Publication of Patent Application in India : Lawcirca

Publication of Patent Application in India

Publication of Patent Application in India is one of the prime stages in the process to get the patent. Once the application for filing of the patent is made according to the Indian Patent Act 1970, Application shall be published for public inspection for 18 months from the date of filing or priority date of the patent. The act made it mandatory for every patentee to publish the patent application for the inspection of the general public in the official gazette of the country

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What Trademarks are registrable in India?

What Trademarks are registrable in India?

A Trademark is a form of Intellectual Property which distinguishes a good or service. It may consist of a sign, symbol, shape, colour, name or any other unique and distinct identification mark that would make a good or service easily differentiable from other commodities. A Trademark provides legal protection from infringement and prevents others from copying the same or creating deceptively similar marks. Trademarks can be owned by an individual, a business organisation or any other legal entity.

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Penalties and reliefs under the Patents Act

Penalties and reliefs under the Patents Act

Chapter XX of the Patents Act, 1970 lays down the provisions on penalties under the Patent law. Section 118 to Section 124 lays down the various parameters for imposing penalties for acts which are prohibited under the Patent law. The penalties envisaged under the Act are in the form of fines, imprisonment or both.

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International Arrangements under Patent Law

International Arrangements under Patent Law

This international aspect of protecting inventions under the patent law has been introduced under Chapter XXII of the Patents Act, 1970 which deals with International Arrangements. The patent applications which are received under the aegis of the Paris Convention, 1883 and the Patent Cooperation Treaty (PCT), 1970 to which India is also a member are dealt with under the provisions of this chapter.

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What are the grounds for refusal of registration of a trademark?

What are the grounds for refusal of registration of a trademark?

The Trade Marks Act, 1999 defines a “trademark” under Section 2(1)(zb). A trademark means “a mark capable of being represented graphically and which is capable of distinguishing the goods and services of one person from those of others and may include the shape of goods, their packaging and combination of colours.”

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