Why are Intellectual Property Rights important?

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Countries have laws to protect intellectual property for two main reasons. One is to give statutory expression to the moral and economic rights of creators in their creations and such rights of the public in access to those creations. The second is to promote, as a deliberate act of Government policy, creativity and the dissemination… 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 »

What is time limit for filing the representation for pre-grant opposition?

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A representation for pre-grant opposition can be filed within six months from the date of publication of the application u/s 11A or before the grant of patent. The grounds on which the representation can be filed are provided u/s 25(1) of the Patents Act 1970. After filing the application for the grant of patent, a… 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 »

Is it necessary to file a provisional application for Intellectual Property Rights?

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Generally, an application filed with provisional specification is known as provisional application which is useful in establishing a priority date for your invention. Moreover, filing of a provisional application is useful as it gives sufficient time to the applicant to assess and evaluate the market potential of his invention before filing complete specification. However, it… 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 »

What are the important aspects in Indian Design Act 2000?

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The important aspects in Indian Design Act 2000 are – Identification of non-registerable designs Introducing a classification system (Locarno classification) Elimination of secrecy period of two years for a registered design Provision of public inspection after notification Introduction of rights of registered proprietor of design Initial term of protection is 10 years followed by another… Read more »

Why is design registration important for business?

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Design registration is important for business for the following reasons – To protect any new/ original shape, configuration, surface pattern, combination of lines or colours and prevent the imitation of the innovator’s design and prevent the commercial exploitation of the innovator’s design by the third party without the proprietor’s consent To obtain bonafide reward by… Read more »