Delhi IP

Patents and copyright provide exclusive rights to different types of Intellectual property. Everything is not eligible for patent or copyright protection; they may be eligible for different other types of intellectual property protection. In some cases, it may not qualify for any of the intellectual property or may be statutorily excluded from the eligibility to get intellectual property. Copyright is exclusive right to do or authorize others to do certain acts in relation to literary, dramatic or musical works; computer programme; artistic works; cinematograph film; sound recordings. This rights extends to acts not only to the whole of the work, but to any substantial part thereof or to any translation or adaptation thereof. However, Copyright does not protect functional aspects, ideas, processes, or methods. Patents provides an exclusive right to use or exercise an invention granted for a limited period (term of patent i.e., 20 years from the date of first filing) in consideration of...

There are many start-ups based on innovative solutions. Their sole reason of success is that their intellectual property is efficiently protected and commercially exploited. A patent/IP lawyer can help you to keep your invention confidential by assisting you in drafting and getting into non-disclosure and confidentiality agreements with parties with whom you discuss regarding commercial exploitation of your invention. Further, a patent/IP lawyer is the best person who timely secure your invention and assist you in procuring exclusive right over your intellectual property. A patent lawyer is also helpful in commercial dealing in respect of intellectual property for negotiating deals, assessing strength of intellectual property which is also subject matter of commercial transaction and facilitating technology transfer of your inventions. It is always advisable to get in touch with an efficient and experienced patent/IP attorney once you set up a start-up and looking to commercially explo...

As a patent owner, deciding between patent licensing and patent litigation involves several considerations: Goals : Clarify whether your primary objective is to generate revenue through licensing or to enforce patent rights through litigation. Market Strategy : Assess the market landscape to determine if licensing could provide broader market penetration and strategic partnerships without the costs and risks of litigation. Patent Strength : Evaluate the strength of your patent in terms of its validity, scope, and potential for enforcement in litigation. Resources : Consider your financial resources and risk tolerance, as litigation can be costly and time-consuming compared to licensing. Competitive Landscape : Analyze competitors and potential infringers to determine if litigation is necessary to protect your market position and deter infringement. Relationships : Assess existing and potential relationships with industry players to gauge the feasibility and benefits of licensing agreem...

Citation: C.A.(COMM.IPD-PAT) 415/2022 Arthrogen GmbH vs. Controller of Patents, Design and Trademark,  5 February, 2024 The appeal under Section 117A of the Patents Act, 1970 challenges the rejection of Indian patent application No. 11377/DELNP/2012 by Respondent No. 2, the Controller of Patents, based on Sections 3(j) and 3(i) of the Act. Appellant’s Details and Patent Application: Arthrogen GmbH, a German company, filed the patent application for a method involving the production of protein-enriched blood serum using gold particles. The application included several claims, including methods and product claims related to the protein-enriched blood serum. Claim 1: 1. A method of producing a protein enriched blood serum comprising the steps of: collecting a blood serum; mixing the blood serum and gold particles in a container; incubating the blood serum and gold particles to produce protein-enriched body fluid serum; and removing the gold particles from the protein enriched blood se...

The cost of filing a patent in India can var y based on several factors, including the type of applicant (individual, small entity, or large entity), complexity of the invention, and whether the application is filed electronically or physically. Here’s a general overview of the costs involved in filing a patent in India : Filing Fee : The basic filing fee for patent applications in India varies depending on the applicant type:  Natural person/startups/small entities : Reduced fees apply.  Other entities (large entities) : Higher fees are applicable. Request for Examination : After filing the application, a request for examination must be filed within a certain period. The examination fee depends on the applicant type. Other Fees : Additional fees may apply for late filing of documents, requesting expedited examination, and other procedural requirements. Professional Fees : If you choose to hire a patent agent or attorney to prepare and file your application, their professiona...