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  • In the absence of specific regulations, the ownership of inventions made by employees is governed by common law in India. Essenese Obhan and Sumathi Chandrashekaran, of Obhan and Associates in New Delhi, examine what this means for employers and employees
  • Under current patent practice in the field of pharmaceutical inventions, it is required that a pharmaceutical invention be clearly defined by its pharmacological efficacy in terms of diagnosis, treatment, reduction and prevention of certain diseases. In exceptional cases, it is possible for a pharmaceutical invention to be defined by its pharmacological mechanism without clearly defining diseases for which the pharmaceutical invention is used.
  • The issue of divisional applications continues to keep the EPO busy on various levels. The Enlarged Board of Appeal (EBA) has previously dealt extensively with the allowability of amendments to divisional applications in decisions G 1/05 and G 1/06, and a new set of rules, aimed at limiting the number of divisional applications, will enter into force in 2010. Despite the EPO's past efforts to clarify the procedural peculiarities of divisionals, a new question has now arisen, which the EBA is to consider in pending case G 1/09.
  • The Uganda Registrar General announced on June 10 2009 that the Nice Classification, 9th edition must be used. Some practitioners concluded that service mark applications could be filed and sundry news items appeared to that effect. However, discussion with the authorities confirmed that the 1952 law would have to be amended to provide for service marks and, accordingly, that the Registry is not yet open for them.
  • Rakesh Bakshi, associate general counsel of Microsoft India, spoke with Peter Ollier about piracy, politics, software patents and his greatest achievement so far
  • A request for re-establishment of rights in Norway may be made when the applicant has failed to comply with a time limit set by the Patents Act and for which the applicant has suffered loss of rights. Section 72 of the Patents Act dealing with re-establishment of rights is inspired by Article 122 EPC.
  • On July 3 2009, the Intellectual Property Office of Singapore (IPOS) published a series of proposed changes to the Singapore Patent System for public consultation. The most important among the proposed changes involves the plan to move away from the current self-assessment regime to an official assessment regime.
  • China's State Administration for Industry and Commerce has released a draft set of amendments to the country's Trade Mark Law.
  • Like many other countries, Belgium has adopted some interesting measures for cutting taxes on patent income for corporations in order to promote innovation.
  • Two years ago the USPTO, academics and some of the biggest companies in the US embraced the peer-to-patent project as a way of tackling mounting patent backlogs. In June the pilot scheme was suspended. So what happens next? Eileen McDermott investigates