A pre-grant opposition filed by Intepat IP services in respect of Novo Nordisk’s Patent Application number 2940/DELNP/2007 has been refused by the Ld. Controller, Mr. Naveen Mathur and a patent (No. 299153) granted to Novo Nordisk after examination.
As provided in the decision, the invention covered by the application relates to an injection device/injector pen for administering a medical dose to a patient. In said device the numerals indicating the dose to be ejected from the injection device are displayed over an angle of rotation exceeding one revolution. Further, the numerals indicating the dose to be ejected are arranged along the helical path and displayed on a counting device thus increasing the accuracy in dose setting. Further, the invention uses torsion spring which accumulates and releases energy in an automatic manner.
The Opposition was filed on the following grounds:
(A) Claims 1 to 3 of the Application lack novelty.
(B) Claims 1 to 13 lack inventive step.
A hearing was fixed on 10/01/2018. The applicant’s agent attended the hearing but the opponent did not attended the hearing. The Controller however took the opposition and documents filed alongwith the same on record and considered the same. After considering the submission of the Applicant, the Ld. Controller held that the claim 1,2,3 are novel in view of the cited documents which relate to the use of compression spring which is different as compared to the present invention that uses torsion spring.
Also the opponents ground that Claims 1 to 13 lack inventive step was held to be not maintainable as the Controller held that the citations D1 to D15, alone or in combination, do not teach or suggest to a person skilled in the art, the claimed invention.
Vide Custom Notification dated 22nd June, 2018 , the government of India, amended the IPR (Imported goods) Enforcement Rules 2007. In the amendment, the words “patents as defined in the Patents Act, 1970” appearing in Rule 2 (b) and “the Patents Act,1970” appearing in Rule 2(c) have been omitted. This reduces the burden of custom authorities with examining patent infringement.
The federation of Indian Micro, Small and Medium Enterprise (FISME), with support of the prosperity fund through British High Commission in India, have established and IPR Exchange , an online platform for commercial exchange of Intellectual property rights (IPR) (http://www.iprexchange.in/index.php). It is a platform for buying, selling & licensing IPRs.
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