Delhi IP

  You can Sue them for even using your shape. Patent rights granted to the appearance of goods or article i.e.,  shape , configuration, pattern or ornamentation is known as design patent or registration of design. The main objective of design registration is: to check that the creator of the unique design shall not be deprived of the reward for inventing and applying of unique design to his/her goods and articles; to promote the manufacture of new and innovative designs in the market so that a healthy competition in the market is maintained. Note:  As per Design Act, 2000, any object which is manufactured is known as article. The object can be made of any substance which is either artificial or natural and that object must be capable of being made and sold separately. What is subject matter of a design Design as defined in Design Act, 2000 includes: Feature of shape, configuration, pattern, ornament or; Composition of lines or; Colour applied to any product or article whe...

  Renewal of patent In India the patent is granted for a period of 20 years. During this period the applicant has to pay renewal fees to the controller of the patent every year starting from 2nd year of the term for renewal of patent. If the patent holder fails to pay the renewal fees/annuity, then the patent will cease to exist and the invention will fall into public domain. If this happens then the patent holder can reinstate the patent in two ways- by requesting for six months extension for payment of annuity by paying late fee by filing for restoration of patent As per section 60 of the Patents Act when a person fails to pay the renewal fees within the prescribed period, then he/she or his legal representative can file an application for the restoration of expired patent. The application for the restoration of expired patent has to be filed within the period of 18 months from the date on which the patent falls into public domain. Procedure for Disposal of Application for Restor...

  Patent of addition is a patent given for improvement of patented invention. Basically, when we get a patent for an invention there remains a scope in that invention for improvement and modification. In such cases these improvements and modification in a  patented invention  can be protected by patent of addition in India. No extra fees is required to get a patent of addition however the improvement or modification should be more than a mere workshop improvement. Term of patent of addition The term for patent of addition is same as the term of the patented invention in which the improvement or modification is made and for which the patent has not expired yet. If in case the patent of the main invention is revoked, then the patent of addition can be converted into independent patent. However, the term for that converted patent will not change. It will remain for the period of remainder period of main patent which has been revoked. If the improvement or modification is inn...

  Compulsory licensing is a process in which government grants license to someone else to produce a patented product or process without the consent of the owner of the patent or decides to use the patent-protected invention itself. It is one of the flexibilities provided in  TRIPS Agreement  through which the other interested person can produce the patented product without the consent of the owner of the patent. There are certain prerequisites as provided under section 84-92, which need to be fulfilled for grant of compulsory license in favour of someone. As per  Section 84(1),  any interested person, after three years from the grant of patent can make a request to the controller for grant of compulsory license when any of the following condition is fulfilled: The requirements of the public related to patented invention has not been satisfied. The patented invention is not available at reasonable price to the public The patented invention has not worked in India...

  When a patent is granted, it’s not always the case that the patent will remain unopposed by any third party till the lifetime of patent. The patent may be challenged by certain people and the method to challenge the patent is by way of filing a revocation petition. Revocation of patent basically means cancellation of rights granted to the owner of the patent. Revocation proceedings can be initiated by the  Central Government  or by any interested person who has been injured or affected by the continuance of the Patent. It can also be initiated by a counter claim in a suit for infringement. Grounds for Revocation Section 64 of the Patents Act, 1970 contains several grounds for revocation of patents: the invention claimed in the specification has already been granted to another person in India the patent was granted on the application of an individual who was actually not entitled to apply; the patent was obtained wrongfully from another person who is actually entitled fo...

  Patent Drafting in India Patent is a right conferred by the state in consideration of disclosure of the invention so that others cannot exploit or use the particular invention. After one decides to patent one’s invention it is very important to know the process of patent filing in India as the practice is based on “first to file system’’. What is patent specification Patent specification is a legal document which describes the invention and best method of performing it. It should be made in an ordinary language so that person skilled in the art can easily practice the invention. It is given along with the application for patent. As it involves technology as well as law it requires special care and all ambiguity is to be avoided as there are chances it can lead to invalidation of the patent. The claims must be definite. The purpose of drafting of patent specification are -To disclose the invention to the public so that when the patent is expired, public can work it -To explain cle...