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Construction of Claims Patent is an inventive concept which consists of a unique and novel procedure to be followed in invention. Patent application is accept when the applicant filed the patent claims and patent specification. Claim is considered as a heart of the patent application. It will protect the rights of the patentee. Patent Registration has been done by the […]

Improper Examination of Patent Section 12 and 13 of the Patents Act, 1970 specifies the improper examination of patent. Specifically, Rule 81 (3)(a) read with Rule 57 (3) explains  the improper examination of the patent. Patent claims amended but the same were not examined property nor were they advertised. The defendant has cited several documents containing the prosecution history in […]

Design Patent Registration Design registration is one of the intellectual property rights which provide the exclusive right to the owner. The Design registration is done by the registered Patent Attorney and registered patent agent. In Catena of High Court judgments, it has been held that reproduction of the artistic work through industrial process by the owner takes away its protective […]

The principles for grant of injunction of Patent Registration have been succinctly discussed in American Cyanamid Co’s case which have been accepted and followed in the case of franz Xaver Huemer versus New Yash Engineers. It is true that earlier, in the well-known case in American Cyanamid versus Ethican (interlocutory), it was observed that it was sufficient if a “triable […]

Amendment of Applications and Specifications under the Indian Patent Act Patent Registration is done by the IP registry with the help of Indian Patent Attorney. The patent is granted according to the rules and sections of Indian Patents Act, 1970. As the days passed, there was some changes are needed. So the Sections and rules of the Indian Patent Act […]

If any person infringes the provision of the Patent Acts and Rules, then he is susceptible to be penalized or punished. When a court comes to know that somebody is infringing another’s patent, then the person who is infringing can face several penalties. Generally, the penalty the court may ask the infringer to pay for the damages that the patent […]

Introduction Patents are the rights that are restricted to the person, group, or area concerned. These rights are granted by government to the applicant for his unseen inventions of any of the industrial products or processes provided that they are new, non-obvious, useful and patentable under patentability criteria laid down in the national law. Information relating Indian patents can be […]

Types of patent application Ordinary patent applications: Made under the provisions of Indian Patent Act. It is then accompanied with provisional or complete specification. Patent of addition application: Patent of addition can be filed for any kind of improvement in or modification of an invention for which a patent has already been applied under the provisions of Indian Patent Act. […]

Introduction to claims In India, Every Innovative thing has been recognized as an invention after its completing its patent registration process. Claim define the outlines of rights, if and when a patent is granted for an invention. Hence, claims are the most critical are the most critical part of a patent application. In a complete specification the description is mentioned […]