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Copyright protects the literary, dramatic, musical, and artistic work, cinematographic work, and sound recordings. This form of intellectual property gives an absolute right to the creator and the author for their work and any infringement can be claimed. Literary works also include computer programs, tables, and compilations including computer databases which may be expressed in words, codes, schemes, or in any other form, including a machine-readable medium. Section 14...

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 or better way. If it is making it, then it is highly imperative...

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.

patent process

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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, patent agents provide all those services efficiently. The...

Compulsory licensing is the process whereby an authorization is given to the third party by the government to make, use or sell the particular product and even to use the process of the patent, without the consent of the patent owner. This process gives a free hand to the third party to exploit the patent as they want according to the use in that particular circumstance. This compulsory license found its genesis in the Agreement on Trade-Related Aspect of Intellectual...

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 was a computer-related invention which was titled “Method and device for...

The IP was never an important part of any international agreement even after the enforcement of GATT. Even in various bilateral and multilateral treaty agreements, IP was never a subject for negotiations. The greater reliance on the contribution of technology and international trade moving at a faster pace have made IP, the central point of all the agreements, be it bilateral or multilateral after the 1970s and 80s. This era was greatly influenced by the developed nations...

The latest case of Horizon Pharma vs. Dr. Reddy touches upon an important aspect of drafting the specification and indefiniteness in the US Patent Law. 35 U.S.C. § 112(b), which says that the specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. An important part...

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 (991 Patent). Vectura alleged that GSK infringed its 991 patent through the sale of...

Intellectual Property Appellate Board (IPAB) in its order, OA/53/2014/PT/CH dated December 21, 2020, says that there is no objection to file a divisional application from the applicant suo moto if it involves a plurality of inventions as enshrined in section 10(5) of the Patents Act, 1970 but a divisional application is not allowed for the mechanical splitting of claims that are related to the single inventive concept and upheld the decision dated May 29, 2014 (...

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