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
View More Publication of Patent Application in IndiaTag: Patent
Register of Patents
Register of patent contains all the updated information regarding a patent that is granted. It serves as a database and prima facia evidence for every proceeding instigated under the Indian Patent’s Act before the Controller or the Appellate Board. When there is any change in the title, interest, or information contained in the patent, the patentee or the title owner is under the obligation to intimate it to the controller so that he can make the necessary changes in the register.
View More Register of PatentsPatent Opposition System in India
Patent guarantees exclusion right or rather monopoly over a product or process. This is granted when someone justifies the exclusive right and complies with the patentability criteria. The opposition system in India under the Indian Patents Acts exists to restrain people from wrongfully obtaining patents and to avoid frivolous or petty innovations.
View More Patent Opposition System in IndiaAmendment of Patent Applications and specifications
Under sec 57 of the Indian Patents Act, the controller may amend the application for patent or the complete specification or any document relating thereto to be amended subject upon an application made by the applicant or patentee under this section. Thus, a controller cannot suo moto amend the above mentioned and that the power of the controller to correct the clerical error under sec 78 does not empower him to make amendments.[1] Also, the application for amendment can be made both before the granting of patent and after granting of a patent. But, the power of the controller to make amendments under this section is subject to one important condition that he cannot pass any order allowing or rejecting the application for an amendment if any suit regarding the infringement of trademark or a proceeding for revoking a patent is pending before the High Court.
View More Amendment of Patent Applications and specificationsRights of patentees
A patentee is a person who is entered in the register of patents as the grantee or proprietor of a patent for the time being. The person to whom the patent has been granted is known as Patentee. The Patentee is entitled to use the property or invention in the same manner as the owner of any movable property.
View More Rights of patenteesQualifications and rights of the patent agent in India
A patent agent is a person who is registered and authorized by law to practice before an Indian Patent Office and deal with patent applications. The expertise of a patent agent is used to protect intellectual property and prevent infringement. In order to become a patent agent, one has to qualify the Indian Patent Agent Exam conducted by the Department for Promotion of Industry and Internal Trade.
View More Qualifications and rights of the patent agent in IndiaWhat is a provisional patent application and its complete specifications?
A patent is an exclusive right or title that is conferred to a person or an inventor by the government, for an invented or manufactured article, for a limited period, so as to prohibit others from using, exploiting or selling an invention. The World Intellectual Property Organization (WIPO) defines a patent as an “exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.
View More What is a provisional patent application and its complete specifications?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.
View More International Arrangements under Patent LawExamination of Patent Application
Focus Keyword- Examination of application Additional keywords- Section 12, Section 13, Search for anticipation Request and Examination of Patent Application After a patent application is…
View More Examination of Patent ApplicationNovartis AG v. Union of India
Introduction The case of Novartis AG v. Union of India (Civil Appeal Nos. 2706-2716 of 2013), is the most distinguished judgment on the Patent rights…
View More Novartis AG v. Union of India3D Printing of Organs and Patent Concerns in India
Intellectual property rights are awarded to individuals over creative works: inventions, literature, writings, designs etc. These rights give the owner the right to protect the…
View More 3D Printing of Organs and Patent Concerns in India