Author: kalaivani

Fallen in public domain in an industrial application Section 64 and 107 of Patents Act, 1970 describes the technical advance which had not so far fallen in public domain in an industrial patent application and which was not obvious before its pronouncement, such technical advance though may be miniscule in nature could still be recognized as an invention. Validity of […]

Introduction An applicant can file a Patent of Addition for an improvement or modifications made on the invention disclosed in the complete specification. The term for a Patent of Addition shall not exceed the term of a daily patent, and shall not be granted prior to the date of grant of a patent for the main invention. A Patent of […]

Why do we need patent registration? The patents offer you bound legal rights, which may deter rival businesses from victimization or repeating your product or inventions. Whether you’re a non-public creator engaging from your home, a full-time businessperson, or a principal during a massive company entity developing or processing product or that suggests that of manufacturing them, protecting innovation is […]

Process of manufacturing “Engrave design” etc., Clearly and plainly, the actions of the custom authority/ defendant No. 2 to indulge into such action giving its own interpretation to the rules and circulars contrary to the court’s interpretation once the orders of this court are in force is not merely wrongful, illegal, actuated by malice but also is an utter disrespect […]

Patent registration procedures In the modern era of industrial growth and business development, one of the key points is to be unique from others. The tremendous evolution of business development brings the competition of the inventors.  The major provision in patent registration procedure to the necessary of the owner of invention is the necessary to register his/her invention as patent. […]

Application of the principles of natural justice Section 25 of the Patents (Amendment) Rules, 2005 of rule 55 (1) provides the opposition of Application of the principles of natural justice depends upon the statutory implication of patent registration. The needs of natural justice differ with the varying constitution of the various Quasi-judicial authorities and the statutory provisions of the Patents […]

Persons entitled to apply for Patents Subject to the provisions contained in section 134, an application for a patent for an invention may be made by any of the following persons, that is to say,- By any person claiming to be the true and first inventor of the invention; By any person being the assignee of the person claiming to […]

Publication of application Save as otherwise provided, no application for patent shall ordinarily be open to the public for such period as may be prescribed. The applicant may, in the prescribed manner, request the Controller to publish his application at any time before the expiry of the period prescribed under subsection (1) and subject to the provisions of sub-section. The […]

Opposition at a pre-grant stage to the Patent Application Section 25 of the Patents Act, 1970 mentions the opposition at a pre-grant stage to the patent application of the patentee. Therefore, advisedly right to object at a pre-grant stage has been given to ‘any person’ by the said amendment. This is an illustration of statutorily broadening the concept of locus […]

Mandatory provision of patent registration On the conjoint reading of both the above Sections, it is clear that there is a mandatory provision provided under section 8 where under the applicant for patent is under obligation to disclose the information to the Controller of Patents regarding any patent application which is pending in the country outside India in respect of […]