Delhi IP

Patent validity/invalidity searches are conducted to ascertain validate/invalidate one or more claims of the granted patent. An invalidity search includes  ex-post-facto  patentability/novelty search after the patent is issued. Patent validity/invalidity searches are primarily carried out in matters where a serious patent infringement suit is involved or some kind of monetary transaction against patent rights is involved. It is matter of fact that digitization of documents takes time and it is not possible to search and analyze every published document during patentability/novelty search over web. Some documents are accessible with time (particularly documents published in form of physical copies and co-pending unpublished patent applications). Disclosure of such document may have serious consequences to the patent rights. On the other hand, a validity/invalidity search may confirm strength of patent rights while assessing its enforceability to evaluate its monetary value. It ...

There are three prerequisites for getting a patent namely: (i) novelty, (ii) inventive-step (non-obviousness) and (iii) industrial application (utility). The first and foremost prerequisite is novelty and then comes inventive-step (non-obviousness). Establishing industrial application (utility)is comparatively easier. An invention is said to be novel when it is neither published anywhere in the world nor used by public before the date of filing patent application. Similarly, an invention is said to be inventive (non-obvious) when the invention involves a feature which is non-obvious to a person of ordinary skill in the art (POSITA). Such hypothetical person (person of ordinary skill in the art) is an ordinary person having ordinary skillset in a particular technical domain to which the invention pertains. Utility of an invention is comparatively easier to establish. An invention always solves a long-standing problem by providing an inventive product or process. However, for establishin...

Patent   is an exclusive right granted by the government to innovators for a limited period of time against the full disclosure of the invention. The main objective of patent law is to promote knowledge sharing by providing opportunities to the innovator to recover the investment incurred and to earn profit. Such knowledge sharing contributes to an overall scientific and technological development by enabling others to use the patented invention for carrying out further research and to use it freely after the expiry of patent term. Similarly, the opportunities to the innovator to recover the investment incurred and to earn profit serves a motivating factor for the innovators. Thus, the ultimate objective of the patent law is raising standard of living by promoting scientific and technological development. In India, patents are governed by The Patents Act, 1970 (As modified and amended) & The Patent Rules, 2003 (As modified and amended). What is patentable? A subject matter must ...

In general language design patents and utility patents both are referred to as patent. Therefore, we are explaining the both scenarios. Then there are two questions. Can you patent (utility patent) a design that is already in use? Can you patent (design patent) a design that is already in use? Ans-1:  Yes, a utility patent can be obtained for a subject matter outer appearance of which is already in use. Please note, that a utility patent is granted in respect to technical advancement and inventive features; however, the design is granted for outer appearance. Therefore, there is no impediment in registering a utility patent for technical advancement or inventiveness where the outer appearance of the same subject matter is already in use. Ans-2:  Please note that to get a design patent, the design must be novel. Therefore, one cannot obtain a design patent for the same subject matter which is already in use. One may get design patent registration in few cases where the examiner...

Intellectual property (IP) rights are legal rights/protections granted by the government to the creators or owners of intellectual property (such as inventions, literary works, designs, symbols, names, images etc.) to exclude others from use without the authorization of the owner/right holder, for certain period of time so that the owner/right holder. Although the rules on intellectual property rights may vary across countries, but there are some minimum standards of rules and protection common across countries are discussed below under different categories. Copyright: Scope of Protection:  Copyright protects the expression of ideas but not the ideas in original works of authorship, including literary works, music, art, and software. Exclusive Rights:  Subject to doctrine of “fair use”, Copyright holders have the exclusive rights to reproduce, distribute, perform, and display their work. Duration:  life of the author plus 50 to 70 years which caries in many jurisdictions ...

Copyright is an exclusive right granted to the creator of creative work. The Copyright is granted in case of literary, artistic, musical work, sound recording and cinematographic films. Copyright is infringed when someone uses the copyrighted work without the consent of the original owner of the work. Section 51 of the Copyright Act provides that the copyright is infringed – When someone does any act, without the permission of the copyright holder, which only the copyright owner is authorized to do. When someone permits someone else to sell, distribute, communicate or exhibit the infringed work on his place When someone imports the infringed products When someone reproduces the copyrighted work without consent from the original owner. When copyright is infringed, the copyright holder can either go for criminal remedies or civil remedies or both. However, it is advised that before initiating the legal proceedings against the infringer, the copyright holder should send Cease and Desist N...