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Anticipation by previous publication An invention of patent claimed in a complete specification shall not be deemed to have been anticipated by reason only that the invention was published in a specification filed in pursuance of an application for a patent made in India and dated before the 1st day of January, 1912. Subject as hereinafter provided, an invention claimed […]

Opposition Proceedings to the patent Where an application for a patent has been printed however a patent has not been granted, any individual might, in writing, represent by means of Opposition Proceedings to the Controller against the grant of patent on the ground- (a) That the soul for the patent or the person below or through whom he claims, adjure […]

Restoration of lapsed patent Under the Provisions of Indian Patents Act, 1970 lapsed patents are the patents which are going to expire by without paying the maintenance fees within the due date. The Patents Act, 1970 provides various safeguards provided for the restoration of patent registration. The patentee have to file an application for restoration using Form-15. The Form-15 is […]

What is patent? Patent is a type of intellectual property rights and which is given to an unique idea. If the individual can have the idea of inventive concept, he can able to legally protect his concept and claiming the ownership of his business. The idea of invention must be new and novel and it does not existing already. Patent […]

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 […]