Guide of Patent Protection

Facebook trademark dispute

June 30th, 2008

Silicon Valley entrepreneur Aaron Greenspan has filed a petition with the U.S. Patent and Trademark Office, seeking cancellation of Facebook’s registered trademark on the term “Facebook.” He cited three reasons …

The Doctrine of Obviousness in India

June 29th, 2008

Obviousness is a noun, derived from word obvious meaning easily seen, recognised or understood. The word obvious has originated from the Latin word “obvius” meaning “in the way”.

To interpret the doctrine of obviousness it is necessary to first understand the objective of grant of Patent.

Object of grant of patent is to encourage scientific research, new technology and industrial progress and for that object exclusive privilege is granted. At the same time before awarding patent for any invention it has to be considered that the invention must be novel, must involve an inventive step and must have industrial application. These requirements are to be strictly followed before a patent could be granted for any invention in any country all over the world.

A. Obviousness under 1970 Act

Only a ground under opposition that too after grant and Revocation of Patents

The invention was defined under Section 2(1) (j) the Indian Patents Act, 1970;

(j) “invention” means any new and useful-art, process, method or manner of manufacture; machine, apparatus and other article; substance produced by manufacture, and includes any new and useful improvement of any of them, and an alleged invention.

As inventive step was not defined in an invention, there was no such provision during examination.

Only after advertisement of acceptance of complete specification within 4+1 months, under Section 25(1) (e) not having the inventive step is a ground for opposition.

(e) that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step, having regard to the matter published as mentioned in clause (b) or having regard to what was used in India before the priority date of the applicant’s claim;

Absence of inventive steps is also a ground for revocation under Section 64 (1) (f) of the Patents Act:-

(f) that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step, having regard to what was publicly known or publicly used in India or what was published in India or elsewhere before the priority date of the claim;

Therefore under the 1970 Act onus that the invention does not involve any inventive step was on the person interested.

B. Under the Patent Amendment Act in 2003 (that came into effect on 20.05.2003)

No change in the definition of invention till 2003

Definition of invention changed (Section 2(1) (j) now the “invention” means a new product and process involving an inventive step and capable of industrial application.

After which the inventive step was also considered during the examination.

And the Inventive step was defined under Section 2 (1)(ja) of the Patents Act

“inventive step” means a feature that makes the invention not obvious to a person skilled in the art”.

C. Further under the Patent Amendment Act, 2005 (which came into effect retrospectively 01.01.2005)

The Definition of Inventive step was further revised.

Now under Section 2(1)(ja) the “inventive step” means a feature of an invention that involve technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.

Even the official manual of the Indian Patent practice acknowledges that “definition of inventive step has been enlarges to include economic significance of the invention apart from already existing criteria for determining inventive step”.

But the expression “or” denotes that economic significance has to be given similar importance as to technical advancement and both have to interpreted in terms of knowledge and skill of the person skilled in art. Further it is apparent from the intention of the legislature that either the economic significance or technical advancement has to be present for qualifying the invention under the inventive step.

D. Approach of Indian Patent Office

1. Considers novelty and inventive step as one or the same thing.
The Indian Patent Office considered the novelty and inventive step on the same lines which reflects in the examination report issued by them.

2. Gives importance even to “A” category citations in the ISR/IPER for construction of Inventive step.

In a mechanical manner the Patent Office gives importance to even ‘A’ category citations and requires elaboration and difference in terms of inventive steps with regards to such cited arts.

3. Requires characterization in the claims-

It has become the practice of the Indian Patent Office to require characterization clause in the main claim for determination of the inventive step. Wherein claims contains two portion one pre characterization one post characterization, the post characterization portion in considered to involve inventive step over pre characterization portion and thereon the dependent claims also relate to only post characterization portion.

4. As per the Manual of Indian Patent practice: The inventive step has to be determined in the following manner.

Has to be non-obvious when compared with the state of art,
State of mind (Flash of Genius) is to be looked into, the following question has to be borne into mind “would a non-inventive mind have thought of the alleged invention?” if answer is “no”, then the invention in non-obvious. (In other words whether the invention would have occurred to a person skilled in the art, if yes, then it is obvious.)

5. Whether the invention involves exercise of any skill or ability beyond than what is expected of a person skilled in the art. Combining the teaching of documents (Mosaics) with the art.

Although as per the manual of Patent practice for consideration and determination of the inventive step, the invention has to be looked as a whole and no conclusion should be made by taking individual parts of the claims that might be known or found to be obvious, but still the practice differs from the manual and without taking regard to whole claims/ invention, objections are raised and the Applicant is made to himself point out the inventive step in the invention.

Conclusion:

Broadly the interpretation of obviousness or lack on inventive step is similar all over the world, the only difference in approach of the particular Patent office. In India lack of any judgment by the Supreme Court of India on the subject matter leaves the interpretation of obviousness to practice of Indian patent office. In absence of authorities the interpretation varies from Examiner to Examiner and involves use of discretionary power.

Supreme Court To Review Controversial Patent Ruling

June 28th, 2008

It is deja vu all over again, as the Supreme Court once again has agreed to review a controversial patent ruling of the Federal Circuit Court of Appeals. The issue this time: whether a patent owner’s rights were exhausted by a license agreement and subsequent sale of product pursuant to the license.

U.S. office upholds embryonic stem cell patents

June 27th, 2008

The Wisconsin foundation that holds several key embryonic stem cell patents said Thursday that it has received certificates signaling the end of a long-fought challenge to the patents.

Get Patents & Reap Benefits

June 26th, 2008

Today, we are living in the age of information technology & spreading our wings to every aspect of the society. We exchange our information (ideas, techniques, process, and product) to a target group but we never come to know this thing that someone is also targeting our information. So we are much prone to unintentionally leakage of our precious ideas as our information passes through different portals.

It is the human tendency to share their innovative thoughts with their near & dear ones but that proves fatal, in most of the cases, in respect of the that original creation or your property i.e. intellectual property (IP).Most of the people acts indiscreetly & ignorantly which results in jeopardizing the chance of saving their intellectual property i.e. novelty of ideas as they comes under public domain & lose their chance to be protected by the INELLECTUAL PROPERTY RIGHTS.

Intellectual property literally means some academic or scholar work. Intellectual property (IP) pertains to any scholar or any original creation of the human intellect; that work can be artistic, literary, technical or scientific creation.

Intellectual property rights mean those rights which are given by the State to the inventor or creator to protect one’s invention or creation for a certain period of time.

Need for intellectual property rights:-

For individual: - IP helps to protect investment of time, money, effort & such other resources of the inventor or creator.

For public:-IP provides a pool of information to the general public since all forms of IP are published in journals & magazines except in case of trade secrets.

For country:-IP provides a mechanism of handling infringement, piracy and unauthorized use & it encourages industrial development & technological advancement which leads to overall economic development of the country.

Bundle of rights:-

IPR are bundle of rights i.e. it includes the various independent rights. Following are the various independent rights for which IPR collectively provides protection:

1. Patent Right(Patent Act,1971 & Patent Rules,2000)

2. Industrial Design(Design Act,)

3. Trademarks (Trademarks Act)

4. Copyright(Copyrights Act)

5. Geographical Indication(Geographical Indication Of Goods Act)

6. Trade secrets(Common Law)

7. Circuit Layout Design(Semiconductor Layout Design Act)

India at International level:-

• The fact that India is a member state of World Intellectual Property Organization (WIPO), an international organization, responsible for the promotion of the protection of intellectual property throughout the world proves that India has proved its potential & has been acknowledged at international level.

We are here concerned with Patent Law; A patent is an exclusive right granted to inventor or creator of a useful or improved article or a new process of making an article for a specified period of time. After the expiry of the duration the invention becomes part of public domain i.e. everyone can use it. So Patent means monopoly rights of inventor in respect of an invention.

Geographical limits of the patent:-

Patent is granted for a specific invention in a particular country in which an application is made for the same cause. There is no international patent as such though it has acquired an international character. For e.g. a patent granted in India is valid only for India and not in the USA. However, a patent granted in the EPO is valid in all the contracting states recognized by European Patent Organization. The protection so granted in a country / region not only identifies the rights of the creator/ inventor or his assignees, but also enables the right holder to enforce his rights against infringers.

Moreover, several international agreements, treaties & conventions exist to monitor that the inventor/creator are not denied of his/her rights like European Economic Community Treaty(EEC),Patent co-operation Treaty(PCT),European Patent Conventions and Protocols(EPC),Community Patent Convention and Protocols(CPC) resulting in a common patent office for granting common patents applicable to the member countries.

What can be patented?

Only inventions can be patented.Sec.2 (1) (j) defines invention as an invention means a new product or a new process involving an inventive step & capable of industrial application. Invention includes within its scope any new & useful improvements of any manner of manufacture, article or substance whether patented or not but such improvement must qualify independently to satisfy the pre-requisites of the patent i.e. novelty, inventive step & capable of industrial application.

Who may apply for patent?

An application for a patent may be made by inventor, either alone or jointly with another, or his/their assignee, legal representative of deceased inventor or assignee are entitled to apply. For e.g. If a person invents a new product or process & unfortunately soon after that he dies then his legal heirs can or any person authorized by him before his death can apply for patent.

Term & date of patent:-

Term of every patent will be from 20 years from the date of filling of patent application & date of patent is the date on which the application for patent is filed, irrespective of the fact whether it is filed with provisional or complete application. To keep the patent in force renewal fee is to be paid every year. The first renewal fee is payable for the third year of the patent’s life & must be paid before the patent’s second anniversary. Term of patent can’t be extended beyond the specified term of patent.

Where a patent application should be filed?

The Indian Patent Office has its head office at Kolkata, which has three branch offices located at Mumbai, Chennai and Delhi. The Controller General heads the Patent Office and each branch has a Controller as its head. In case of an Indian applicant, the patent application must be filed at the patent office under whose jurisdiction the applicant’s has his place of work, or place of residence or place where he conduct business from.

For e.g. if an applicant provides a Chandigarh based address, the application must be filed at the Delhi Patent Office. In case of foreign applicant/s, the jurisdiction in which the patent application is filed would be based on the address for services of the applicant’s agent. For e.g. if the address for services for foreign applicant is based at Bangalore, the patent application must be filed at the Chennai Patent Office.

What are the rights given to the patentee?

The patentee (i.e. an applicant who has been granted a patent) has the exclusive right to prevent unauthorized third parties from making, using, offering for sale, selling or importing the patented product or process in India.

Patent information centre:-

Patent Information Centre (PIC) has been set up in 20 states & is further expanding in other states. Patent information centre provides information regarding the techniqulities & procedure laid down by the government to get a patent. One can get all the information regarding the filing of the patent application & further procedure up till the patent is not granted. The centre provides general precaution for the applicant before & after applying for a patent. The most common mistake which an applicant often does is to publish their invention in newspaper or scientific & technical journals, before applying for patents. Publication of an invention, even by the inventor himself, would (except under certain rare circumstances) constitute a bar for the subsequent patenting of it. Similarly, the use of the invention in public, or the commercial use of the invention in public or even in secrecy, prior to the date of the patent would be a fatal objection to the grant of the patent. However the secret working of the invention by way of reasonable trial or experiment, or the disclosure of the invention to other confidentially may not result into loss of novelty.

Another mistake, which is frequently made by the inventors, is to wait until their inventions are fully developed for commercial working, before applying for the patents. Delay in making application for a patent involves certain risks. so it is advisable to apply for the patent as soon as one’s invention get a physical appearance with 3-D drawings sheets depicting the whole model.

Incentives for obtaining patents:-

An innovative industry can gain competitive advantage in the market if it develops the necessary expertise and skills in developing and manufacturing new products, which are patented. For example, the advantage of a three year excise duty exemption or exemption from Drugs Price Control Order may translate into reserves / income which may offset the cost towards R&D. In order to promote R&D and innovation in Indian industries, Government of India provides a number of fiscal incentives and support measures to industries. Some of them are following:-

• Excise duty waiver on the patented article for a period of 3 years from the date of commencement of commercial production provided that such products be designed &developed by wholly owned Indian companies.

• Exemption from drug price control for a period of 5 years from the date of commencement of commercial production provided that they are produced from the basic stage by a process of manufacture developed by the unit through its own R&D efforts.

• Weighted tax deduction @ 150% on R&D expenditure is available to companies engaged in the business of biotechnology, or the business of manufacture or production of drugs, pharmaceuticals, electronic equipment, computers, telecommunication equipment, chemicals and manufacture of aircraft and helicopters. The expenditure on scientific research in relation to drugs and pharmaceuticals shall include expenditure incurred on clinical trials of drugs, obtaining approval from the regulatory authority under any Central, State or provincial Act and the filing of a patent application in India.

• Depreciation allowance at a higher rate is available in respect of plant and machinery installed for manufacturing goods based on indigenous technology developed in recognized in-house R&D units, Government R&D institutions, national laboratories and Scientific and Industrial Organizations (SIRO). The present rate of depreciation for plant and machinery is 40% as against 25% for other plants and machinery.

• Income tax exemption:-Under Section 35(1)(i) of the Income Tax Act 1961, the revenue expenditure on scientific research, by recognized R&D units, on activities related to the business of the company is allowed full deduction. Under Section 35(1)(iv) expenses of capital nature could be deducted totally from the income of the year in which the expenses have been incurred. Section 35(2AA) of the IT Act 1961 provides for a weighted tax deduction of 125% for expenses on sponsoring research programmes at National laboratories functioning under ICAR, CSIR, ICMR, DRDO, Department of Biotechnology, Department of Atomic Energy, Department of Electronics; IIT and universities.

For more information locate at:-http:/Ipindia.nic.in. Or e-mail at: pisnag@nag.mah.nic.in/pisnagpur@satyam.net.in

For further inquiries e-mail writer at: - kamal_417@yahoo.com, kamdahiya@gmail.com

Patent Procurement Practice in India

June 25th, 2008

The Patent System in India has come a long way since 1856 when British rulers enacted the Protection of Inventions Act with a view to granting exclusive privileges to inventors and manufacturers.

WHAT IS A PATENT

A patent is granted as an exclusive right by the Government for an invention for a limited period of time in consideration of disclosure of the invention by an applicant. A patentee enjoys exclusive right to prevent a third party from an unauthorized act of making, using, offering for selling, importing the patented product or process within the country during the term of the patent.

CRITERIA FOR PATENTABILITY

Section 2(1)(j) of the Patent Act, 2005, defines the “invention” as:

a new product or as process

involving an inventive step and

capable of industrial application.

However, Under the Act “New invention” is defined under section 2(1)(l) of the Patents Act

“New invention” means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art.

Therefore now it is a debating topic whether India follows absolute novelty or relative novelty.

CARE SHOULD BE TAKEN BEFORE APPLYING FOR A PATENT APPLICATION

People carrying out academic research are frequently under pressure to publish the results of their research for academic reasons. Researchers should, at all times, bear in mind the possibility of commercial results from their research. If a researcher sees a commercial application from his or her research, it would be wise to delay publication until a patent application has been filed.
It is necessary to talk to technical specialists or others in order to obtain assistance during the development of the invention, this should be done on the basis of confidentiality. People should be informed that the information is strictly confidential and asked to sign a simple document undertaking not to disclose the information until given permission to do so.
Adopting a proper commercialisation strategy involves considering all aspects at the same time, technical, commercial and legal. At the initial stages proper attention should be given to the technical aspects, but once the patent application is filed, the commercialisation should proceed as quickly as possible within the limited time scale provided by the patent system.

INVENTION NOT PATENTABLE

Following are not invention according to Section 3 of Indian Patent act
(1) An invention which is frivolous or which claims anything obvious contrary to well established natural laws.
(2) An invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment
(3) The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature;
(4) The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
Explanation- For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy.
(5) A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance:
(6) The mere arrangement or re-arrangement or duplication of known devices each
functioning independently of one another in a known way.
(7) A method of agriculture or horticulture.
(8) Any process for the medicinal, surgical, curative, prophylactic diagnostic therapeutic or other treatment of human being or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.
(9) Computer program per se, a mathematical method or a business method or algorithms.
(10) Literary, dramatic, musical or artistic work or any other aesthetic creations including cinematographic works and television productions are not patentable as they are covered under the copyrights, design and entertainment laws.
(11) Scheme/rule/method of performing a mental act or method of playing a game.
(12) Presentation of information.
(13) Topography of integrated circuits.
(14) An invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components

Further, inventions relating to atomic energy are not patentable under section 4 of Indian Patent Act.

WHO CAN APPLY

An application for a patent for an invention may be made by any of the following
Persons:
(a) by any person claiming to be the true and first inventor of the invention;
(b) by any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application;
(c) by the legal representative of any deceased person who immediately before his death was entitled to make such an application.

APPROPRIATE OFFICE FOR FILING AN APPLICATION

Application is required to be filed according to the territorial limits where the applicant or the first mentioned applicant in case of joint applicants for a patent normally resides or has domicile or has a place of business or the place from where the invention actually originated .If the applicant for the patent or party in a proceeding having no business, place or domicile in India., the appropriate office will be according to the address of service in India given by the applicant or party in a proceeding.

TYPES OF PATENT APPLICATIONS AND DOCUMENTS REQUIRED FOR FILING DIFFERENT TYPES OF PATENT APPLICATIONS

1. Ordinary application

Documents required to be filed
Application Form
Provisional or complete patent specification
Information regarding corresponding foreign patent application on Form 3
In case application is accompanied by provisional specification, complete specification to be filed within 12 months along with declaration of inventorship on Form 5,
Power of attorney, if the application is filed through a patent attorney,

Prescribed fee according to Patents Rule, 2003
for natural person
Rs. 1000, For each sheet of specification in addition to 30 Rs.100
For each claim in addition to 10- Rs. 200
For other than natural person(s)
Rs. 4000, For each sheet of specification in addition to 30 Rs.400
For each claim in addition to 10- Rs. 800

2. Convention application

Documents required to be filed
Application form
Complete patent specification declaration of inventorship on Form 5,
Power of attorney
Certified copy of the priority document in English to be filed within 3 months of date of invitation from the Controller. If the priority document is in a language other than English then an English translation thereof duly verified by the translator is also required
Information regarding corresponding foreign patent application on Form 3

Prescribed fee according to Patents Rule, 2003
for natural person
Rs. 1000, multiple of Rs. 1000 in case of every multiple priority very multiple priority
For each sheet of specification in addition to 30 Rs.100
For each claim in addition to 10- Rs. 200
For other than natural person(s)
Rs. 4000, multiple of Rs. 4000 in case of every multiple priority very multiple priority
For each sheet of specification in addition to 30 Rs.400
For each claim in addition to 10- Rs. 800

3. International application

Documents required to be filed
Request form PCT/RO/101
Complete specification
Priority document, if any
PCT power of attorney

Transmittal Fee Rs. 8000 for legal entity
Rs. 2000 for natural person
International filing fee USD1086
USD 12 per sheet over 30
PCT-Easy USD 78
International Search fees depends upon the country chosen

4. National phase application

Documents required to be filed
Application form
Copy of international application as originally filed
Published International Application with International Search Report (in English). In case not in English, a duly verified English translation of the published International Application.
Information regarding corresponding foreign patent application on Form 3
declaration of inventorship on Form 5,
Verified English translation of the priority document, if the priority document is not in English language.
Copy of any amendments to the claims (and any statement) under Article 19 (in English)

Prescribed fee according to Patents Rule, 2003
For natural person Rs. 1000, multiple of Rs. 1000 incase of every multiple priority very multiple priority
For each sheet of specification in addition to 30 Rs.100
For each claim in addition to 10- Rs. 200
For other than natural person(s)
Rs. 4000, multiple of Rs. 4000 incase of every multiple priority very multiple priority
For each sheet of specification in addition to 30 Rs.400
For each claim in addition to 10- Rs. 800

PROVISIONAL PATENT SPECIFICATION
A provisional patent specification should describe the nature of invention & contain the description of essential features of the invention. It is not required to include claims & details of the manner in which it to be performed. A complete patent application has to be filed within 12 months from the date of filing the provisional patent application.
Advantages of provisional specification

The applicant can gain the Priority date for invention. there is no risk of loosing priority
The applicant can disclose to interested person to obtain financial support
Virtually extend the term upto 12 months
Utilize for exploring commercial feasibility
Avoid incurring further expenses, if no commercial possibility
The inventor will get liberty to develop after filing the provisional patent application

CONTENT OF A COMPLETE PATENT SPECIFICATION

Title of the invention

The title should give a fair indication of the industry or art to which the invention relates. It should be precise and brief.

Preamble
The following preamble should be given on the first page of Form 2 along with other details like title of the invention, full name, address and nationality of the applicant. The address could be of either place of business or residence.

Field of the invention

The description should show the scope of the invention, indicate the subject matter to which the invention relates. Advantage of the invention should be mentioned to bring out clearly the areas of application and preferable use of the invention.

Background of the invention

The description should fully and particularly describe the invention, by clearly distinguishing it from such a closes prior art, if available.

Object and statement of invention

This portion clearly brings out the necessity of the invention. The solution sought by the invention over the technical problem associated with the existing technology should be clearly brought out as object.

The statement should clearly set forth the distinguishing novel features of the invention for which the protection is desired. This part is intended to declare different aspects of the invention in verbatim with the independent claims and to complement the omnibus claim in situation of infringement proceedings.

Brief description of the drawings (if any drawing is available)

If any drawing is available, a brief description to all the drawings should be given for easy reference.

Detailed description of the invention

The details of invention described here should be sufficient for a person skilled in the art to perform the invention by developing necessary technical know-how by himself. It can include examples/drawings or both for clearly describing and ascertaining the nature of the invention.

Claims

It is necessary to ensure that the claims are drafted to include neither more not les than what the applicant desires to protect by his patent. It begins with broad claims and develops towards claims that are narrower in scope. A claim must be clear, complete and supported by the description.

Signature with date

Below the signature the name of the applicant or authorized registered patent agent be written legibly along with the date.

Drawings if any available

The complete specification should be followed by drawings that are referred to in the specification. The drawing should be filed in accordance with Rule 15 of the Patent Rule 2003.

Abstract

An abstract should provide brief technical information on the invention. it should start with the title of the invention and should give concise summary of the invention, preferably within 150 words.

PROCEDURE TO BE FOLLOWED UPTO THE PATENT APPLICATION PLACED IN ORDER FOR GRANT

If Secrecy directions are not imposed under Section 35 of the Act, every application is ordinarily published after the expiry of 18 months period form the date of filing of the application or the date of priority of the application whichever is earlier. The applicant can request to publish his application prior to 18 months by filing a request for early publication on a prescribed form along with the prescribed fee.

The request for substantive examination by applicant or any other interested person has to be filed on prescribed form within 48 months from the priority date of the application or from the date of filing the application whichever is earlier.

On receiving a request for examination, the Controller issued the first examination report ordinarily within 6 months from the date of the request for the examination or 6 months from the date of publication whichever is later.

After receiving the first examination report, it is necessary to comply with all the objections raised by the patent office within twelve months from the date of first examination report. The examiner may issue further examination report if he is not satisfied with the submission of the applicant. Once all the requirements are met with and the examiner is satisfied with the applicant submission, the application proceeds for grant. The grant is notified in the Patent office Journal. Then the applicant is open for post grant opposition proceedings upto one year from the date of said notification.

DURATION OF A PATENT

The term of every patent granted is twenty years from the date of filing. The term of patent in case of International applications filed under the PCT, designating India, is twenty years from the international filing date accorded under the PCT. Renewal fee need to be paid annually to keep the patent in force. Restoration of patents is possible if applied within 18 months from the date of lapse.

CONCLUSION

Patent law in India has undergone significant changes in last few years. India was a founding member of the WTO and its accession to TRIPS required that further amendments be made to its patent laws. India has thus joined the countries having industrialized free market economies.

Cosmopolitan: Building vs. brand

June 24th, 2008

First it lost its financing. Now the Cosmopolitan project could lose its name. The Hearst Corp., the multimedia empire behind Cosmopolitan magazine, filed a trademark infringement lawsuit in federal court …

Get Patents & Reap Benefits

June 23rd, 2008