The Touchstone Effect

How to look for things here

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You can search for Controller’s decision on pre-grant opposition through different search terms. You can type the relevant search term on the ‘search box’ on top of the blog and press ‘search blog’ button. Here’s a brief illustration on the ways you can search for decisions using the search box:

Search by party’s name (the applicant or the opponent) you are looking for. For example, type ‘Novartis’ for the decisions concerning Novartis’s applications; type ‘Ranbaxy’ for the decisions where Ranbaxy opposed other’s patent applications.
Search by patent application number. For example, type ‘1602/MAS/1998’ to find the decision concerning the relevant application.
Search by patent office. For example, type ‘BOM’ or ‘MUM’ for the decisions of the Mumbai Patent Office, ‘CHE’ or ‘MAS’ for the Chennai office and so on.
Search by subject. As these decisions figure in the Book in various chapters, you can search by the key word of that chapter. Eg Chapter 10 is titled ‘Strategic Opposition of Patents’. You can get all the decisions in chapter 10 by typing ‘strategy’ in the search box.
To get all the decisions in one page, simply type ‘Controller’s decision’.

You can also click on the ‘Table of cases’ under links which you can find on the left hand side of the blog to get the broad view of the cases discussed in the Book. As most of the decisions were downloaded (in ‘as is where is’ condition) from the Patent Office website, the usual disclaimers apply.

Warner-Lambert Co’s Application/ Opposition by Torrent Pharmaceuticals Ltd (No 1577/DEL/1996)

2008-11-17T08:34:00.000-08:00

Click here for the decision. For more details see pages 83,85,156 of the Book.

Thomson Licensing’s Application (No 1608/DELNP/2005)

2008-11-17T08:32:00.000-08:00

Click here for the decision. For more details see page 94 of the Book.

Star Precision Electronics Ltd’s Application / Opposition by Premier Polytronics Ltd [No 180043(307/BOM/1994)]

2008-11-17T08:29:00.000-08:00

Click here for the decision. For more details see page 154 of the Book.

Star Precision Electronics Ltd’s Application / Opposition by Premier Polytronics Ltd [No 176369 (278/BOM/1993)]

2008-11-17T08:24:00.000-08:00

Click here for the decision. For more details see page 96 of the Book.

SPL’s Sidhartha Ltd’s Application/ Opposition by Newage Laminators Ltd [No 191793 (861 /DEL/2000)]

2008-11-17T08:22:00.000-08:00

Click here for the decision. For more details see page 155 of the Book.

Schering Corporation’s Application/ Opposition by Cadila Healthcare Ltd (IN/PCT/2000/00434/CHE)

2008-11-17T08:21:00.000-08:00

Click here for the decision. For more details see page 155 of the Book.

Rhone-Poulenc Chimie’s Patent/ Opposition by Indian Space Research Organisation [No 187575 (1065/MAS/1994)]

2008-11-17T08:19:00.000-08:00

Click here for the decision. For more details see page 111 of the Book.

Real Value Appliances’ Application/ Opposition by Premsons Plastics [No 174043 (247/BOM/1991)]

2008-11-17T08:18:00.000-08:00

Click here for the decision. For more details see page 64 of the Book.

Polytech Research’s Application/ Opposition by Cosmo Films Ltd [No 1824062 (941/DEL/1991)]

2008-11-17T08:17:00.000-08:00

Click here for the decision. For more details see pages 153,154 of the Book.

Piaggio’s Application/ Opposition by Bajaj Auto Ltd [No 184001 (557/DEL/1991)]

2008-11-17T08:16:00.000-08:00

Click here for the decision. For more details see pages 134,155 of the Book.

Pfizer Health AB’s Application/ Opposition by Ranbaxy Laboratories Ltd (IN/PCT/2001/00788/CHE)

2008-11-17T08:14:00.000-08:00

Click here for the decision. For more details see pages 116,136 of the Book.

Pfizer Health AB’s Application/ Opposition by Ranbaxy Laboratories Ltd (IN/PCT/2000/00084/CHE)

2008-11-17T08:12:00.000-08:00

Click here for the decision. For more details see pages 85,94,103,136,155 of the Book.

Pfizer Products Inc’s Application/ Opposition by Natco Pharma Ltd (No 537/DEL/1996)

2008-11-17T08:10:00.000-08:00

Click here for the decision. For more details see pages 84,87,108,112,115,118 of the Book.

Patent Application No 195/MUM/NP/03

2008-11-17T08:09:00.000-08:00

Click here for the decision. For more details see page 154 of the Book.

Novartis AG’s Application/ Opposition by Torrent Pharmaceuticals Ltd (IN/PCT/2001/00864/CHE)

2008-11-17T08:08:00.000-08:00

Click here for the decision. For more details see page 87 of the Book.

Novartis AG’s Application/ Opposition by Ranbaxy Laboratories Ltd (No 1602/MAS/1998)

2008-11-17T08:04:00.000-08:00

Click here for the decision. For more details see page 136 of the Book.

Novartis AG’s Application/ Opposition by Ranbaxy Laboratories Ltd (No 1440/MAS/1998)

2008-11-17T08:03:00.000-08:00

Click here for the decision. For more details see pages 82,136,153 of the Book.

Novartis AG’s Application/ Opposition by Ranbaxy Laboratories Ltd (No 237/MAS/1998)

2008-11-17T08:02:00.000-08:00

Click here for the decision. For more details see pages 91,118 of the Book.

Novartis AG’s Application/ Opposition by Cipla Ltd (No 1602/MAS/1998)

2008-11-17T08:00:00.000-08:00

Click here for the decision. For more details see pages 89,98,108,136,154,155 of the Book.

National Institute of Virology’s Application/ Opposition by Vandana S Bhide [No 187163 (581/BOM/1999)]

2008-11-17T07:59:00.000-08:00

Click here for the decision. For more details see page 153 of the Book.

Natco’s Application for Compulsory Licence IN/PCT/2002/00785/DEL (Patent No 209251)

2008-11-17T07:57:00.000-08:00

Click here for the decision. For more details see page 155 of the Book.

Marico Industries Ltd’s Application/ Opposition by Hindustan Lever Ltd [No 187164 (782/BOM/1999)]

2008-11-17T07:56:00.000-08:00

Click here for the decision. For more details see page 116 of the Book.

Malavika Vinodkumar and Krishnamachari Ramu’s Application/ Opposition by Hindustan Lever Ltd 198399 (931/CHE/2003)

2008-11-17T07:55:00.000-08:00

Click here for the decision. For more details see page 135 of the Book.

Mahesh Gupta’s Application/ Opposition by Eureka Forbes Ltd (No 1887/DEL/2005)

2008-11-17T07:53:00.000-08:00

Click here for the decision. For more details see page 155 of the Book.

Magotteaux International’s Application/ Opposition by AIA Engineering Ltd [No 197257 (2769/DEL/1997)]

2008-11-17T07:52:00.000-08:00

Click here for the decision. For more details see page 154 of the Book.

Intel Corporation’s Application (No 558/DELNP/2005)

2008-11-17T07:50:00.000-08:00

Click here for the decision. For more details see page 94 of the Book.

Indian Council of Medical Research’s Application (No 244/Del/1999)

2008-11-17T07:49:00.000-08:00

Click here for the decision. For more details see page 118 of the Book.

Honda’s Application/ Opposition by Kinetic Motor Co Ltd (No 948/DEL/1993)

2008-11-17T07:47:00.000-08:00

Click here for the decision. For more details see page 108 of the Book.

Hindustan Lever Ltd’s Application/ Opposition by Whirlpool of India Ltd [No 192702 (749/BOM/1998)]

2008-11-17T07:46:00.000-08:00

Click here for the decision. For more details see page 154 of the Book.

Hindustan Lever Ltd’s Application/ Opposition by Procter & Gamble Far East Inc [No 181416(129/BOM/1994)]

2008-11-17T07:44:00.000-08:00

Click here for the decision. For more details see pages 93,107,155 of the Book.

Hindustan Lever Ltd’s Application/ Opposition by Procter & Gamble Far East Inc [No 176112 (303/BOM/1992)]

2008-11-17T07:43:00.000-08:00

Click here for the decision. For more details see pages 96,135,152,153 of the Book.

Hindustan Lever Ltd’s Application/ Opposition by Procter & Gamble Far East Inc [No 174537 (237/BOM/1992)]

2008-11-17T07:39:00.000-08:00

Click here for the decision. For more details see pages 80,96,135 of the Book.

Hindustan Lever Ltd’s Application/ Opposition by Procter & Gamble Far East Inc [No 173958 (316/BOM/1991)]

2008-11-17T07:36:00.000-08:00

Click here for the decision. For more details see pages 135,155 of the Book.

Hindustan Lever Ltd’s Application/ Opposition by Procter & Gamble Far East Inc [No 174044 (249/B0M/1991)]

2008-11-17T07:34:00.000-08:00

Click here for the decision. For more details see pages 93,135 of the Book.

Hindustan Lever Ltd’s Application/ Opposition by P&G [No 174429 (100/BOM/1992)]

2008-11-17T07:32:00.000-08:00

Click here for the decision. For more details see pages 135,153 of the Book.

Hindustan Lever Ltd’s Application/ Opposition by Godrej Soaps Ltd [No 176382 (322/BOM/1992)]

2008-11-17T07:31:00.000-08:00

Click here for the decision. For more details see page 155 of the Book.

Hindustan Lever Ltd’s Application (No 63/BOM/1975)

2008-11-17T07:29:00.000-08:00

Click here for the decision. For more details see pages 42,93 of the Book.

Hakim Abdul Hameed’s Application/ Opposition by Raj Mehrotra and Dabur Research Foundation [No 183200 (610/DEL/1995)]

2008-11-17T07:27:00.000-08:00

Click here for the decision. For more details see page 116 of the Book.

Greaves Cotton Co Ltd’s Application/Opposition by Bajaj Auto Ltd [No 176968 (419/BOM/1992)]

2008-11-17T07:25:00.000-08:00

Click here for the decision. For more details see page 134 of the Book.

Goodrich Carbohydrates’ Application/ Opposition by Bharat Starch Industries (No 659/DEL/2003)

2008-11-17T07:22:00.000-08:00

Click here for the decision. For more details see pages 114,154 of the Book.

F Hoffmann-La Roche Ltd’s Application/ Opposition by Ranbaxy Laboratories Ltd (190/MAS/1998)

2008-11-17T07:17:00.000-08:00

Click here for the decision. For more details see pages 85,86,108,136,155 of the Book.

Enkay (India) Rubber Co Ltd’s Application/ Opposition by Paradise Rubber Industries [No 193340 (1343/DEL/1999)]

2008-11-17T04:22:00.000-08:00

Click here for the decision. For more details see page 117 of the Book.

Enkay (India) Rubber Co Ltd’s Application/ Opposition by Paradise Rubber Industries [No 193339 (1342/DEL/1999)]

2008-11-17T04:20:00.000-08:00

Click here for the decision. For more details see pages 117,151 of the Book.

Eli Lilly’s Application/ Opposition by Ranbaxy (85/DEL/1995)

2008-11-17T04:18:00.000-08:00

Click here for the decision. For more details see pages 117,136,154 of the Book.

Eli Lilly’s Application/Opposition by Ajanta Pharma Ltd (No 85/DEL/1995)

2008-11-17T04:16:00.000-08:00

Click here for the decision. For more details see pages 45,76,86,95,112, 113,115,117 of the Book.

EBZ Online Pvt Ltd’s Application (No 994/MUM/2003)

2008-11-17T04:14:00.000-08:00

Click here for the decision. For more details see page 94 of the Book.

Crompton Greaves Ltd’s Application/ Opposition by Bharat Heavy Electrical Ltd [No 184657 (221/BOM/1996)]

2008-11-17T04:11:00.000-08:00

Click here for the decision. For more details see pages 107,108,117 of the Book.

Chandrakant Damodardas Gandhi’s Application/ ITC Ltd [No 181397 (291/BOM/1994)]

2008-11-17T04:09:00.000-08:00

Click here for the decision. For more details see page 114 of the Book.

Boehringer Ingelheim’s Application/ Opposition by Cipla Ltd (No 2632/DELNP/2005)

2008-11-17T04:07:00.001-08:00

Click here for the decision. For more details see pages 76,91,92,106 of the Book.

Beckton, Dickinson and Co’s Application (No 1200/CHENP/2005)

2008-11-17T03:58:00.000-08:00

Click here for the decision. For more details see page 94 of the Book.

AstraZeneca’s Application/ Opposition by Torrent Pharmaceuticals Ltd (No 1120/DEL/1995)

2008-11-17T03:30:00.000-08:00

Click here for the decision. For more details see pages 150,153 of the Book.

Automotive Research Association of India’s Application/Opposition by Bajaj Auto Ltd [No 176906 (223/BOM/1993)]

2008-11-17T03:27:00.001-08:00

Click here for the decision. For more details see pages 117,134 of the Book.

AstraZeneca UK Ltd’s Application/ Opposition by GM Pharma Ltd (No 841/DEL/1996)

2008-11-17T03:23:00.000-08:00

Click here for the decision. For more details see pages 91,118 of the Book.

Alphacon Containers Pvt Ltd’s Application/ Opposition by Hindustan Lever Ltd [No 190644 (102/BOM/1998)]

2008-11-17T03:16:00.000-08:00

Click here for the decision. For more details see pages 107,110,135 of the Book.

Vinay Kumar Shridhar’s Application/ Opposition by Pavuluri Rama Lakshmana Rao [No 177423 (62/BOM/1993)]

2008-11-09T05:04:00.000-08:00

Click here for the decision. For more details see page 115 of the Book.

About the Book

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What is a Black Swan?

In the field of innovation, a Black Swan popularly refers to a rare, high impact and unpredictable innovation that can bring unprecedented success to any business. Most of the path-breaking, radical technologies that we see around us are Black Swan innovations. And every technology company is looking out for Black Swans and means of protecting them. The law of patents offers the most-comprehensive means of protecting the Black Swan. While it is one thing to offer patent protection for the genuine Black Swans – the real, radical innovations that are novel and non-obvious, it is entirely another thing when old and obvious innovations are patented as new – an ordinary swan painted black! ‘Painting the swan black’ metaphorically refers to passing of a white swan as black (patenting inventions that are obvious) or doing a paint job to refurbish an old black swan to look new (making superficial changes to an earlier invention to qualify for a fresh grant). Both can have adverse affect on business and the development of technology.

"The Touchstone Effect: The Impact of Pre-grant Opposition on Patents" explores the strategic use of pre-grant opposition as a touchstone to test the genuineness of an invention. In a comprehensible do-it-yourself fashion, it guides you to develop an in-house, efficient and cost-effective strategy for challenging patents before their grant. It also gets to the other side to tell you what you should do if your patent application is opposed – that is, if you really have a Black Swan to protect.

About the Author

Feroz Ali Khader is the best-selling author of The Law of Patents – With a Special Focus on Pharmaceuticals in India, a unique legal work which offers free online updates innovatively through a blog (www.thelawofpatents.blogspot.com). Since his last academic outing at Trinity College, University of Cambridge, he has settled down in Chennai and practices in the Madras High Court. When he is not involved as an advocate in contentious proceedings, he is engaged in lecturing, teaching and conducting workshops on patent law and practice.