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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 […]

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 […]