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
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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
While developing a new idea as a product, pioneers naturally put a considerable measure of time into the innovative work of the product. They concentrate on building a business model, getting an increasing number of investors to put resources into the business believing that the product will pick up an early footing in the market. What they overlook is to have a sound Intellectual Pro...Read More
Apple has filed a patent application, for technology that will reportedly let the user set up wireless charging, with the US Patent and Trademark Office (USPTO). This feature is expected to be first incorporated in the iPhone first, followed by Apple Watch and then the iPad. The long-rang...Read More
Technological developments have attained a rapid pace that has resulted in extreme industrial competitiveness. Big players are investing enormously to protect their Intellectual Property Rights (IPRs). On other hand, Start-Ups having limited resources and manpower, struggle to file protection for their IPR. But it is equally important for them as well to protect their inventions. To remove this barrier, and e...Read More
To obtain a patent, an invention must fulfill three important patentability criteria: non-obvious, useful, and novel. If an invention is obvious to either experts or the general public, it cannot be patented. Obviousness is one of the crucial parameters on which issuance of ...Read More
As reported by Times of India, legal action has been initiated by Sarin Technologies against a diamond manufacturer in the city. Sarin Technologies has been claiming fraudulent use of its Galaxy inclusion mapping technology and software. The company's subsidiary Galatea has initiated the legal proceedings following a long-term discrepancy between the weights of rough stones the Galaxy system was processing...Read More
In 2016, Samsung was sued by Huawei in both China and the US for allegedly infringing on multiple wireless communication patents. Today a Shenzhen judge ruled against Samsung. The court has restricted Samsung from selling any product using technology protected by the one patent it found the company to have violated. Samsung has also been ordered to pay a small court fee....Read More