Patent registration process in India for software and mobile applications is visible from review of granted patents.
Author: Rahul Dev
International Speaker, Author, Blogger, Technology Savvy Patent Attorney & Corporate Lawyer with 15+ years of work experience in Asia Pacific, US & Europe
Google Patent Case Study
Refusal of software patent by Indian Patent Office for a patent filed by Google claiming wearable device.
Corporate Law Practice in India
Corporate and Commercial Laws Foreign investments in India for setting up new businesses are increasing every year and apt legal consultation is required for incorporating new business entity in India. Once incorporated, with a view to ensure strict corporate compliance, various legal services are required in the form of legal consultations, corporate secretarial services, regulatory… Continue reading Corporate Law Practice in India
Software Development Agreements
A software development agreement (Software Development Agreement) is a contract where one party (Developer) agrees to develop a software application for another party (Client). Many businesses we work with undertake software development projects – both for the products or services they sell and for their internal operations.
Advertising Agreements
Advertising agreements are typically made between the person or company where the advertising will be hosted, and the person or company that is going to be placing the ad. For example, the agreement could be between a blogger and a company running ads on the blog, or between a billboard company and a company wanting… Continue reading Advertising Agreements
Patent Assignment
Getting a patent granted requires a comprehensive patent strategy, and even after obtaining patent registration certificate, during the stage of patent assignment, it is essential to perform a freedom to operate search to ensure that the patent will not infringe upon third party patent rights.
Patent Portfolio Evaluation
Patent Portfolio Analysis often occurs during due diligence. For example, an analysis may occur when an investor is determining whether to purchase or invest in a company. Many times the investor obtains what they believe to be a thorough understanding of the portfolio, when in reality they only have a superficial understanding.
Licensing of Patents
In India, an obligation is imposed on a patentee to work the patent in India on a commercial scale and to the fullest extent. The patent may be worked by the patentee himself or through licensees. Failure to fulfil this obligation will entail in the granting of compulsory licenses or the revocation of the patent itself.
Patent Infringement & Non-Infringement
“Infringement” is the unauthorized use of a patented invention. An infringement of a patent occurs when the exclusive rights of a patentee are violated. What constitutes an “infringement” has not been defined in the Patents Act.
Patent Revocation
Section 104 of the Patents Act, 1970 states that only the Intellectual Property Appellate Board (IPAB) or the High Court can be approached for revocation as no suit of infringement can be brought before a court inferior to the District Court having jurisdiction.
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