DomainFight.net has launched its new website. Domain FightTM is owned by USpeakWeType Technologies, LLC and has been created to solve a fundamental problem faced by both Complainant and Respondents involved in …
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Palm Desert, San Diego and Orange County California Intellectual Property Attorney Explains the Worldwide Intellectual Property System
By: R. Sebastian Gibson | 20/10/2008 | Intellectual Property
Huntington Beach, Orange County, San Diego and Palm Springs Intellectual Property Lawyer Sebastian Gibson examines the intellectual property system in place worldwide. As the senior partner in a law firm which assists clients with their patents, trademarks and copyrights, Sebastian Gibson has nearly thirty years of experience in representing clients in Southern California from Anaheim, Irvine, Newport Beach, and Carlsbad to Ontario and Santa Barbara.
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The European Patent Office has turned down a patent that would have governed virtually any use of human embryonic stem cells Embryonic stem cells: the patent application concerned a technique for culturing the …
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Palm Desert, San Diego and Orange County California Intellectual Property Attorney Explains the Worldwide Intellectual Property System
By: R. Sebastian Gibson | 20/10/2008 | Intellectual Property
Huntington Beach, Orange County, San Diego and Palm Springs Intellectual Property Lawyer Sebastian Gibson examines the intellectual property system in place worldwide. As the senior partner in a law firm which assists clients with their patents, trademarks and copyrights, Sebastian Gibson has nearly thirty years of experience in representing clients in Southern California from Anaheim, Irvine, Newport Beach, and Carlsbad to Ontario and Santa Barbara.
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That’s right; I used the ‘R’ word. If there is one institution that should be regulated it’s the ‘patent troll’. What is a Patent Troll?
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For many companies, RPX represents a major weapon against so-called “patent trolls” — NPEs that buy up patents from individuals and organizations in need of additional revenue.
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An application for a patent can be filed by the true and first inventor. The assignee or legal representative of the inventor can also file it. It can be filed individually or jointly. If an application is filed by the assignee, proof of assignment has to be submitted along with the application. The applicant can be national of any country.
An application can be filed directly at the Indian Patent Office or via the Patent Cooperation Treaty having a corresponding Indian application or in the form of a Conventional application. A patent application can be filed at any of the four patent offices in India. Patent Offices are located at Kolkata, New Delhi, Chennai and Mumbai.
Every application filed directly at Indian Patent Office shall be accompanied by a provisional or complete specification. In case of PCT or Convention application, applicant can file only the complete specification. Provisional applications are generally filed at a stage where some experimentation is required to perfect the invention. A complete specification has to be filed within 12 months extendable to 15 months from the date of filing of the provisional specification. If an application is filed with a complete specification, the Controller on request has the power to convert the complete specification into a provisional one. If a complete specification follows a provisional specification, the controller on request can post date the date of filing to the date of complete specification. Filing of a provisional specification allows the applicant to get an early application date.
Provisional Specification shall contain:
a) Title
b) Written Description
c) Drawings, if necessary
d) Sample or model if required
The complete specification shall contain:
a) Title
b) Abstract
c) Written Description
d) Drawings (where necessary)
e) Sample or Model (if required by the examiner)
f) Enablement and Best Mode
g) Claims
h) Deposit (Microorganisms)
a) Title
Title is generally a word or a phrase indicating the content of the invention.
b) Abstract
It is a short paragraph describing the invention in a precise manner.
c) Written Description
This is an important part of the specification. It contains the complete and elaborate description of the invention. Written Description generally starts with a background of the invention. It explains the invention clearly and comprehensively, with the help of examples, drawings and models, where and when required.
d) Drawings
The written description might be supplemented with clearly labeled drawings, where and when required.
e) Samples or Models
On initiative of the inventor or when required by the patent examiner samples or models might be submitted to the patent office. Such samples or models will provide a better understanding of the invention.
f) Enablement and Best Mode
The applicant has to enable his invention in order to allow a person with ordinary skill in the art to make and work the invention. He should not only enable, but also describe the best mode of carrying out the invention.
g) Claims
Claims define the metes and bounds of the invention. They are the most important elements in a specification.
h) Deposit
If an invention involves microorganisms, which cannot be described by writing, a sample of the microorganism has to be deposited at an internationally recognized depository. There is an internationally recognized depository at Chandigarh, in India
A provisional specification cannot be filed if an application has been filed in a foreign country, before the Indian filing, and if the application is a PCT application. A complete specification has to be filed within twelve months of filing the provisional specification. Each specification should contain only one invention. If there is more than one invention in a specification, separate applications have to be filed for each invention. If an Indian application has corresponding foreign applications, the applicant has to keep the Controller informed of the status of the foreign applications.
The following documents have to be submitted at the time of filing a patent application:
a. Form 1 - Application for the grant of patent
b. Form 2 - Provisional or Complete Specification
c. Form 3 - Statement and undertaking by the applicant
d. Form 5 - Declaration as to Inventorship
e. Form 26 - Authorization of patent agent or any other person.
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Tech Solutions, a rapidly growing IT and professional services company specializing in customer contact support, announced today a contract valued at more than $7 Million for up to five years, to provide call …
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Here, you can find the relevant information, which will be useful for all who wish to appear patent agent exam.
1. Qualifications for registration as patent agents :- (1) A person shall be qualified to have his name entered in the register of patent agents in he fulfills the following conditions, namely :-
(a) he is a citizen of India;
(b) he has completed the age of 21 years
(c) he has obtained a [degree in science , engineering or technology from any university established under law for the time being the force] in the territory of India or possesses such other equivalent qualifications as the Central Government may specify in this behalf , and, in addition,-
(d) he has paid such fee as may be prescribed.
2. A person desirous to appear in the qualifying examination under rule 110 shall make a request to the Controller along with the fee as specified in the first schedule. i.e., Along with application, you will have to provide fee [Rs.1000/- DD or Cheque], 1+1 Passport size photo, attested education certificate and Character certificate and submit to the following patent office where you would like to appear exam.
You can get the address from the following link.
Patent Office address
a. Culcutta
b. New Delhi
c. Mumbai
d. Chennai
3. The qualifying examination shall consist of the following papers and marks, namely:-
Paper I – Patent Act and Rules 100
Paper II- Drafting and interpretation of
Patent specification and other documents 100
viva voice 100
4. The qualifying marks for each written paper and for the viva voice examination shall be fifty per cent each , of total marks and a candidate shall be declared to have passed the examination only if he obtains an aggregate of sixty per cent of total marks.
5. The materials for the exam are Patent Act 1970, Manual of Patent Practice and Procedure, drafting license agreement and patent drafting & Interpretation of patent specification. And also go through the previous years exam papers.
Patent Act 1970
Patent Act 1970 amended 2005
Manual of Patent Practice and Procedure
Previous year exam paper
Patent Drafting
Drafting license agreement
6. Registration of patent agents :- After a candidate passes the qualifying examination specified in Rule 110 and after obtaining any further information which the controller considers necessary he shall, on receipt of the fee specified therefore in the first schedule, enter the candidate’s name in the register of patent agents and issue to him a certificate of registration as a patent agent.
7. Details to be included in an application for the registration of a patent agent :-An application by a person entitled to be registered as a patent agent under sub-section (2) of section 126 shall also be made in Form 22.
8. On receipt of an application for the registration of a person as a patent agent under rule 112, the Controller may if he is satisfied that the said person fulfils the conditions specified in sub-section (2) of section 126 enter his name in the register of patent agents.
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Several Indian Americans have been appointed to the Obama-Biden transition team, including a possible contender for the post of Patent and Trademark Office director.
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