It is extremely important to find out the requirements for patent granting in India and whether an invention will actually earn a patent or not.If your invention is crafted with all minute details such that upon reading it an experienced person from the same field can reduce it to practice easily then it is high[…]
How Can I Get Patent in India for My Idea or Invention? The most common question that can strike the mind of any individual who is thinking of patenting his invention is to how it can be done. This question can strike in heads of individuals from diversified backgrounds as below: Business Owner – Can[…]
Patent Filing: A Patent is a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a specified period of time (generally 20 years). During this tenure, an applicant can enjoy an exclusive monopoly to make, sell, and license its granted invention to any third party. But[…]
A PCT international application is governed by the Patent Cooperation Treaty and can be validated in upto 151 countries. The PCT international application may be filed by an Indian applicant after receiving foreign filing permission under section 39 of the Patents Act 1970 or if the patent application has been filed in India not less[…]
Patent claims are written to “particularly point out and distinctly claim” an invention in a statutory class. The prescribed and accepted way of writing a claim is that each claim shall be a single sentence. That is, the standard custom as to claim construction is that each claim must be the object of a single[…]
Design Patent, in general terms, consists of the visual ornamental characteristics embodied in any product. Since a design is manifested in its ornamental features, the protection sought in case of a design patent application may be applied to the configuration and ornamental features of the design. The design patent could be granted for any novelty[…]
An application filed by an applicant in the Patent Office, claiming priority date based on a similar application filed in one of the convention countries is referred as convention application. The applicant is required to file the application in the Patent Office (India) within 12 months from the date of earliest priority application in the[…]
Opposition? The opposition is the mechanism most commonly used to allow any party/interested party to challenge the validity of a patent application/patent before the controller of Patents. validity of a patent application and/or a granted patent can be challenged and thus such exclusive right is not eternal. Patent Opposition Opposition proceedings? structured to restrain wrongful obtaining[…]
Why FFL? Whenever an applicant, i.e., a company or an individual (particularly Indian Resident) decides to file a patent application directly in a foreign country as an international application, he may need to have foreign filing licenses (FFL) from the Indian patent office (IPO). [As per section 39 of the Indian Patent Act, 1970]. What[…]
