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Amendment of Patent Applications and Specifications The relevant sections and rules on amendment of applications and specifications under the Indian Patent Act are listed below: Section 57: Amendment of application and specification or any document relating thereto before Controller Subject to the provisions of Section 59, the Controller may, upon application made under this section in the prescribed manner by […]

Inventor can find a licensee to license his invention Finding a large company to license their invention is a common route chosen by inventor. It is very difficult to find a company interested in licensing an invention. Those with the highest chance of success will be those who are recognized experts their field, and/or those who have a pre-existing relationship […]

Patents and business It is false that patents are only applied to complex physical or chemical processes and products or that they are only useful to bigger corporations or industries. Any area of technology from paper clips to computers can obtain a patent. It is so obvious that whenever the people think of the word patent, they start thinking about […]

What is patent? A patent for an invention is an exclusive right granted to the owner of that invention. An invention can be a product or a process that gives a novel technical solution and protection to a problem including a new method of doing things, the mixture of a new product, or a technical betterment on how certain objects […]

Section 92: Compulsory license on notification by Central Government If the Central Government is satisfied, in respect of any patent in force in circumstances of national emergency or in circumstances of extreme urgency or in case of public non-commercial use, that it is necessary that compulsory licenses should be granted at any time after the sealing thereof to work the […]

Patent Opposition A patent is a right granted by the government to an inventor to exclusively make, sell his invention or product or process. Consequently, it becomes essential that the patent is granted solely to those innovations which confirm the exclusive right and abide by the patentability criteria. Proceedings of opposition are framed in order to prevent unlawful grant of […]

Scheme of examination and investigation From the reading of the aforementioned Rule 24B, it is clear that the said rule provides for the process of examination of the patents. The said Rule also provides for the matters like under Section 11B, explanation appended to Section 16 under Rule 24B as purposes for which the request for examination is necessary and […]

Patent Cooperation Treaty (PCT) The Patent Cooperation Treaty (PCT) is an international treaty with 150 contracting states. Instead of filing various separate national or regional patent application it makes it possible to pursue patent protection for an invention at the same in a large number of countries by filing a single international patent application. National phase is nothing but the […]

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 […]