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Divisional Patent Application As per the name indicates Divisional Patent Applications are those applications that have been derived from another patent application. Provisions which deal with the Divisional Patent Application are specified under Section 16 of Indian Patent Act, 1970. Section 16(1) An applicant may, at any time before the grant of a patent registration, if he so desires, or […]
Continue reading »Secrecy directions relating to inventions relevant for defense purposes (1) Where, in respect of an application made before or after the commencement of this Act for a patent registration in Coimbatore, it appears to the Controller that the invention is one of a class notified to him by the Central Government as relevant for defense purposes, or, where otherwise the […]
Continue reading »Introduction Infringement is using a patented invention without taking explicit permission from the patentee. Only the patentee has the right of offering for sale or selling his patented invention or using the patented invention for commercial purpose for a time period of 20 years from the date of filing of patent registration application. A person should be aware of the […]
Continue reading »Section 83: Working of patents Patents are granted to encourage inventions and to secure that the inventions are working in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay. Patents are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article. The protection and enforcement […]
Continue reading »Grant of Patents and compulsory licensing of Patent Registration Grant of patents is subject to certain conditions stating that- 1. Any kind of machine, apparatus or other article or any article made by using a process for which the patent is granted, may be imported or made by or on behalf of the Government for the purpose only of its […]
Continue reading »Patent Agent for Patent Registration in India In accordance with section 125, 126 and 127 of The Indian Patents Act, 1970; a patent agent is a professional whose name has been registered as a patent agent in the register of patent agents as maintained by the patent office and who is authorized to draft and file the patent applications on […]
Continue reading »Conditions of patentability – Patentable inventions The TRIPS Agreement of the World Trade Organization laid down certain basic common features for granting patents; that are novelty, inventive step and utility. All these requirements: having their origin from The Paris Convention, vary within different countries. Basic conditions of patentable inventions are: 1. Novelty (New): Any invention is considered as new or […]
Continue reading »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 […]
Continue reading »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 […]
Continue reading »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 […]
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