Intellectual Property

December 22nd, 2007

Intellectual Property Rights in

India include among others Patent and Copyright Protection. The Legal Information on IP rights in

India relating to Patent and Copyright are available in the Patent Act and Patent Rules and Copyright Act and Copyright Rules 

The Legal Information on Patents in

India is available in the following Patent Acts and Rules and Amendments thereof. 

The Patents Act
-  The Patents Act, 1970
-  The Patents (Amendment) Act, 1999 dated 26th March, 1999
-  The Patents (Amendment) Act, 2002 dated 25th June, 2002
-  The Patents (Amendment) Act 2005 

Patents Rules 2003, dated 2nd May, 2003 (SO 493 (E))
-  The Patents Rules, 2003 (English Version)
-  The Patents Rules, 2003 (Hindi Version)
-  The Patents (Aamendment) Rules 2005 Dated 28-12-2004 (SO No. 1418(E) (English)
-  The atents (Aamendment) Rules 2005 Dated 28-12-2004 (SO No. 1418(E) (Hindi)
-  The Patents (Amendment)  Rules 2006 Dated 05-05-2006 (SO No. 657(E) 

The Legal Information on Copyrights in

India is available in the following Copyright Acts and Rules and Amendments thereof. The Link to download is provided below.HTML Format Therefore there is significant Legal protection for Intellectual Property and IP Rights including Patent and Copyrights in

India.

    • Posted in Copyright, Intellectual Property, Legal, Law, Patent, articles | No Comments »

    Intellectual Property Rights

    November 25th, 2007

    Intellectual Property Rights are the rights given to persons over the creation of their minds. They usually give the creator an exclusive right over the creation of their creation for a certain period of time.

    Intellectual Property law covers Patents, Trademarks and Copyright. These are sufficiently different in their nature that no one view can be said to pervade the international arrangements with respect to IP.

    Patents provide a monopoly right to the first person (or institution) to invent a product or process. To prevent others from exploiting on the inventiveness of a few and to encourage new inventions, inventors are granted an exclusive, but limited right to exploit their inventions for a certain time period (usually 20 years). This provides an incentive for future innovation. Patent regimes tend to vary a fair bit between nations. International agreements serve primarily to ensure that domestic Patentees are not given preferential treatment.

    Trademark law is intended to protect companies’ investment in the “good will” they develop in their name or mark and protect consumers from confusion. A trade mark is the word or symbol adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others.

    Copyright provides economic incentives for creation as well as protecting an authors’ creativity as embodied in a work. Copyright is the exclusive right to copy a creative work or allow someone else to do so. It includes the sole right to publish, produce or reproduce, to perform in public, to communicate a work to the public by telecommunications, to translate a work, and in some cases, to rent the work.

    Features of Intellectual Property Rights

    1. Intellectual property is intangible
    2. The rights to protect this property prohibit others from making, copying, using or selling the proprietary subject matter.
    3. Under biotechnology, one of the most important examples of intellectual property is the processes and products, which result from the development of genetic engineering techniques through the use of restriction enzymes to create recombinant D.N.A.

    Conclusion

    Intellectual property rights are a complex, multifaceted area and one in which corporate strategy is very poorly understood. Fundamentally, IPR management is a crucial activity best entrusted to experts in the field.

    • Posted in Patent Attorneys, Intellectual Property, Law, Patent, articles | No Comments »

    How do I apply for a patent

    November 13th, 2007

    A complex question to answer is How do I apply for a Patent? Applying for a patent can be a lengthy process, and any mistakes in your application will slow things down further. They can also prove expensive and might mean you fail to get a patent or that it fails to give you broad enough protection. You’d be well advised to seek professional advice from a patent agent.You should never publicly disclose details of your invention before applying for a patent. If you must disclose your invention, you are strongly advised to consider entering into a non-disclosure agreement.

    The application process

    If you want to apply for a patent, first file your non-provisional patent application. This includes a full description of your invention, an abstract, claims and any drawings to which the description refers.Another alternative is to file a provisional patent application. The much cheaper provisional patent application provides one year of protection, allows patent pending status, and does not require writing claims. However, before one year expires you must file a non-provisional patent application for your invention. During this year, you can promote and sell your product and hopefully raise the money for a non-provisional patent.

    Check the novelty of the invention before you apply

    A patent is an investment that must earn money. No patent is ever applied for in all countries of the world, as that would be much too expensive. When applying for a patent, you must look for the profitable countries.If the invention concerns a plastic window frame that is only suitable for Dutch building methods, there is little point in patenting it abroad as well. In that case a Dutch patent is the most suitable. If it is a type of packaging, the number of countries in which that packaging could be sold is much greater and therefore an international patent would be the most suitable. But even in such a case, a patent in all countries of the world is not particularly useful.

    • Potentially profitable countries are not only the countries in which you yourself are active at present, but also those countries where money could be earned in the coming years through third parties or licensing. The criterion in the choice of countries is the extra profit that can be achieved by having protection in that country too. The extra profit is the difference between the profit with a patent and the profit without a patent.

    Seek out a limited number of countries in the major markets where you think you could exploit the patent profitably and where it would be possible to make a strong legal case against infringers. Also consider if competitors will no longer find it profitable to invest in infringement.Keep a careful record of your invention. Record every step of the invention process in a notebook. Describe and diagram every aspect and every modification of the invention, including how you came up with the idea for it. Depending on the invention, you may also need to build and test a prototype. Document all of these efforts. Sign and date each entry and have two reliable witnesses sign as well.Make sure your invention qualifies for patent protection. You cannot get a patent just on an idea. You must show how your invention works and your invention must be new. This means it must be different in some important way from all previous inventions. It also cannot be for sale or be known about for more than a year before you apply for a patent.

    Patents protect inventions by giving the owner the right to stop anyone from making or using the invention without the owner’s permission. This right, granted by the Patent Office, is enforceable in a court of law and can last for up to 20 years. Patents are territorial and can only be enforced in the areas for which they’re granted.

    • Posted in Patent Attorneys, Intellectual Property, Law, Patent, articles | No Comments »