What is Traditional Knowledge?

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The knowledge continually developed, acquired, used, practiced, transmitted and sustained by the communities/individuals through generations is called Traditional Knowledge. In India traditional knowledge including the existing oral knowledge cannot be protected under the provisions of the existing IPR laws/acts, as mentioned herein above. However, if there is a substantial improvement in the existing traditional knowledge… Read more »

How does a patent get expire?

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A patent can expire in the following ways – The patent has lived its full term i.e. the term specified by the patent act of the country. Generally it is 20 years from the date of filing. The patentee hs failed to pay the renewal fee. A patent once granted by the Government has to… Read more »

How is a patent granted?

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A patent is granted by a national patent office or by a regional office that does the work for a number of countries, such as the European Patent Office and the African Regional Industrial Property Organization. Under such regional systems, an applicant requests protection for the invention in one or more countries, and each country… Read more »

Is there any special or unique provision on Patents in the Indian law?

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The Patent Act has a set of exceptions stated in Section 3 by which certain things cannot be protected by the law. One very unique provision is embodied in Section 3, clause (d). This provision prevents patenting of minor improvements in chemical and pharmaceutical entities unless the invention results in the enhancement of known efficacy of… Read more »

What are the criteria for grant of a patent?

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Patents provide property rights to inventions. An ‘invention’ may be defined as a novel idea which permits in practice the solution of a specific problem in a field of technology. Patents are available for any invention, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and… Read more »

Is it necessary to go to the Indian Patent Office to transact any business relating to patent application?

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No, normally all the communications with the office are done through written correspondence. However, interviews relating to patent application can be had with examiners with prior appointment on any working day during prosecution stage. A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the… Read more »

What are the grounds for filing the post grant opposition?

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The grounds for filing post-grant opposition are contained in section 25(2) of the Patents Act 1970. A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the… Read more »

When the request for examination can be filed for patent?

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The request for examination can be filed within a period of 48 months from the date of priority or date of filing of the application whichever is earlier. For more details kindly refer to rule 24B of the Patents Rules 2003 as amended upto 2006. Patent – A government authority or licence conferring a right or… Read more »

What can be patented?

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An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 of the Act. A Patent is a statutory right for an invention granted… Read more »