For a patent governing the technological standards for which there are no such infringing alternatives, that patent comes under the ambit of Standard Essential Patents (SEP). These standards are reached through the consensus for setting up the ‘Common technology standard’ supported by the Standard Setting Organisation (SSO). The difficulty comes up with the perceived ‘standard’ that a patent b...Read More
Even though it might seem uncanny, the law is a business. And, clients are integral for any business, including law practice. Lawyer’s business also runs with the clients and to retain the clients, and it is integral to increase the client experience.
As a lawyer, you must be able to differentiate yourself from the competitors. Client servicing is one of the areas where you can stand out. It will ensure good word-of-mouth mar...Read More
Last year China adopted the Fourth Amendment to the China Patent Law bringing some of the changes to the said law. The Fourth Amendment of the Chinese Patent Law (CPL) has been approved by China's National People's Congress on October 17, 2020, which will take effect on June 01, 2021. After the ...Read More
The patent claim should always be directed towards the actual advances being made in the invention for which the patent is sought for. The drafting of the patent must be done in a way, which points out the subject matter. 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, a second paragraph requires that a patent application specification shall co...Read More
Patent Claims are the most important part of the patent specification. Why it becomes an important part is because it defines the invention. In other words, the patent claims define what the invention claims, thereby creating a boundary. Defining the boundary of the invention, the patent claims purportedly suggest the extent of the protection being conferred by the gra...Read More
The patent has a lot of value in it. It grants the inventor a monopoly which helps the inventor to commercially exploit the invention and earn the substantial investment being done by the inventor over the invention. The market demands more creative ideas that can make life much easier. The business must develop such an idea or concept that solves a technical problem in an unexpectedly new or better way. If it is making it, then it is highly imperativ...Read More
The patent provides a monopoly over an invention to the inventor. The filing of patents and its grant is a long tedious process that takes up to 2-3 years. Due to its nature of the invention and the cost that is involved with R&D, it is highly imperative to decide where to seek the patent rights and the expenses involved. An effective strategy of filing for patent protection will be to seek protection in the country of interest, where the pr...Read More
The Guidelines for Examination 2021, published by European Patent Office (EPO) came into force on March 1. Through these guidelines, a detailed explanation of the substantive and formal requirements is maintained. Few changes help keep up an effective stable text of the guidelines. Let us discuss some of the important changes that are done for Computer-implemented Inventions and Procedural matter.
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In the process of research and development, improvements and/or modifications of an invention are routine steps to make the invention more useful or to overcome difficulties of the main invention. A new independent patent application for the improvements and/or modifications of the main invention may not be possible due to the already filed patent application for the main invention. In such a scenario, the improvements and/...Read More
The Department for Promotion of Industry and Internal Trade (DPIIT) under The Ministry of Commerce and Industry (MCI) has notified the Draft Patents (Amendment) Rules, 2021 dated February 9th, 2021 to further amend the Patents Rules, 2003 in the exercise of the powers conferred by section 159 of the Patents Act, 1970. The notification is made available to the public for any objections or rejections. These draft r...Read More
In an increasingly knowledge‐driven economy, the individual or the business will invariably need creative or inventive ideas or concepts to improve an existing feature, add a useful new feature to your product or develop a new product. The market demands more creative ideas that can make life much easier. The business must develop such an idea or concept that solves a technical problem in an unexpectedly new...Read More
Getting a Patent is a long process and involves various steps. The disclosure has to be made to the public in all forms. The whole process from the filing of the patent till the grant of the patent requires more or less around 3-4 years and all steps are bound by respective deadlines, failing of which can result in loss of patent application.
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Patent agents are professionally licensed practitioners who have the license to practice before the patent office of the country. The patent agent has a lot of responsibility when it comes to preparation of the document and filing the same before the patent office and also advising with regards to patentability. When it comes to assisting inventors with completing and submitting all patent-application paperwork, paten...Read More
The case of Ferid Allani vs. Assistant Controller of Patents discusses an important perspective with regards to the scope and applicability of Section 3(k) of the Patents Act. Section 3(k) denotes that the inventions which are mathematical or business methods or a computer program per se cannot be patented. The patent application<%...Read More
The latest case of Vectura vs. GlaxoSmithKline offers various insights on well-versed areas of patent law. This case touched upon aspects such as claim construction, infringement, and damages. Vectura Ltd. sued GlaxoSmithKline LLC and Glaxo Group Ltd. in the United States District Court for the District of Delaware, alleging that GSK infringed Vectura’s U.S. Patent No. 8,303,991 (9...Read More