You happen to be the legal counsel for Company A, who happens to be the dominant entity in the Indian pharmaceutical sector (assessed by means of revenue generated from sales, royalties etc.). There is also another Company, B, which is your next competitor by means of revenue. Company A and B have past litigation history, including two instances where B had sued A for patent infringement unsuccessfully, and they have aggressively competed against the other in securing licenses from other entities and in other commercial matters. Company A has developed and patented a drug for treatment of atherosclerosis, and believes the drug to have immense commercial significance if the patent is enforced and marketed properly in India. After the drug was patented with the stated efficacy, A has discovered that the patented compound also has the effect on lowering glucose levels in the human body, and can be useful in the treatment of hyperglycaemia. However, glucose-lowering / regulating drugs have been the forte of Company B, in which it has a number of patented products and processes. Company B also owns the patents in various aspects of the drug delivery systems commonly used by consumers needing to regulate blood glucose levels, and the patent on the delivery systems have been licensed to many other companies in India, excepting Company A because the latter did not have any product dealing with this ailment. ISSUE FOR CONSIDERATION (a) Can we seek a patent on the additional efficacy of the drug? (b) If we seek such patent, do you believe there will be opposition from the Patent Office or regulatory issues? (b) Will seeking such patent raise concern for objection/ litigation from Company B or its affiliates? (c) If we remain silent on the additional benefit at the moment, can we capitalise it in the future? (d) What is the feasibility of a joint endeavour with Company B to market this drug to consumers affected with hyperglycaemia only? Can we keep such agreement from the scenario where this drug is prescribed to patients suffering from atherosclerosis?Read More

Posted on 16 Mar 2020 | No Answers Yet

What if an inventor is being forced by his employer to assign the IP upon the company for a cost not enough to compensate for the hard work and dedication undertaken by the former? Can they blatantly decide on an amount to be handed over to him, or is it himself who's entitled to a value appraisal?Read More

Posted on 10 Mar 2020 | No Answers Yet

Team Legistify | Legistify

Team Legistify
Answered on 09 Dec 2019

No, this not possible since the concept of a global patent does not exist at all. You can only file for infringement in the country in which you obtained the patent.Read More

Posted on 07 Dec 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 07 Dec 2019

The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application. As the filing of a patent is a very complex, process you must consult an IPR attorney in India who is expert in Patents and then act accordingly.Read More

Posted on 10 Nov 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 02 Aug 2019

Sections 3 and 4 of the Patents Act list out the non-patentable subject matter. An invention is Patentable if the following elements are present:  Subject Matter: You should check whether the invention relates to a patentable subject-matter. Novelty: Novelty is an important criterion in determining the patentability of an invention. It basically states that an invention should never have been published in the public domain. It must be new with no same or similar prior arts. Non-Obviousness: This means that the invention must not be obvious to a person skilled in the same field as the invention relates to. It must be inventive and not obvious to a person skilled in the same field. Capable of Industrial Application: Industrial applicability is defined under Section 2(ac) of the Patents Act as "the invention is capable of being made or used in an industry". This essentially means that the invention cannot exist in the abstract. It must be capable of being applied in any industry, which means that the invention must have practical utility in order to get Patent Registration in India. Read More

Posted on 01 Aug 2019 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 16 Jun 2019

With respect to your query, the legal opinion is as under: (1) Non Disclosure Agreement is a contract through which parties to contract agree not to disclose information covered by the agreement, typically used to protect any type of confidential and proprietary information or trade secrets. The provision of Contract Act applies to NDA. (2) Trade secrets are protected without registration, that is, trade secrets are protected without any procedural formalities, Consequently, a trade secret can be protected for an unlimited period of time. (3) There are, however, some conditions for the information to be considered a trade secret. these conditions vary from country to country, some general standards exist which are referred to in Art. 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement):- (a) The information must be secret (i.e. it is not generally known among, or readily accessible to, circles that normally deal with the kind of information in question). (b) It must have commercial value because it is a secret. (c) It must have been subject to reasonable steps by the rightful holder of the information to keep it secret (e.g., through confidentiality agreements).Read More

Posted on 14 Jun 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 22 Oct 2019

A Limited Liability Partnership (LLP) is a combination of a Partnership Firm and a Private Limited Company in which the owners have limited liability. It was introduced in India under the Limited Liability Partnership Act, 2008. The primary benefit of incorporating a business as a Limited Liability Partnership is that in an LLP, one partner is not responsible or liable for another partner's misconduct or negligence. There are several compliances required by a company when launching its new product, and each compliance is industry-specific. Consult our startup lawyers in India to get all your LLP compliances handled.Read More

Posted on 23 Mar 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

You can hire employees and can get your business idea copyrighted under your name. In India, the Copyright Office does not offer any comprehensive website registration service and every time on the website will be required to be registered separately and hence would require separate applications. This means that you cannot possess a blanket copyright over the entire website. But, over its various components. Copyright Registration and the grant of certificates are governed by the Copyright Act, 1957, and Copyright Rules 2013. The Copyright Office provides for an online mechanism to get your copyright registered and it has to be accompanied by a certain amount of fee. Read More

Posted on 21 Aug 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

For transferring the rights of a patent, an individual has to submit an application with Controller General of Patents, Designs & Trade Marks, Intellectual Property India. Application Procedure # For Patent Filed- Form no -06 with supporting document # For Granted- Form No- 16 with supporting document Read More

Posted on 22 Feb 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

A patent owner may enforce his patent by bringing a patent infringement action (lawsuit) in federal court against anyone who uses his invention without permission. If the lawsuit is successful, the court will take one of two approaches. It may issue a court order (called an injunction) preventing the infringer from any further use or sale of the infringing device, and award damages to the patent owner. Or, the court may work with the parties to hammer out an agreement under which the infringing party will pay the patent owner royalties in exchange for permission to use the infringing device. Read More

Posted on 29 Nov 2016 | 1 Answer