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.
Category: patent attorney in india
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 Opposition
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.
Patent Applications in India
Patent applications are divided into one or more types by the patent office, and as per Indian Patent Office, a patent applicant can type multiple kinds of patent applications.
Patent Filing in India
The patent law in India defines various categories of patent applicants. Depending upon the category and type of the patent applicant, the documentary requirements and the official filing fee varies. In essence, a patent in India can be filed by a natural person, a startup, small entity, others.
Patentability of an Invention
Patentability of an invention refers to patent eligibility of the invention, as defined in the patent laws. When a patent application is examined by the patent office, the primary goal of the patent examiner is to determine the patentability of the invention as defined by the patent claims, as described in detail by the patent description, and as illustrated by way of patent drawings.
What is a business method patent?
Most business method patents fall under IPC Class G06Q. The Patent Offices worldwide use IPC patent classification to classify patents that claim a system or apparatus and corresponding methods for performing data processing operations uniquely designed for processing data between servers, & handheld devices.
Best Practices to follow while writing Patent Claims
“At least one” refers to “one or more” components and therefore if a granted patent claims contains ” one ” or “at least one” will make a lot of difference if an infringer infringes upon the patented product. This example illustrates a need for language manipulation in patent claim writing.
Getting Software Patents in India
Grant of Software Patents in India is possible. Patents filed for innovations relating to computer programs, software and mobile applications protect the novel and inventive features of such innovations from being copied by the competitors. Software Patents in India is granted for an embedded software in a mobile application, and/or software plus hardware combination.
Software Patentability
Conduct a patentability search of the prior art available in the public domain is advisable before filing the software patent application. The software patent strategy includes the steps of reviewing non-patent literature documents like journal, newspaper articles, magazine articles, books, conference materials, brochures, and research reports.
Law Office of Rahul Dev 
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