INDIA: REQUIREMENTS OF WORKING STATEMENTS
This article relates to a recent order by the High Court of Delhi relating to submission of working statements of inventions which have been patented in India.
Under the Indian patent laws, every owner of a granted patent is required to submit a statement regarding working of the patented invention on a commercial scale in India. The working statements are required to be submitted annually in...
SINGAPORE: WARNER-LAMBERT TAKES ON NOVARTIS (SINGAPORE)
The appeal arises from the dispute of two pharmaceutical giants, Warner-Lambert Company LLC (hereinafter referred to as “Warner-Lambert”) and Novartis (Singapore) Pte Ltd (hereinafter referred to as “Novartis”). The subject matter refers to a pharmaceutical patent owned by Warner-Lambert which monopolises the use of a substance known as “pregabalin” (the Patent discussed) used in the treatment...
MALAYSIA: LATEST UPDATES ON PATENT PROSECUTION MATTERS
On 1 June 2016, the Intellectual Property Corporation of Malaysia (MyIPO) has issued three practice directions on amendments to patent applications, divisional applications and recording a filing date for patent applications.
Amendments to patent applications that receive clear substantive examination report as the first office action
For patent applications that have fulfilled the substantive...
MALAYSIA: SKB’S APPEAL DISMISSED BY THE FEDERAL COURT
This is the Appellant’s appeal against the whole of the decision of the Court of Appeal in allowing the Respondents’ appeal against the decision of the High Court of Kuala Lumpur and this appeal is therefore dismissed by the Federal Court with costs.
SKB Shutters Manufacturing Sdn. Bhd. (hereinafter referred to as “the Appellant”) is the registered proprietor of Malaysian Patent No....
MALAYSIA: COURT OF APPEAL HELD PATENT VALID
The appellants in Yeohata Machineries Sdn. Bhd. & Anor v Coil Master Sdn. Bhd. appealed against the decision of the High Court which dismissed the appellants’ claim that the Defendants infringed the Malaysian Patent no. MY-125572-A (hereinafter be referred “the Patent”) and which allowed the respondents’ counterclaim to invalidate the Patent.
The Patent is owned by the first appellant...
BRUNEI: RE-REGISTERED PATENT TERM DEFINED BY COURT
A recent case of dispute in the High Court of Brunei relates to a declaration of non-infringement patent matter lead to an escalation of its appeal to the Court of Appeal of Brunei. This case involved Winthrop Pharmaceuticals (M) Sdn. Bhd. and Shionogi Seiyaku Kabushiki Kaisha.
Winthrop Pharmaceuticals (M) Sdn. Bhd. sought an application for a declaration of non-infringement of a Brunei...
MALAYSIA: MyIPO HAS STARTED PILOT A PPH/PCT-PPH PROGRAM WITH JPO
We are pleased to inform all of our clients and associates that effective from 1 October 2014, the Intellectual Property Corporation of Malaysia (MyIPO) has started a pilot Patent Prosecution Highway (PPH) and Patent Cooperation Treaty-PPH (PPH/PCT-PPH) program with the Japan Patent Office (JPO). The pilot program will be for a period of three years.
The PPH/PCT-PPH program enables sharing of...
MALAYSIA: FUKUYAMA’S MALAYSIAN PATENT IS REVOKED
In the case of Fukuyama Automation Sdn. Bhd. v Xin Xin Engineering Sdn. Bhd. and Wong Thiam Fook, the High Court of Malaya in Shah Alam, Selangor Malaysia held that the Fukuyama’s Malaysian Patent to be lacking novelty and held that the Patent was invalid.
Fukuyama Automation Sdn Bhd. (hereinafter referred to as “the Plaintiff”), is a Malaysian company had acquired Fukuyama Netukan Co. Pte...
SINGAPORE: POST-GRANT AMENDMENTS
In the case of Genpharm International Inc v Lonza Biologics Tuas Pte Ltd, the Intellectual Property Office of Singapore (IPOS) awarded costs of S$475.00 against the Applicant with S$300 for interlocutory proceedings and S$175 for attendance at the proceedings. The correction made in Table 17 in the patent specification was accepted and other proposed correction by Genpharm International Inc....
MALAYSIA: COURT OF APPEALS HELD THAT ROLLING DOOR PATENT NOT INFRINGED
This is an appeal against the decision of High Court of Malaya at Kuala Lumpur in relation to a patent infringement action between SKB Shutters Manufacturing Sdn. Bhd. and Seng Kong Shutter Industries Sdn. Bhd. and one Mr. Kooi Lam Tan. The High Court held that patent no. MY-128431-A valid and that Seng Kong Shutter Industries and Mr. Tan to be infringing the patent. Seng Kong Shutter...