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.

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    india patent invention

    December 6th, 2007

    A patent is a set of exclusive rights granted by a state to a patentee for a fixed period of time in exchange for a disclosure of an invention. There are three types of patents namely utility, plant, and design patent.

    Inventions are of two types - patentable inventions and non-patentable inventions.

    The rules for Patentable inventions are as follows:

    An invention should not be related to the natural laws.

    An invention should not cause immorality or which causes serious prejudice to human, animal or plant life or health or to the environment.

    It may be a discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature.

    The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus is not patentable unless such known process results in a new product or employs at least one new reactant.

    A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance is not patentable.

    The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way is not patentable

    A method of agriculture or horticulture is not patentable.

    Any process for the medicinal, surgical, curative, prophylactic diagnostic therapeutic or other treatment of human being or any process for a similar treatment of animals to render them free of disease or to increase their economic value is not patentable.

    Plants and animals in whole or any part other than microorganisms, but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals can be patented.

    A literary, dramatic, musical or artistic work or any other aesthetic creation, including cinematographic works and television productions can be patented.

    An invention related to atomic energy cannot be patented.

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    find patent and trademark attorneys

    December 6th, 2007

    Patents, trademarks and copyrights are areas that fall under intellectual property law because they are all considered intellectual property. In addition to there being attorneys that specialize in the broad intellectual property law area, there are also trademark attorneys, patent attorneys, and copyright lawyers that specifically deal with patents, trademarks and copyrights.

    These patent attorneys, trademark attorneys and copyrights attorneys can help you with legal issues surrounding the rights of ownership of patents, trademarks and copyrights; the application or registration of patents, trademarks and copyrights; licensing and transferring of rights; and the legal or illegal use of any of this intellectual property. The following are general descriptions of patents, trademarks and copyrights:

    * Trademark
    A trademark can be a logo, name, symbol, or device used to differentiate a product or service of one trader (or commercial entity) from that of another-brand identity. Trademark protection lasts for 10 years after registration, and is renewable.

    * Patent
    A patent is the grant of right to exclude others from making, using, selling, or importing an invention or discovery, including new and improved products and processes. Patents can be registered in foreign countries, last for 20 years and are renewable. But, if the patent expires, the exclusive rights to make, use, sell or import the invention or discovery is lost.

    * Copyright
    A Copyright is protection granted to authors of original authorship such as literary, dramatic, musical and artistic works, and computer software, as well as performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs. Example: The creators of your favorite music CD, movie, or computer game have a copyright on their work. Copyrights last for the life of an author plus 50 years.

    Because patents, trademarks and copyrights all fall under the broad area of intellectual property law, if you plan on obtaining a trademark, patent or copyright it is in your best interest to consult with a qualified trademark attorney, patent attorney or copyright lawyers to help you properly file for protection of your intellectual property. Find an attorney that’s right for you and your situation.

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    India Patent Application

    November 27th, 2007

    A Patent Application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. An application consists of a description of the invention, together with official forms and correspondence relating to the application. The term patent application is also used to refer to the process of applying for a patent. 

    The process of obtaining the grant of a patent begins with the preparation of a specification describing the invention. That specification is filed at a patent office for examination and ultimately a patent for the invention described in the application is either granted or refused. 

    These are the following applications filed in

    India 

    • Ordinary application
    • Convention application
    • PCT international application
    • PCT National phase application
    • Application for Patent of addition
    • Divisional Application

     

    Ordinary application 

    An application for patent made in the Patent office without claiming any Priority of application made in a convention country or without any reference to other application under process in the office is called an ordinary application. 

    Convention Application  

    When an applicant comes to the patent office with an application claiming a priority date based on a similar application filed in one of the convention country, it is called a convention application. 

     PCT International application 

    PCT is an international filing system for patents in which the applicant gains an international filing date in all the designated countries conferring the late entry (up to 31 months) to the national offices without affecting the priority date. This is a simple and economical procedure for those applicants seeking protection for the inventions in many countries 

    PCT-National Phase Application An international application made according to Patent Cooperation Treaty designating

    India can enter national phase within 31 months from the international filing date. This application filed before the Controller in the Indian patent office claiming the priority and international filing date is called PCT National Phase application. Application for Patent of Addition  

    When an applicant feels that he has an invention, which is a slight modification on the invention for which he has already applied for/has patent in

    India the applicant can go for a patent of addition. The only benefit he gets is that there is no need to pay separate renewal fee for the patent of addition during the term of themain patent.  

    Divisional application When the application made by an applicant claims more than one invention, the applicant on his own request or to meet the official objection raised by the Controller of Patents may divide the application and file two or more applications as applicable for each of the inventions. This type of application divided out of the parent one is called divisional application. The priority date for all the divisional applications will be same as that claimed by the parent application (Ante-dating).

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    Patent Lawyer

    November 22nd, 2007

    Patents and Trademarks are an important asset in your business. Patents and Trademarks define your competitive edge in the marketplace.

    Individual patents and trademarks are important assets that deserve all the protections worldwide intellectual property conventions allow. Only a Patent Lawyer can address the following important questions:

    Are you getting the most value from your intellectual property investments?

    Does your company need strategic planning for a growing patent portfolio?

    Do you need patent protection for a new invention?

    Has your company been accused of violating intellectual property rights?

    Has your company received a letter claiming you have violated a trademark or patent? 

    Has another company violated your trademark registered to your firm?

    An experienced Patent attorney can protect your valuable intellectual property and defend your company against attack from competitors.

    Patents and trademarks are important to your company’s success. You need an effective, company-wide intellectual property strategy to manage your portfolio. You also need the legal knowledge and experience to protect that portfolio.

    Intellectual Property

    The cornerstone of the practice of a Patent Lawyer involves the development and protection of intellectual property rights by filing national and foreign patent, trademark, and copyright applications no matter where you are located. 

    This also includes the pursuit and defense of traditional patent, trademark, and copyright infringement claims and litigation in related areas such as theft of trade secrets, false advertising, non-competition agreements, unfair competition, deceptive and unfair trade practices, internet law, cyber squatting, domain name disputes (ICANN), and breach of licensing agreements.

    Ultimately, whether a client is negotiating a business transaction, needs counseling and representation about intellectual property use and protection, or is involved in litigation, the duty of the Patent lawyer is to accomplish the client’s goals and resolve the client’s legal issues in the most effective and efficient manner possible.

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