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 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.
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.
“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.
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.
Patent opposition provides an opportunity to the public to challenge frivolous and legally invalid patents. Under the 1970 Act, the patent could be opposed before it was granted (pre-grant opposition). The person opposing the patent is part to the proceedings. Under the 2005 Amendment Act, the opposition procedure is streamlined by having both pre-grant and post-grant opposition in the Patent Office.
As per the procedure followed by the Indian Patent Office, the patent specification filed by the patent applicant includes invention details and patent claims. As it is well known, the most important aspect of the patent application are the patent claims because the patent claims define the scope of the invention.
The patent application is automatically published after a period of 18 months from the date of filling the application for making it a prior art. Prior art acts as evidence that your invention is already known. In case the applicant is desirous of an early publication, he/she can file under Form 9 requesting for an early publication and by paying the requisite fee provided in Table I of the First Schedule. (See Rule 7 of the Patent Rules, 2003).
Design Patent Registration in India describes How to file a Design Application in India for Registration and Protection of Industrial Designs in India. Industrial Designs in India are governed by the Designs Act, 2000, which describes Design Registration Procedure in India. Lawyers, law firms, patent attorneys and design patent lawyers in New Delhi, Gurgaon assist clients in filing design patent applications in India. Patent applicants understand the importance of Registration of Designs in India. Indian design registration laws provide the owner of the design the exclusivity to sell the article without being infringed by the competitor. Protection of industrial design in India protects the new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or method.