition, the panel may issue an order supplementing the institution decision to institute on all challenges raised in the petition
  • Innovator drug companies will face challenges but complementary guidelines benefiting innovators, including a potential five-year patent term extension, may pacify concerns
  • China announced a huge government reshuffle programme. The sweeping government restructuring programme was said to be the largest reform since the end of the Mao Zedong era in the 1970s. The number of ministerial-level bodies was reduced significantly. The entire structure reflects the aim of streamlining governance, in key areas such as environmental protection, taxation, financial regulations and the legislature system on the administrative side.
  • Some chemical products alter with the passing of time. When a product does not fall within the scope of claims at the time of manufacturing but falls within the scope of the claims after the passing of time after manufacturing, is it correct to conclude that such a product falls within the technical scope of a patented invention?
  • The Indian Patent Office vide order dated November 8 2017 has rejected patent application 6647/ DELNP/2007 for lack of inventive step and for non-patentable subject matter under Section 3(d) of the Indian Patent Act. The invention claimed in the application was directed to a composition comprising a monoclonal antibody (IgG2), a chelating agent, histidine buffer, and optionally, a surfactant and/or a tonicity agent. The applicant claimed enhanced stability of the antibody in the composition.
  • The IP Code of the Philippines does not expressly state that patented products must bear patent markings which serve to notify the public and competitors that products are patented. However, Section 80 of the IP Code provides that "damages cannot be recovered for acts of infringement committed before the infringer knew, or had reasonable grounds to know of the patent. It is presumed that the infringer knew of the patent if on the patented product, or on the container or package in which the article is supplied to the public, or on the advertising material relating to the patented product or process, are placed the words Philippine Patent with the number of the patent." This simply means that notice of infringement may be served either actually, or constructively by said patent marking.
  • Singapore finance minister Heng Swee Keat delivered the Budget Statement to Parliament on February 19 2018. In his speech, Heng Swee Keat emphasised the importance of encouraging pervasive innovation throughout the economy and how crucial intellectual property (IP) has become for companies competing in a fast-paced business environment. To this end, the Budget Statement unveiled several initiatives such as tax deductions and funding aimed at boosting research and innovation.
  • Cialis® is a pharmaceutical product for the treatment of erectile dysfunction developed by Lilly ICOS, a joint venture of ICOS Corporation and Eli Lilly and Company. The active pharmaceutical ingredient (API) of Cialis®, tadalafil, inhibits the PDE5 enzyme, just like sildenafil in the better-known Viagra®.
  • Sponsored by OLIVARES
    It has become common practice for parties of any administrative proceeding to ask the Institute of Industrial Property to require a third party, not related to the proceeding, or even its counterpart, to respond to several questions raised by the offeror of the proof. Such evidence is based on Article 203 of the Industrial Property Law, which states the "requirement to provide information and data" so that the authority can conduct inspection.
  • The recent Kenyan High Court decision of Fibrelink Limited v Star Television Productions Limited is important. This is because it confirms that it is possible to oppose a trade mark application in Kenya on the basis of a common law or unregistered mark. The basis for such an opposition will be Section 14 of the Kenyan Trade Marks Act, which reads as follows: “No person shall register as a trade mark or part of a trade mark any matter the use of which would, by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court of justice, or would be contrary to law or morality, or any scandalous design.”