INTELECTUAL PROPERTY RIGHTS PATENTS

PATENT DEFINITION A form of protection that provides a person or legal entity with exclusive rights for making, using or selling a concept or invention and excludes others from doing the same for the duration of the patent . A patent is a grant of protection for an invention.

PATENTABLE? What is Patentable? Main Categories: Utility Patents: Any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent.

PRODUCT & PROCESS PATENT All Western countries grant "product patents" on new inventions - i.e. the patent is granted for the substance itself. Since 1970, India has granted "process patents," which allow another inventor to patent the same product as long as it was created by a "novel process".

PATENT & TERMINOLOGY AIPA: American Inventors Protection Act of 1999. Background of the invention: A specific subsection of a patent application outlining the relative prior art and problems associated with a technology. Classes: A term relating to Patents, Trademarks and Designs. Classes allow technical and descriptive matter to be categorized and searched. Disclaimer: The exclusion of specific subject matter from the scope of protection claimed. eTAS: Electronic Trademark Assignment System.

Elements of patentability Usually whenever an inventor discusses his invention with patent attorney, the most important elements looked up or analyzed by attorney for determining patentability involves 1. Novelty 2. Inventive step or non-obviousness 3. Capable of industrial application or utility Along with the above parameters the invention should also be falling under the patentable subject matter. 

PATENTS ACT 1970 Patents Act, 1970 After India became a signatory to the TRIPS agreement forming part of the Agreement establishing the World Trade Organization (WTO) the purpose of reduction of distortions and impediments to international trade and promotion of effective and adequate protection of intellectual property rights, the Patents Act, 1970 has been amended in the year 1995, 1999, 2002 and 2005 to meet its obligations under the TRIPS agreement.

TRADE MARK ACT 1999 Trade Mark Act, 1999 The law of trademarks is also now modernized under the Trademarks Act of 1999. In India the trademarks have been protected for over four decades as per the provisions of the Trade and Merchandise Mark (TMM) Act of 1958.

The designs act 2000 The Designs Act of 1911 has been replaced by the Designs Act, 2000. In view of considerable progress made in the field of science and technology, a need was felt to provide more efficient legal system for the protection of industrial designs. To ensure effective protection to registered designs, and To encourage design activity to promote the design element in production.

The geographical indications of goods act 1999 Until recently, Geographical indications were not registrable in India in the absence of statutory protection, Indian geographical indications had been misused by persons outside India to indicate goods not originating from the named locality in India. Patenting turmeric, neem and basmati are the instances which drew a lot of attention towards this aspect of the Intellectual property.

Copyright Act, 1957 Copyright in India is governed by Copyright Act, 1957. This Act has been amended several times to keep pace with the changing times. As per this Act, copyright grants author's lifetime coverage plus 60 years after death. Like wise, there acts to cover The Protection of Plant Varieties and Farmers’ Rights Act, 2001. The Semi Conductor Integrated Circuits Layout Design Act, 2000.

Patent Filing Procedure A “patent application” can be filed by the true and first inventor.  A “patent filing” can be made directly at the Indian patent office or in the form of a conventional application. A patent application can be filed E-filing at any of the four patent offices in India. Patent Offices are located at Kolkata, New Delhi, Chennai, and Mumbai.

Patent Specification A provisional patent specification may contain: *  Title *  Detailed Description * Drawings, if necessary * Sample or Model, if required

Types of Patent Application Form 1. Form 1 – Application for the grant of patent; 2. Form 2 – Provisional or Complete Specification; 3. Form 3 – Statement and undertaking by the applicant; 4. Form 5 – Declaration as to Inventorship; and 5. Form 26 – Authorization of patent agent, in case, filed through a patent agent.

Ownership Ownership Maintenance Assignments of Patent Licensing of Patent

Licensing The Patent Act in India ensures that this monopoly does not harm the competitive structure of the market. This is done through Compulsory Licensing by the government enshrined in Section 84 of the Indian Patent Act, 1970. Any interested person can make a request to the Controller, after the expiry of three years from the date of grant of patent.

Compulsory license Compulsory licenses are generally defined as “authorizations permitting a third party to make, use, or sell a patented invention without the patent owner’s consent.  Compulsory licensing should be considered as a last resort and it is required that the applicant should first make an attempt to get a voluntary license from the patentee itself.

Assignment of Patent An assignment (or an agreement to assign) of an existing patent is a legal assignment, where the assignee may enter his name as the patent owner. A certain share given to another person is called an equitable assignment and a mortgage is when the patent rights are wholly or partly transferred to obtain money.

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