Patent Filing in India – Publication of Patent Application

According to the Patents Act, 1970, a patent application is not open to public before expiry of 18 months from the date of filing and/or date of priority (whichever is earlier) of the application. The Patent Office publishes the patent application in the Official e-Journal ordinarily within one month from the date of expiry of 18 months from the date of filing or priority (whichever is earlier), except under some specific conditions where: a secrecy direction is in force application is abandoned under subsection (1) of section 9 (complete specification is not filed within twelve months from the date of... Read More

Patent Filing in India – Divisional Application

Unity of invention is a formal administrative requirement that must be met by a patent application to become a granted patent. According of sub-section (1) of section 16 of the Patents Act, 1970, “A person who has made an application for a patent under this Act may, at any time before the grant of the patent, if he so desires, or with a view to remedy the objection raised by the Controller on the ground that the claims of the complete specification relate to more than one invention, file a further application in respect of an invention disclosed in the... Read More

Patent Filing in India: Patent of Addition

A patent is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. An invention is a solution to a specific technological problem for which a patentee obtains protection as patent. In a competitive world, technologies and innovations built on existing knowledge are changing rapidly with time. Hence, the patentee needs some ways to protect such improvements and modification over his/her already protected innovation. Here, the Patents Act, 1970, enables a patentee to apply for an improvement or modifications over... Read More

Trademark Registration in India

Trade Mark means (1) a mark capable of being represented graphically and (2) which is capable of distinguishing the goods or services of one person from those of others (that is, it must be distinctive). It may include a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, logos, colours, slogans, three-dimensional shapes and even sounds. Advantages of Trademark and Registration Identifies the goods/services in respect of origin or owner. Advertises the goods/services through association and encourages future purchase. Assurance of quality of goods and services. Protection of hard earned goodwill and public trust. Exclusive right... Read More