Monday, March 28, 2011
The protection of intellectual property has become an important facet in the modern business era. It comprises of Patents, Trade Marks, Copyright, Design and Geographical Indications. A patent is a monopoly right granted by a Government to an inventor for a fixed period of time in lieu of disclosure of the invention he proposes to patent.
It is always advisable to enlist the services of a patent attorney for ensuring whether the invention is patentable. A skilled patent attorney may be able to accurately opine whether an invention is patentable or obvious. In case the invention is found to be non-obvious then a worldwide patent search must be conducted.
An application may be prepared and filed if it is found that there are no similar inventions already on record. At the time of filing the application, a patent specification is to be filed along with the application. A patent specification describes the invention. In case the complete patent specification cannot be filed at the time of filing the application, the law stipulates that a provisional specification may be filed which need only describe the invention broadly. However, it is mandatory to file the complete specification which discloses the invention fully within the prescribed time. It is advisable to enlist the services of a patent attorney having the requisite knowledge to draft the specification, as it is a very technical and complex document..
After the application is filed, it is examined and objections are raised by the Patent Office. The objections raised must be replied appropriately. Since the reply involves matters of a technical nature it is important to employ the services of a skilled patent attorney who may be able to reply to the objections accurately.
The Patent Office then advertises the invention and any aggrieved party may oppose the application by initiating opposition proceedings against the applicant. Opposition proceedings entail written arguments from both sides and hearings have to be attended to.
Finally, even after registration, the services of a patent attorney may be enlisted in order to pay the renewal fee for a registered patent.
Saturday, March 26, 2011
A patent is a monopoly right granted by the government to an inventor for disclosure of his invention for a limited period. Patents are governed by the department of Industrial policy and promotion, Ministry of Commerce and Industry. Patent Registration in India is controlled by the Patent Office which is functioning under the Controller General of Patents & Designs.
Patent registration in India is not granted to products and processes which are not within the definition of invention as prescribed in the Indian Patents Act. An invention may be defined as a new product or a new process which involves an inventive step and is capable of industrial application. Section 3 of the Indian Patents Act defines which inventions are not patentable. Inventions relating to atomic energy are not granted patent registration in India. Frivolous inventions and inventions which are obvious are also not granted patent registration in India. Inventions which are against public morality or which causes serious prejudice to human, animal or plant life or health or to the environment are not patentable. A mere re-arrangement of known devices each working independently of each other is not accorded patent registration in India as per section 3 of the Indian Patents Act.
Before obtaining patent registration in India it is advisable to carry out a patent search in order to ascertain as to whether similar invention is already covered by Patent protection.
For obtaining a patent registration in India an application is to be prepared and filed at the patent office. At the time of filing the application the inventor must disclose the invention by filing a patent specification. A patent specification is usually very technical and complicated document which needs to be drafted by an experienced patent attorney. An outline of the invention may be first provided in a provisional specification at the time of filing the application. A complete specification describing the invention along with the claims should be filed within the prescribed time for patent registration in India. An Application for patent registrations in India must be filed by the true and first inventor or his assignee or legal representative. In case the assignee of an inventor files the application the assignment deed must also be filed along with the application.
After the application is filed it is examined by a patent examiner and a first Examination report is then issued to the applicant stating any objections that the examiner might have before granting Patent registration in India. The examiner checks the correctness of the documents and the patentability of the invention. In order to obtain patent registration in India the applicant must reply to the first examination report and meet any objections, that the examiner may have cited and according to the situation, a hearing may be fixed. The application may then be either accepted or rejected. In case the application is accepted it is advertised in the Indian Patent Office Gazette and is open for opposition. Finally, in case there is no opposition the invention is accorded patent registration in India. A patent is valid for a period of twenty years.
The registration of Patent in India is subject to renewal every year, from the third year of the date of application of the patent.