AN INTERNSHIP REPORT

SUBMITTED TO

RAJIV GANDHI SCHOOL OF INTELLECTUAL PROPERTY LAW

IIT KHARAGPUR

AS PER COURSE REQUIREMENT

FOR THE DEGREE

LL.B. (HONS.) INTELLECTUAL PROPERTY LAW

SUMMER INTERNSHIP 2022 (8 WEEKS)

CODE- IP68101

SUBMITTED BY- TASHI CHAUBEY

20IP63029
 20IP63029| RGSOIPL, IIT KHARAGPUR

Table of Contents

DECLARATION 3
ACKNOWLEDGEMENT 4
INTERNSHIP DETAILS 5
TASK DETAILS 5
OBJECTIVES OF TRAINING 6
DETAILED TASK REPORT 7
LEARNING OUTCOME 12
CERTIFICATE 13

TASHI CHAUBEY Date: 12th September 2022

20IP63029

Rajiv Gandhi School of IP Law

IIT Kharagpur

2
 20IP63029| RGSOIPL, IIT KHARAGPUR

DECLARATION

This declaration is made regarding the internship report which has been prepared and drafted
by Mr. Tashi Chaubey guided by Ms.Nanki Arneja, Senior Associate at Chadha & Chadha IP
Law Firm. It contains the tasks undertaken, key takeaways and shortcomings during the
internship. This work was done in respect of the partial fulfilment of the requirement for the
award of degree of LL.B.

This internship has not been submitted either in whole or in any part to any other Law
university or affiliated institute under the IIT Kharagpur, recognized by the Bar Council of
India for award of any law degree or diploma within the territory of India.

TASHI CHAUBEY Date: 12th September 2022

20IP63029

Rajiv Gandhi School of IP Law

IIT Kharagpur

3
 20IP63029| RGSOIPL, IIT KHARAGPUR

ACKNOWLEDGEMENT

Above all, I am very much grateful to all the teaching and non-teaching staff at Rajiv Gandhi
School of Intellectual Property Law, who gave me the opportunity implicitly or explicitly, to
attend this internship at Chadha and Chadha IP Law Firm.

I’d like to convey my deepest gratitude towards Ms. Nanki Arneja, Senior Associate at
Chadha and Chadha IP Law Firm, who gave me the opportunity to learn under his guidance
and guided me throughout the internship.

During my internship, I assisted Ma’am on various assignments in different areas of patent

law. I would like to convey my deepest gratitude towards Ma’am, for giving me a broad
exposure in different areas of patent law and for guiding me throughout the Internship period.

Completing an internship is a rewarding task that requires attention to detail. The varied
nature of the matters dealt with has entitled references to many sources, starting from books
to online sources, and to all of these, I gladly acknowledge my indebtedness for the ideas and
information Ma’am has provided.

Finally, I’d like to thank my friends and families who gave me constant support and
encouragement. And, also I’d like to thank my seniors at the law school who showed me the
right path to obtain and complete the internship.

INTERNSHIP DETAILS

Organization Chadha & Chadha IP Law Firms

Type of Internship Patent Law
Nature of Work Research, Drafting
Reporting To Ms. Nanki Arneja
Duration 3 Months (2nd May, 2022 – 29th July, 2022)

4
 20IP63029| RGSOIPL, IIT KHARAGPUR

1 Month Extension based on Interview and

Prior Assignments.

TASK DETAILS

S.No Work
1. Drafting line drawings for patent application.
2. Analysis of Ayyangar committee report on Section 8 of the Patent Law, 1970
3. Research Assignment: Can an opponent of a pre-grant opposition file a review
petition?
4. Research Paper Summary: Mapping patent classifications: Portfolio & Statistical
analysis, and the comparison of strength and weaknesses.
5. Assignment - Section 8(2) documents for Indian patent application which are
mandatory to submit to the controller as per statutory provision and patent office
guidelines.
6. Case Summary: The European Union represented by the European Commission
V. Union of India (Writ Petition (C) – IPD – 5 – 2022 & Writ Petition (C) – IPD –
6 – 2022)
7. Analysis of prior art for Pre-grant Opposition application.
8. Collating the Pending Patent cases at Delhi High Court in Excel Sheet
9. Case Summary: Best Agrolife Limited V. Deputy Controller of Patents & ANR
(W.P. (C) – IPD 11/2022 & CM 32/2022, 54/2022, 55/2022)
10. Case Summary: [xxx v. Union of India] Kerala High Court directs Central
government to consider compulsory licensing of breast cancer drug Ribociclib.
11. Research Assignment: Patent Valuation using Black Scholes (1973) Analytical
formula.
OBJECTIVES OF TRAINING

As law is also termed as practice, the objective of training was to understand, research,
interpret patent law.

5
 20IP63029| RGSOIPL, IIT KHARAGPUR

During the internship, I got the opportunity to assist Nanki Ma’am on patent law. One of the
main objectives of the training was to diversify and enhance my skill set in terms of legal
research, legal drafting.

The internship helped me enhance various practical as well as soft skills including but not
limited to court craft, professionalism, using resources in a time efficient and in a structured
manner, presentation and also helped me in developing an individual perspective towards
solving any problem.

6
 20IP63029| RGSOIPL, IIT KHARAGPUR

DETAILED TASK REPORT

During the three months of internship, I worked closely with Nanki Arneja Ma’am. She was
my guide/mentor and closely monitored my work. We often had elaborate discussion on the
research/assignments assigned to me.

For the sake of convenience in this report, I have divided the tasks assigned during the course
of my internship on the basis of the given assignments. In addition, I have also tried to
provide the summary of the tasks, my learning and wherever possible also answers to the
legal query involved.

Please note that the complete details have not being provided, owing to Non- Disclosure
Agreement.

7
 20IP63029| RGSOIPL, IIT KHARAGPUR

I. Patent Law

A. Drafting line drawings for patent application.

“Rule 15 - Drawings, The Patent Rules, 2003

(1) Drawings, when furnished under section 10 by the applicants otherwise than
on requisition made by the Controller, shall accompany the specifications to
which they relate.
(2) No drawings or sketch, which would require a special illustration of the
specification, shall appear in the specification itself.
(3) At least one copy of the drawing shall be prepared neatly and clearly on a
durable paper sheet.
(4) Drawings shall be on standard A4 size sheets with a clear margin of at least 4
cm on the top and left hand and 3cm at the bottom and right hand of every sheet.
(5) Drawings shall be on a scale sufficiently large to show the inventions clearly
and dimensions shall not be marked on the drawings.
(6) Drawings shall be sequentially or systematically numbered and shall bear-
(i) in the left hand top corner, the name of the applicant;
(ii) in the right hand top corner, the number of the sheets of drawings, and
the consecutive number of each sheet; and
(iii) in the right hand bottom corner, the signature of the applicant or his
agent.
(7) No descriptive matter shall appear on the drawings except in the flow
diagrams.”

Learning: Drafting format of drawings for patent application as per statutory

provisions & rules.

B. Analysis of Ayyangar committee report on Section 8 of The Patent Law, 1970

As per Report on the Revision of the Patents by Shri Justice N. Rajagopala

Ayyangar (Ayyangar Committee) for foreign application.

“Point No.350 - It would be of advantage therefore if the applicant is required to

state whether he has made any application for a patent for the same or
substantially the same invention as in India in any foreign country or countries,
the objections, if any, raised by the Patent Offices of such countries on the ground
of want of novelty or unpatentability or otherwise and the amendments directed to
be made or actually made to the specification or claims in the foreign country or
countries up to the date of acceptance of the application.

8
 20IP63029| RGSOIPL, IIT KHARAGPUR

Point No. 351 - I would further suggest a provision for ensuring that the applicant
keeps the Controller informed of any further foreign applications made and of the
orders made on such applications after the date of the Indian application.
Naturally this would have to be in the form of an undertaking to be filed by the
applicant.”

Learning: Importance of Section 8 – Information and undertaking regarding

foreign applications.

C. Research Assignment: Can an opponent of a pre-grant opposition file a

review petition?

Learning: Yes, the opponent can file review petition for pre-grant opposition. By
filling Form - 24

Statutory Provisions Involved - Under Section 77(1)(f) & 77(1)(g), Rules 130(1)
and 130(2) of Indian Patents Act,1970 and Rule 55 of the Patent Rules, 2003.

D. Research Paper Summary: Mapping patent classifications: Portfolio &

Statistical analysis, and the comparison of strength and weaknesses.

Learning: Mapping patent classifications - Portfolio and statistical analysis, and

the comparison of strengths and weaknesses. The Cooperative patent
classifications has been developed by collaboration of European and US patent
offices which is useful for mapping Patent and portfolio analysis. This paper is
related to the nested maps online and a routine for generating portfolio overlays
on map which is a new tool for difference maps between patent portfolios of
organizations and firms. In this paper each patent can be represented as a vector
of classification. In the research the authors have used CPC classification for
mapping, reviewing, and integrating the results.

E. Assignment - Section 8(2) documents for Indian patent application which are
mandatory to submit to the controller as per statutory provision and patent
office guidelines.

9
 20IP63029| RGSOIPL, IIT KHARAGPUR

Learning: Collating all the documents for Indian Patent Application as per
statutory provision and Patent Manual.

F. Case Summary: The European Union represented by the European

Commission V. Union of India (Writ Petition (C) – IPD – 5 – 2022 & Writ
Petition (C) – IPD – 6 – 2022)

Learning: The issues before the Court were –

Whether inadvertent delay by the Applicant in filing a response to the FER should
be condoned?

Whether the deemed to be abandoned order passed by the Patent Office must be
set aside?

Whether the Patent timelines are strict and fixed in nature?

Decision: While considering the circumstances in this case to be exceptional, the

Delhi High Court directed the Controller General of Patents to consider the
response to FER on record and to restore the patent applications to its original
position. The Court ordered the Patent Office to proceed with the examination
and to conclude the same within six (6) months and disposed of the writ petitions.

G. Analysis of Prior art for Pre-grant Opposition Application.

Learning: Grounds for Pre-grant opposition.

One of the grounds for pre-grant opposition is Insufficient Description: The

Patent specification does not properly explain the invention or the method of
performing it.

H. Collating the pending patent cases at Delhi High Court in Excel Sheet

Learning: Going through the Delhi High Court website.

10
 20IP63029| RGSOIPL, IIT KHARAGPUR

I. Case Summary: Best Agrolife Limited V. Deputy Controller of Patents &

ANR (W.P. (C) – IPD 11/2022 & CM 32/2022, 54/2022, 55/2022)

Learning: In a recent judgment by a single bench of the Delhi High Court, it has
been held that non-consideration of grounds of pre-grant opposition by the
Deputy Controller of Patents and Designs constitutes a violation of the principles
of natural justice.

J. Case Summary: [xxx v. Union of India] Kerala High Court directs Central
government to consider compulsory licensing of breast cancer drug
Ribociclib.

Learning: Justice VG Arun of the Kerala High Court has directed the
Department for Promotion of Industry and Internal Trade (DPIIT) to contemplate
compulsory licensing of Ribociclib, a breast cancer-saving drug. Court was
hearing a petition of a retired Bank employee who receives a monthly pension of
Rs. 28000, and got diagnosed with HER2- Negative Metastatic Breast Cancer.
The employee is undergoing 'targeted therapy’ treatment. The monthly cost of the
medicines for treatment works out to Rs. 63,480.

*Case is Still Pending.

K. Research Assignment: Patent Valuation using Black Scholes (1973)

Analytical formula.

Learning: The Black-Scholes-Merton model estimates the value of a patent .  It

may also be used to determine the value of intangible assets like goodwill, brand
name, or copyright. We can project future cash flows and determine the net
present value of an asset based on its characteristics. As an option in such
instances, we may utilise the Black-Scholes-Merton model to calculate the present
value of the intangible asset.

11
 20IP63029| RGSOIPL, IIT KHARAGPUR

LEARNING OUTCOME

As we were working on live cases the feeling of forming propositions and arguments was
really great. While reading and analysing judgments/orders, and finding precedents I
developed the skill of legal searching from Manupatra, SCC by using specific keywords.

Legal drafting was also an essential part of my internship experience. Where, I was assisting
the patent team for drafting the pre-grant opposition and preparing First Examination Report
response to Indian Patent Application. This exposure helped me to draft mandatory
documents required for patent application.

I got to work in diverse areas of work and research on legal queries which didn’t have a
straight solution available. And thus I understood the value of application of mind to solve
complex problems.

12
 20IP63029| RGSOIPL, IIT KHARAGPUR

CERTIFICATE

13