Monday, April 1, 2024

Recent Developments in Indian Patent Law: All You Need to Know

 Since innovation is the foundation of progress, having strong patent rules that encourage creativity and safeguard intellectual property is essential in the quickly changing world of today. Recent modifications in Indian patent law, most notably the Amendment Rules of 2021, have brought about a number of important adjustments meant to encourage innovation, lower obstacles, and simplify procedures. This article explores these advancements and how they affect the Indian patent system.

Reduced Patent Fees for Educational Institutions - One major change made possible by the Amendment Rules of 2021 is the reduction in patent fees for academic institutions. The government has taken action to improve educational institutions access as well as affordability of the patenting process, realizing the critical role that these institutions play in promoting innovation. The intention is to stimulate increased involvement from academic institutions in patenting their discoveries by cutting registration and other associated fees by 80%. This action should help the commercialization of technology created in educational environments, which will benefit India's innovation ecosystem as a whole

 

Extension of the Expedited Examination System- Adding more types of patent applicants to the system is a noteworthy advancement as well. SMEs, female candidates, government agencies, institutions created by government legislation, government firms, and others are now eligible to apply for the Expedited Examination System, which was previously exclusively open to startups. Through this expansion, these organizations will be able to accelerate the patent examination process, which will facilitate the faster acceptance and protection of their innovations. The government aims to assist a wide variety of innovators and expedite the conversion of their concepts into finished goods and services by expanding the eligibility requirements.

 

Impact on the Patent Application Process- The effects of these developments are already evident in the patent application process. Data from the Indian Patent Office indicates a significant increase in the number of patent applications filed, with 19,796 applications filed in 2022 alone. 10,706 of them were filed by domestic applicants, suggesting that Indian innovators are becoming more interested in patent protection. The Intellectual Property Office and DPIIT's initiatives have led to a greater understanding of the advantages of IP registration, which the Ministry of Commerce and Industry credits with the rise in filings. Additionally, the waiting time of patent applications has decreased as a result of the adoption of expedited examination processes, examination timeframes currently range from 5 to 23 months, down from the previous 72 months.

 

Increase in Patent Grants and Global Recognition- The Indian Patent Office has granted more patents as a result of these advances, which is indicative of their influence. 30,074 patents were issued in the fiscal year 2021–2022, a notable rise over the 5,978 patents granted in the fiscal year 2014–2015. This increase in patent grants demonstrates how well the reforms have streamlined the patenting procedure and promoted innovation. In addition, India's position in the Global Innovation Index has improved, moving up from 66th to 46th in 2020–2021. This upward trend indicates India's increasing standing as a global centre for entrepreneurship and innovation.

 

In general, the latest advancements in Indian patent law represent a noteworthy advancement in stimulating innovation, diminishing obstacles, and augmenting the nation's competitiveness within the international marketplace. These reforms are enabling a new generation of innovators, entrepreneurs, and institutions to achieve their creative potential and support India's progress towards becoming a global innovation powerhouse by making the patenting process more easily accessible, affordable, and efficient. Patent attorneys in India are essential in helping innovators make sense of this changing environment by offering knowledgeable legal advice and support in navigating the complexity of patent law.

How to Avoid Copyright Infringement on Social Media and What to Do If It Happens

 Social media platforms are active center of creation, communication, and community involvement in today's interconnected digital world. Social media provides never-before-seen chances for expression and connection, from sharing personal moments to promoting brands and creative projects. But in the middle of this seemingly endless stream of entertainment, copyright infringement is an important issue. Knowing how to safeguard intellectual property and handle the complex world of social media copyright is crucial for both companies and creators. This thorough guide provides information on how to navigate the complexities of copyright law on social media platforms and prevent infringement.

Selecting the Appropriate Account Type

A range of account types, including personal, business, and creator accounts, are available on social media platforms to meet the diverse demands of users. It's important to choose the right kind of account for the purpose you intend to use because it determines your rights and responsibilities in regard to sharing, creating, and promoting information. To guarantee compliance, familiarize yourself with the terms of service and copyright policies related to the account type you have selected.

Making Original Content

The creation of original content is essential to adhering to copyright laws. Whether you work as a writer, musician, photographer, or visual artist, it is essential to create and share your original works. In addition to protecting yourself against any infringement accusations, creating unique works also adds to the range and depth of online content.

Using Images Appropriately

In social media content, images are essential for increasing engagement and successfully communicating ideas. Unauthorized use of photos protected by copyright, however, may result in legal consequences. Choose photos from reliable sources, like stock photo websites, or make your own graphics to reduce this risk. If you plan to utilize photos from third parties, make sure the owner of the copyright has granted you permission to use them or obtain a license.

Using of Trending Music

Your social media content can gain favor with the algorithm, and can increase your post's viral potential through using of popular sounds and music. But exploiting well-known audio clips without permission can get you into trouble. Unauthorized use may lead to content removal or account suspension on many social media platforms, which use algorithms to identify copyrighted information. Trending sounds should be used with caution in your material, and copyright regulations should always be followed.

Ensuring Compliance to Copyright Guidelines

Every social media network has a unique set of copyright guidelines and protocols for managing complaints of infringement. Learn about the copyright policies and enforcement procedures of the platforms you use, and carefully follow their instructions. It's possible to reduce the chance of copyright infringement and preserve a good online reputation by keeping yourself informed and abiding by platform-specific guidelines.

Here are the actions you can take if you find yourself facing accusations of copyright infringement on social media:

Examine the Allegation: Pay close attention to the allegation of infringement in order to determine which part of your work is being disputed and by whom.

React Quickly: React quickly to the claim and offer any supporting documentation if you think the accusation is false or if you have the right to use the content under fair use or other legal exceptions.

Think About Getting Legal Guidance: A copyright attorney can assist you in navigating the complexity of copyright law and defending your rights. If the situation gets out of hand or you're not sure how to proceed, think about getting legal counsel.

Take Corrective Action: In order to avoid further legal repercussions, if the infringement accusation is genuine, proceed quickly to remove or correct the infringing content.


In summary, managing copyright on social media calls for alertness, fidelity to the law, and respect for intellectual property rights. You may reduce the chance of infringement and establish a respectable online profile by producing unique content, getting the necessary licenses, and adhering to platform requirements. It's especially important for Indian creators and businesses to get advice from an experienced copyright attorney in India, who is familiar with the nuances of Indian copyright law. In the event of a copyright issue, remain composed, give thoughtful answers, and if necessary, seek legal counsel. Creators, companies, and users in India can secure their rights and interests while participating in a vibrant and healthy digital ecosystem by promoting a culture of respect for copyright.

Tuesday, February 6, 2024

The Ultimate Guide to Patent Attorney Registration

 

What is Patent Attorney Registration?

Patent attorney registration is the process by which individuals become authorized to practice as patent attorneys. This involves meeting specific educational and professional requirements set forth by regulatory bodies.

Patent Attorney Registration Process

Qualifications for Patent Attorney Registration

To become a registered patent attorney, individuals typically need to have a background in science or engineering, as well as a law degree from an accredited institution. Additionally, passing the patent bar exam is usually required.

Steps to Patent Attorney Registration

  1. Education: Obtain a degree in science, engineering, or a related field.
  2. Law Degree: Complete a Juris Doctor (JD) degree from an accredited law school.
  3. Pass the Patent Bar Exam: This exam tests knowledge of patent laws and regulations.
  4. Gain Experience: Some jurisdictions may require a certain amount of experience working with patents.
  5. Apply for Registration: Submit an application to the appropriate regulatory body along with any required documentation and fees.

FAQs

Q: Can I become a patent attorney without a law degree? A: While a law degree is typically required, some jurisdictions may allow individuals with extensive experience in patent law to become registered without a JD.

Q: How long does the registration process take? A: The timeline for patent attorney registration can vary depending on factors such as education, exam schedules, and processing times for applications.

Q: What are the benefits of becoming a registered patent attorney? A: Registered patent attorneys have the authority to represent clients in patent-related matters before the United States Patent and Trademark Office (USPTO), providing valuable legal services in the field of intellectual property.

Monday, October 16, 2023

 Position: Accounts Manager & Admin Manager

Location: Kolkata

Name of the Organisation: Biswajit Sarkar Advocate & IP Attorney


Job Summary:

The Chief Financial Officer will direct and oversee the financial activities of the corporation,

direct the preparation of current financial reports and summaries, and create forecasts

predicting future growth.


Supervisory Responsibilities:

▪ Oversees Accounting department, budget preparation, and audit functions.

▪ Works with other department heads to monitor each department and make

recommendations.


Duties/Responsibilities:

▪ Directs the preparation of all financial statements, including income statements,

balance sheets, shareholder reports, tax returns, and governmental agency reports.

▪ Compares sales and profit projections to actual figures and budgeted expenses to

actual expenses; makes or oversees any necessary adjustments to future projections

and budgets.

▪ Reviews planning process and suggests improvements to current methods.

▪ Analyzes operations to identify areas in need of reorganization, downsizing, or

elimination.

▪ Works with the President and other executives to coordinate planning and establish

priorities for the planning process.

▪ Studies long-range economic trends and projects their impact on future growth in

sales and market share.

▪ Identifies opportunities for expansion into new product areas.

▪ Oversees investment of funds and works with investment bankers to raise additional

capital required for expansion.


Required Skills/Abilities:

▪ Excellent management and supervisory skills.

▪ Excellent analytical and organizational skills.

▪ Proficient in database and accounting computer application systems.

▪ Excellent written and verbal communication skills.


Education and Experience:


▪ Master's degree in Business Administration Or MCom or BBA or BCom: Accounting,

or Finance required.

▪ Certified Public Accountant designation preferred.

▪ Eight to ten years of experience in financial management required.


Physical Requirements:

▪ Prolonged periods sitting at a desk and working on a computer.

▪ Must be able to lift up to 15 at times.

▪ Must be able to access various departments of a given location.

Friday, October 6, 2023

  Title: Patent Manager


Location: Kolkata, India


Overview:

We are one of the top IP Law firms in India and having global presence. To know our details, please visit our website www.biswajitsarkar.com We are seeking a skilled and motivated Patent Assistant to join our legal team.


Job Description:

As a Patent Manager, he will play a crucial role in supporting our legal team in the management of intellectual property portfolios. This position offers a unique opportunity to work in a fast-paced and collaborative environment, contributing to the protection of inventions.


Qualifications:

  • ·        Bachelor’s degree in a relevant field (e.g., Legal Studies, Intellectual Property, Engineering or Science).
  • ·        Previous experience in patent prosecution, either in-house or at a law firm, is preferred.
  • ·        Familiarity with patent databases, patent search tools, and document management systems.
  • ·        Excellent written and verbal communication skills.
  • ·        Knowledge of international patent laws and procedures is a plus
  • .

Job Description:

  • ·        Filing patent applications before Indian Patent Office, USPTO or the WIPO in a timely manner to meet
  • deadlines.
  • ·        Preparing forms for filing patent applications and international applications under the Patent Co-operation
  • Treaty (PCT) in India and in U.S.
  • ·        Maintaining and managing the company s intellectual property client dockets.
  • ·        Communicating with international clients and foreign law firms.
  • ·        Develop and streamline internal patent administration tasks and procedures.
  • ·        Maintaining and updating client files.
  • ·        Tracking upcoming deadlines and notifying the team and the clients of upcoming deadlines.
  • ·        Following up on status of applications filed with the patent offices.
  • ·        Reviewing documents received from various patent offices, notifying clients of the same, filing responses if
  • necessary, and updating the intellectual property client dockets.
  • ·        Preparing various documents and forms such as Power of Attorney, Oath or Declaration and other patent
  • related forms.


Working Experience: 1 - 2 Years


Benefits:

We offer competitive compensation packages and a range of incentives.


How to Apply:

Interested candidates should submit their resume at biswajit.kol@gmail.com


Application Deadline:

The deadline for applications is within two weeks.
































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