Patent Business Lawyer in Asia

Patent Attorney practicing Patents, Corporate Law, Mergers and Acquisitions, Venture Financing, Startup Technology Law

Pharmaceutical patents for inventions resulting from combination of previously known active ingredients face higher level of scrutiny from the patent examiner as patent office does not generally allow the patent owners to extend the life of existing patents by filing new patents for substantially same or similar inventions, without any novelty or inventive step (non-obviousness).

patent attorney in india

Evergreening of Patents

Q. What is evergreening of patents?

Such strategies are commonly followed in pharmaceutical sector for drug patents and hence, patent offices rely on the determination of a new or a non-obvious synergy or a distinct effect. In use, such a novel and non-obvious synergy or the distinct effect has to be covered comprehensively by drafting a strong and focused set of patent claims, which can be further supported by way of accompanying detailed description of the invention including results of clinical (laboratory) and biology test results.

Therefore, while drafting patent applications covering drug patents and pharmaceutical inventions, pharma patent attorneys follow the best practice of writing patent specifications with the required detailed description of the inventions to satisfy the patent eligibility criteria.

Patent Thicket

Q. What is a patent thicket?

Another term related to evergreening of patents is patent thicket, which implies a dense web of overlapping intellectual property rights that a company must hack its way through in order to actually commercialize new technology, in other words, “an overlapping set of patent rights” which requires innovators to reach licensing deals for multiple patents from multiple sources.

Product Hopping

Q. What is product hopping in pharmaceutical sector?

As it is well known, pharmaceutical sector often experiences battle between generic drug makers and multinational pharmaceutical companies, which results in “product-switching” or “product hopping”, whereby brand name pharmaceutical companies make an effort to block generic drug manufacturers, which are their competitors, on a patented drug by making slightly different reformulations that offer little or no therapeutic advantages.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech)

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.

Pharmaceutical Patent Attorney

Law office of Rahul Dev is a niche technology and research based law firm focusing on next generation business and legal issues faced in India and outside India during international business and cross-border technology transactions. We assist our clients in close collaboration with our associates and counsels within India and outside by providing custom engagement models to address our client’s needs.

Practice areas include drafting and filing pharmaceutical and drug patent applications, pharmaceutical and drug patent prior art searches, pharmaceutical and drug patent prosecution, pharmaceutical and drug patent filing in India, pharmaceutical and drug PCT national phase entry in India, pharmaceutical and drug PCT international applications with WIPO, freedom to operate searches for pharmaceutical products and drugs, patentability analysis of pharmaceuticals and drugs and patent strategy to create a valuable patent portfolio comprising of new pharmaceutical and drug.

Pharmaceutical Patent attorney Rahul Dev works with clients providing expert legal services in the field of innovative pharmaceutical products, branded drugs, generic drugs, molecular biology, immunology, cell biology, regenerative medicine including ESCs, iPSCs, pSCs, diagnostics, therapeutics, theranostics, drug delivery systems, host-vector systems, high throughput screening, bioinformatics, diagnostic imaging, ancillary services (PET, CT, MRI, ultrasound, greenlight, lithotripsy, radiation therapy, cyber-knife, nuclear camera, clinical lab, pathology, physical therapy and dispensing prescriptions).

Patent attorney and technology lawyer Rahul Dev works closely with USPTO licensed patent attorneys to assist clients with patent reexaminations, patent prosecution, drafting USPTO office action responses, patent infringement litigation, patent claim mapping and patent licensing. For international patent filings, we have an established network of global patent attorneys to provide reliable and cost effective services to our clients.

BioSpectrum Asia – Debate over compulsory licensing of Bayer’s Nexavar 

Originally published here.

compulsory patent licensing india

Full Article: India allows compulsory licensing of Bayer’s Nexavar

In March 2012, the Indian Patent office granted first compulsory license to NATCO pharma to make anti-cancer drug sorafenib for the India market. However, the compulsory license is subject to certain conditions, such as maintaining account of sales, and payment of royalty at six percent of the net sales on a quarterly basis to Bayer. The order also makes it obligatory for NATCO to supply the drug free-of-cost to at least 600 needy and deserving patients per year.

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

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Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

[slideshare id=nBPIaLwdPRD8AB&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

Patent Basics and Intellectual Property Rights from Rahul Dev

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IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

[slideshare id=45lPAl6nOHQUkd&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

Full Article: Patent Opposition in India: Recent Trends

Overview of patent opposition in India, the two-stage patent opposition process and how it affects the industry, as the patent applicants are now vulnerable to multiple pre-grant oppositions filed by competitors, or even by a single competitor, since there is nothing to stop a party which has filed a pre-grant opposition from subsequently filing an opposition once the patent has been granted.

Originally published here.

pre grant post grant patent opposition lawyer attorney law firm

As a result, it is not uncommon that continuous and repeated opposition proceedings have been launched against the same patent application. The resulting delays are a major cause of concern for the patent applicant, as the patent term begins to run from the date of filing of the application. This wave of opposition proceedings is also adding to the backlog of patent prosecutions at the Indian Patent Office. Given that revocation and litigation are also available options to challenge a patent, the delay in grant may be regarded as bias against the patentee.

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

[slideshare id=nBPIaLwdPRD8AB&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

Patent Basics and Intellectual Property Rights from Rahul Dev

[slideshare id=fedUH8BLnh5Y6T&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

[slideshare id=45lPAl6nOHQUkd&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

Asia Pacific – Regional Forum News – Newsletter of the International Bar Association Legal Practice Division

Full Copy of Publication: Local working requirements and enforceability of patents: an Indian perspective of challenges and opportunities surrounding a granted patent

This article provides a basic overview regarding local working requirements of granted patents in India in light of recent developments, and a brief analysis of enforceability of patents in India.

Originally published here.

patent enforcement lawyer attorney india

Generally, “Local Working” refers to the conditions imposed by some countries on patentees that their patented product or process must be used or produced in the patent granting country. It is also known as commercial working (or exploitation) of a patent in a country.

With regards to the enforceability of patents in India, it is crucial to note that since the advent of a pharmaceutical patent regime in 2005, the number of patent litigations in India has witnessed a rapid increment. However, courts have yet not received a level wherein the correct standards for the grant (or non grant) of an injunction or a restraining order may be determined. 

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

[slideshare id=nBPIaLwdPRD8AB&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

Patent Basics and Intellectual Property Rights from Rahul Dev

[slideshare id=fedUH8BLnh5Y6T&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

[slideshare id=45lPAl6nOHQUkd&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

By 2020, according to Frost & Sullivan, healthcare expenditure in the APAC will increase 151 percent over 2010 figure, to $2927 billion at a compound annual growth rate of 9.2 percent.

Factors such as increasing population, per capita income, prevalence of lifestyle diseases due to rapid urbanization, apart from cost factors, are aiding growth. However, the opportunities come with a set of challenges, some of which are unique to the region. The APAC is characterized by diverse therapeutic segments, different and complex regulatory laws and a fragmented market, and the global economic crisis has added a new layer of complexity to the already challenging environment.

Originally published here.

patent attorney asia china india malaysia singapore

BioSpectrum identifies 10 challenges that are common to the region and are likely to be hurdles in the industry’s progress. Cultural Diversity Critical Mass Policy Issues Raising Capital Human Resouces Regulatory Issues Currency Fluctuation Partnering Price Sensitivity Credible “midsize” CROs.

Regulatory challenges in APAC include a major challenge in India of having an effective mechanism for dealing with the government, given its active responsibility in taking funding decisions, regulating healthcare services, and deciding policy issues, including the most crucial ones regarding intellectual property rights. “In China, companies need to pass many hurdles such as complicated regulatory framework and a lengthy process for getting a product registered and then getting it added to the national reimbursement list,” he adds. In Australia, he says, the challenge for pharmaceutical companies “is the upcoming patent expiration for drugs developed in the 1980s and replicating those profit streams”.

More about regulatory challenges in APAC can be read here.

Full Article can be read here: 10 challenges for businesses in APAC

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to FinTech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

[slideshare id=nBPIaLwdPRD8AB&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

Patent Basics and Intellectual Property Rights from Rahul Dev

[slideshare id=fedUH8BLnh5Y6T&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

[slideshare id=45lPAl6nOHQUkd&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

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