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Sunday, November 27, 2016

Public Consultation on Draft National Policy on Software Products

Are u clear about difference between `Software Products' and `Software services'?
Check the draft policy on `Software Products' and send yr comments to Dr A. K. Garg, Director, MeitY ( / Dr Sanjeev Kumar Gupta, Scientist-C, MeitY ( latest by December 10, 2016. 

Monday, November 14, 2016

NAPP and DRL fight over transdermal patches patent.

The claimant and appellant, Napp Pharmaceutical Holdings Ltd ("Napp"), is the proprietor of European patent (UK) No 2 305 194 ("the patent") in respect of an invention of a transdermal patch for use in the treatment of pain. Napp contends that the first defendant and respondent Dr Reddy's Laboratories (UK) Ltd ("DRL") and the second defendant and respondent Sandoz Ltd ("Sandoz") both threaten to infringe the patent by marketing their own transdermal patches. In his judgment dated 28 June 2016 ([2016] EWHC 1517 (Pat)), Arnold J concluded that there would be no infringement by either respondent if this marketing occurred and dismissed the various claims. 

It is common ground that it is only necessary to consider claim 1 of the patent, which is as follows:

    "A buprenorphine transdermal delivery device comprising a polymer matrix layer containing buprenorphine or a pharmaceutically acceptable salt thereof, for use in treating pain in humans for a dosing interval of at least 7 days, wherein the transdermal delivery device comprises 10%-wt buprenorphine base, 10 to 15%-wt levulinic acid, about 10 %-wt oleyloleate, 55 to 70%-wt polyacrylate, and 0 to 10%-wt polyvinylpyrrolidone."
The dispute about the interpretation of the patent specification.
Infringement - The de minimis principle in quia timet actions

The de minimis principle has been considered in previous patent authorities (Hoechst v BP [1998], Monsanto v Cargill [2007], Napp v Ratiopharm [2009], Lundbeck v Norpharma [2011]). In the present case Arnold J commented that the court was forced, as a matter of practical reality, to draw a line somewhere and referred to a hypothetical scenario in which only 0.01% of products fall within a claim as “precisely the kind of situation covered by the de minimis principle”. 
Further Reading: Court case, IP Kat.  

Friday, November 11, 2016

Four Indian Innovations selected for participation in 9th International Exhibition of Inventions (IEIK 2016), China

Indian Innovators Association selected 4 innovations from India for showcasing in IEIK 2016.

1. Water-less urine technology; EcoTrapIn3 converts conventional urinal into dry hygienic waterless urinal. It is fitted at base of urinal bowl and consists of antibacterial cartridge with inlet and outlet for urine flow.Once the urine is drained out, the cartridge seals the outlet. Innovator- Neha Bagoria 
2. Semiautomatic Plasma ExpressorIt is a mechanical device, which exerts uniform pressure on the blood bags during the separation of components. The purpose of this innovation is to generate Leuko Reduced Red Blood Cells at blood banks to reduce the adverse blood transfusion reactions.The machine consisted of Hydraulic Pump, Pressure lock switch, Pressure Plate, An Acrylic Plate, DC Motor with gear box, Power switch, Power Supply and expressor body.  Innovator-Omprakash Beniwal, Technical Superviser, Blood Bank, Udaipur,
3. Digital Controlled Precision Dispensing Valve for liquids under gravity flow: Combined affect of Dynamic aperture and the varying valve open duration (in milliseconds)  generate a fluid dispensing profile of discrete packets.  The smallest packet quantity can be a drop weighing , fraction of a gram. Innovators: Satish Pathak 
4. New generation Air cooler: Chillout ZS50L is loaded with advanced features like full range speed control, silent water pump backed by sensorless BLDC motor, microcontroller etc. The common man's product gets technical improvements at IITM's Rural Technology Incubator. Innovator- Sriram Narayanamuthy.