LKS IPR Amicus, November 2024

Maneuvering the expedited routes of patent prosecution – IPO, EPO and USPTO

Despite the advantages bestowed by early patent grants, a single common program to expedite prosecution in all the jurisdictions is not available to the patent applicants who would like to strategize on expediting examination in multiple jurisdictions. Bearing in mind the existing provisions for expedited examinations, the article in this issue of IPR Amicus focuses on key routes available at the Indian Patent Office (‘IPO’) compared with the European Patent Office (‘EPO’) and the United States Patent and Trademark Office (‘USPTO’). Elaborately discussing various provisions, schemes and programs, the authors (Pooja Bawari, Archana Vishwanathan and Dr. Malathi Lakshmikumaran) note that the Patent Offices including IPO, EPO and USPTO have made considerable efforts in ensuring that the routes of expediting examination are made available to the applicants. According to them, the responsibility now lies on the Applicant to maneuver the routes with careful consideration in order to find the best outcome for its patent application.

Read the full article here.

Ratio decidendi

• Trademark application is in ‘bad faith’ when applicant has no genuine intention to use the mark for goods/services for which protection sought – UK Supreme Court
• Trademark – Service of documents by Registrar – Rule 18(2) to be purposively interpreted – Madras High Court
• Trademark – Use of dominant feature for identical goods, though with a prefix, is fatal – Rule of dominant feature is not antithetical to principle of anti-dissection – Delhi High Court

News Nuggets

• Trademarks – No structural or phonetical similarity between ‘Brufen’ and ‘Mebufen’
• Trademarks – Distinctiveness in combination of generic words
• Trademark ‘Jan Aushadhi’ – Use of ‘Jan Aushadhi Sangh’ injuncted; damages ordered
• Amendment to plaint after registration of mark to include case of infringement, permissible
• Copyright infringement – Publishers sue Artificial Intelligence firm
• Trademark – EU IPO rejects registration of figurative mark ‘BOSSPOWERL’
• ‘Shorts’ – Google wins trademark suit filed by Shorts International
• Patents – Preliminary injunction granted against launch of LEQSELVI in USA

Read the full newsletter LKS IPR Amicus, November 2024 (Complete).......................

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