Compulsory Licensing is an authorization given to a person to use a patented invention without any permission from the patent holder of that invention. It is a boon for all the under-developed and developing countries, but the developed countries are against it. The reason is that the under-developed and developing ...Read More
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WIPO (World Intellectual Property Organisation) defines Intellectual Property to be creations of the mind that have been manifested[1]. Inventions form a v...Read More
Intellectual Property (“IP”) is a valuable asset for a company to advance its commercial success and gain investor goodwill. A company’s patents give it an edge over other players in a market where new goods are introduced every day. Other IP assets such as trademarks and designs help set a brand apart from the rest of...Read More
The latest Bill is all set to bring about major changes in practice and filing of patent applications. The law proposes a mandatory disclosure of the Geographical Indication or Traditional Knowledge which has been used in order to form the patent. This means that one's the patent is developed using a prior GI or TK then complete information of its usage along with 'Prior Informed Consent' (PIC) and 'Mutually Agreed ...Read More
The patent application is an official request filed by the applicant for the grant of a patent or invention done by him, and to obtain permission the applicant must apply at a patent office. A patent application can be filed with Indian Patent Office either with...Read More
The fast pace at which technology is developing in the world is reflected in the creative inventions that are coming up every day. Nowadays, people are increasingly aware of the value of their ideas and seek to protect them from the competition. The most prominent way to do so is by getting their creations patented. However, taking an invention from an idea to an actual patent is not an ea...Read More
It is not necessary that an applicant and inventor of a patent is the same person, in most cases they are different. The question is in such a case will it not be problematic to attain a patent? The answer is absolute ‘NO’. The provision for this problem lies in section 7(2) of the Indian Patents Act, 1970, which say...Read More
Since the Patent Amendment Rules, 2016 came into force i.e., 16th May 2016, there was an option given to the attorneys to attend the hearing via “Video Conferencing” under sub-rule (6) of rule 28 of Principal Rules, which provides as herein below:“(6%...Read More
If a monkey takes photographs who will win the rights of the copyright- monkey or human? This question went viral with the publication of the selfie of a monkey. Finally, The US Court has answered this controversial topic that has been doing the rounds since 2015. U.S court decided that no monkeys can own the copyright because copyright is only applicable to humans. A quick recap of this copyrights issue....Read More
If I invent an object, can that be protected under any law? The answer is yes; an invention is protected under an Intellectual Property Rights law as a Patent. It is an exclusive monopolistic right given to the owner to exploit his or her invention for a limited period....Read More
Introduction Every coin has two sides likewise, every right granted has duties imposed simultaneously on the right holder. A patent is a negative right given to its holder to stop any other person from using his/ her invention without prior permission. ...Read More
The invention of a new thing requires an endless amount of time, research, and most importantly hard work which has been put in development. How would one feel when after all this hard work someone else uses and claims your invention? Your invention needs to have recognition and for that one n...Read More
One can get international patent protection on their invention in 2 ways:1. Paris/Conventional RouteIn this approach the applicant can either simultaneously file in all desired countries where it wants protection or file in one of the 177 signatories of the Paris Convention (PC), which will give the applicant a grace period ...Read More
On January 10, 2018, the Delhi High Court passed an important order saying that every patentee is required to submit their patent working information as prescribed by Form 27. The court rejected the contention that such information is confidential, and made it clear that as per the provisions of the Patents Act, 1970, every patentee is mandated to furnish this information withou...Read More
Pre-2005 amendment of Patent law, product patenting to pharmaceutical substances was not acknowledged. The introduction of section 3(d) of the patent act has helped in preventing the multinational pharmaceutical companies from extending the life of a patent or from %...Read More