Dear friends in Japan, We are glad to announce that our article on Patent system and IP case study of ASEAN countries and India has been published in Japan Patent Attorneys Association’s monthly ‘Patent Magazine’ (June 2011 Edition). A PDF copy of the article is now available in JPAA’s website. (Only available in Japanese language.)http://www.jpaa.or.jp/activity/publication/patent/patent-library/patent-lib/201106/index.html […]
The End of “Swiss-type” Use Claims in Thailand
In a recent Decision No. 1/2533, the Thailand Board of Patents has considered the subject matter of Patent Application No. 0201003643 entitled "Method for Treatment of Hepatitis C Virus" as a method of treatment and rejected the application despite that the claims were amended to a "Swiss-type" use format. A "Swiss-type claim" or "Swiss-type of […]
Malaysia - Compulsory Licences An Exception To Data Rules
A significant number of developing economies have, of late, mustered up the courage to antagonise multinational pharmaceutical companies by issuing compulsory licences. The rationale for this is concern over the public health. As is well recognized, compulsory licences are effective instruments to provide access to expensive drugs. It would be interesting to note the overlap […]
High Court Rules On Confidential Information
The year began with a judgment over a patent law dispute involving the Tai family of Malaysia (Soon Seng Palm Oil Mill (Gemas) Sdn Bhd and others v Jang Kim Luang @ Yeo Kim Luang and others). The action revolves around a process patent for “the extraction of intrinsic fibers from waste material left behind […]
Thailand - An invention filed as a design: Dcon concrete planks
In many countries, IP law affords separate protection to functional and non-functional aspects of a newly developed product. While novelty in function (a new invention) is covered by patent law, newness in aesthetics and other superficial features are protected by design law. However, in Thailand, IP protection for functional and design aspects is not mutually […]
ASEAN Patent Examination Cooperation (ASPEC) – Towards A Faster And Better Quality Search And Examination Of Patents In The ASEAN Region
The search and examination of patents is an activity which consumes many resources. In order to streamline the process and to reduce the turnaround time, IP offices in member states of the Association of South East Asian Nations (ASEAN) collectively launched the ASEAN Patent Examination Cooperation Programme (ASPEC). ASPEC, the first of its kind in […]
Patent Examination in Malaysia Expedited
On 15 February 2011, Malaysia introduced laws to allow expedited patent examination under the Malaysian Patents Act 1983, pursuant to the Patents (Amendment) Regulations 2011. The implementation of expedited examination is aimed at reducing patent pendency, by expediting and accelerating allowance and issuance to grant of a patent. The expedited examination program is only applicable […]
Malaysia - Validity Of Prior Art Ruled Separate To Disclosure
Prior art constitutes all information that has been disclosed to the public in any form before a given date, that might be relevant to a patent’s claims of originality. It may include any patent related to the invention regardless of whether the patent is valid or not, as the act of publication or use of […]
Philippines - Case Notes:Phil Pharmawealth v. Pfizer
The Supreme Court of the Philippines was recently faced with an intriguing issue: Is it permissible to grant an injunction in respect of a patent post-expiration of the patent term? The Supreme Court also had the opportunity to opine on another interesting issue, that of forum shopping. Without jumping the gun by stating how the […]
Medical Use Claims in Singapore
Section 14(7) of the Singapore Patents Act provides an exception to the general understanding of novelty as it says that the fact that a substance or composition for use in a method of treatment of the human or animal body by surgery or therapy or of diagnosis practised on the human or animal body is […]