Key terms Patent Act Term#11: Parallel Import
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The document discusses parallel imports under Indian patent law. It defines key related terms like exhaustion of rights and first sale doctrine. Under section 107A, the import of patented products by any person authorized by the patentee, such as a licensee, does not constitute infringement. Parallel imports refer to importing patented goods without permission of the patent holder, but from an authorized licensee. This allows controlling prices and prevents abuse of patent rights by removing monopolistic power. The rights of a patent holder are to prevent unauthorized making, using, selling etc. of the patented invention in territories where patents apply.
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The document provides an overview of intellectual property law, including the main types of intellectual property rights such as patents, trademarks, copyrights, and trade secrets. It discusses how each type is acquired and protected, including requirements for patents (being new, useful, and non-obvious), acquiring trademark rights through use in commerce, and copyright applying to original works fixed in a tangible medium. The duration and ownership aspects of each type are also covered at a high level.
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- Patent is a grant from the government that provides exclusive rights over an invention for a limited period of time, allowing the inventor to commercially benefit from the invention [1].
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This document provides an overview of intellectual property rights (IPR) in India, focusing on patent laws. It discusses that IPR includes patents, trademarks, copyrights and more. For patents, it outlines the Patent Act of 1970, including that patents protect inventions for 20 years and can be granted to individuals or assignees. The stages of filing a patent application and granting are described, including opposition and revocation processes. Rights of patentees to prevent use of patented inventions are explained. Infringement and related legal reliefs are also summarized.
Key terms Patent Act Term#12:True and First Inventor
The document discusses key terms related to determining the true and first inventor under the Indian Patents Act of 1970. It defines a true and first inventor as the person who invents something for the first time through their own work. It states that neither the first importer of an invention into India nor a person who the invention is first communicated to from outside India can be considered a true inventor. It also provides an example court case indicating that a financial partner who did not contribute technical knowledge or skills cannot be considered an inventor.
The Patents Act in India
Covers legal aspects of Patenting in India.Explains the difference between Patent, Trademark and Copyright. Differentiates between patentable and non patentable inventions and explains the process of obtaining a patent, with case studies and examples.
IP (Copyright and Patent) Litigations in India-S matilal.ppt
The copyright litigations and the way they are burdening the court system and then we can be there's a lot of product liability law and it's effect on the part of the Don of the Don of the Don of the Don of the Don of the Don of the Don of the Don of the Don of the Don of the Don of the Don of the Don of the Don of the Don of the Don of the Don of a lot to understand the prospects of a lot to do it become a good day and time of year again hai na tu hai hi nahi ho rha hai par man nahi janta ki hardik badhai aur kuch nahi hai kya chl rhi hai kya aap padhai ke rahe honge lekin focus on such as civil services and products and solutions please visit the consumer and understand the difference between the two quizz competition and could be an expert of product liability law in USA the Don of the consumer but because of the day or two of the Don I am to understand the difference of product sellers suppliere settlement and the way to understand the difference between the two quizz competition is now the shift from caveat emptor hai to the Don of product suggestions on the manufacturing companies and seller's org chart hai to the same time the of of product liability for any research paper for mitigation mitigation hai na ki book toh hai na tu hai na ki book toh to the Don of product liability for any of the day or two hai to understand how product is not be able and willing to pay hai na
The Patent Act
The document provides an overview of patent law in India under the Patents Act. It discusses what constitutes a patent, the objectives of patent law, rights conferred by a patent, requirements for a patent to be granted, non-patentable inventions, process and product patents, surrender and revocation of patents, and infringement of patents. The key points are:
1) A patent provides a monopoly right over an invention for a limited period of time (usually 20 years) in exchange for public disclosure of the invention.
2) The main objectives of patent law are to encourage research and innovation, protect inventors' interests, and promote fair trade practices.
3) To be granted a patent, an invention
Intellectual property appellate board
The document discusses the Intellectual Property Appellate Board (IPAB) in India. Key points:
- IPAB was established under Section 83 of the Trade Marks Act of 1999 to hear appeals on decisions of the Registrar regarding trademarks, geographical indications, patents, and more.
- It is headquartered in Chennai and has branches in major cities across India.
- IPAB comprises a Chairman, Vice Chairman, and technical members who hear appeals on registration, removal of trademarks/agents, and other IP matters. All appeals previously filed in High Courts are now transferred to IPAB.
CL PPT
The document discusses compulsory licensing under Indian patent law. It provides context on what patents are, their purpose, and requirements for patentability. It then outlines key aspects of the Indian Patents Act of 1970 and amendments, including provisions for compulsory licensing. The grounds and process for obtaining a compulsory license are explained. It also summarizes a key legal precedent where Natco Pharma was granted a compulsory license for Bayer's anti-cancer drug Nexavar. The decision analyzed whether reasonable requirements were met, affordable pricing, and local working of the invention. The controller ultimately granted the license with price and royalty conditions.
Enforcement Of Intellectual Property Rights Through Customs Vpd Final
Enforcement of Intellectual Property Rights through customs in India - by Vijay Pal Dalmia, Advocate Delhi High Court, Parttner & Head IP & IT Laws Division, Vaish Associates
Patent right
The document discusses intellectual property rights (IPR) including patents, trademarks, copyrights, and goodwill. It defines each type of IPR and provides examples. Patents protect inventions and give the inventor exclusive rights for a limited period. Trademarks protect brands and logos. Copyright protects artistic and literary works. Goodwill refers to the value of a business based on customer loyalty and reputation. The document also discusses IPR infringement, registration processes, and legal penalties for violations of IPR.
Patent act
The document discusses India's Patent Act of 1970 and its amendments. It covers several key points:
- The Act governs patent granting in India and provides protection for 20 years. Patents must meet criteria of novelty, inventive step, and industrial applicability.
- Several types of patents can be granted including ordinary patents, patents of addition, and patents of convention. Both product and process patents are allowed.
- The Act excludes inventions that are offensive, harmful to health/environment, or relate to nuclear technology. Compulsory licensing and revocation provisions aim to protect public interests.
- The patenting process and rights of patentees are outlined along with permissible patent subject matter and exceptions. Maint
FACTOR AFFECTING ON INTELLECTUAL PROPERTY VIOLATION & PENALTIES ROLE OF IPR ...
This document discusses the role of intellectual property rights (IPR) in the pharmaceutical industry. It notes that IPR is important for (1) protecting inventions through patents or trade secrets, (2) promoting economic growth and competitiveness by allowing inventors to profit from their work, and (3) generating solutions to global health challenges by funding innovation. Violations of IPR, such as patent, trademark, or copyright infringement, can be remedied through legal actions seeking injunctions, damages, or seizure of infringing materials.
Compulsory licensing (patents)
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
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Key terms Patent Act Term#12:True and First Inventor
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IPR in Business #B05: Myths and Facts of PCT Patent Application
The document discusses the World Intellectual Property Organization (WIPO) and the Patent Cooperation Treaty (PCT) application process. WIPO was created to promote and protect intellectual property globally. The PCT provides a unified procedure for filing patent applications across contracting states. To file a PCT application, an applicant must first file a priority application in their country within 12 months. They then file the international PCT application. After international search and preliminary examination, applicants enter national phase in selected contracting states within 30 or 31 months for examination and grant.
IPR in Business #04: International Patent Filing Reasons & Strategies
Filing patents internationally can enhance valuation and status, but it is an expensive, complicated process as patent laws and procedures vary globally. There is no single international patent - applications must be filed in each country separately. Indians have 12 months from domestic filing to file abroad. The PCT and convention routes allow filing in multiple countries simultaneously, but require meeting individual country deadlines. Key factors for considering international filing include future business plans, a technology's market potential, and budget to handle long timelines and high costs of foreign prosecution and maintenance. International filing decisions require weighing these pros and cons based on business goals.
IPR in Business #03: Developing Effective IP Strategy
Developing an effective IP strategy is important for companies. Key components of a successful strategy include reducing R&D cycles through prior art searches, protecting IP through various forms like patents and trademarks, analyzing infringement risks, and monetizing IP through licensing and enforcement. Prior art searches can reveal existing knowledge that can speed up product development and identify licensing opportunities. Infringement analysis prevents costly issues down the road. Licensing and litigation help capture value from IP assets and defend patent rights. An IP strategy must align with business goals and include processes for effective implementation.
IPR in Business #02: How can an idea be patented
The document discusses the process of patenting an idea, including:
- Filing a provisional patent application protects an idea at an early stage of development when full details are not ready. A complete application must then be filed within 12 months with full disclosure.
- A patent protects inventions that are novel, useful and non-obvious. The best mode of carrying out the invention must be disclosed.
- International patent laws like the European Patent Convention and US laws require sufficient disclosure and description to enable reproduction without undue experimentation. Indian law also requires full description of the invention and its operation.
- An idea alone cannot be patented; it must be developed into an executable invention with experimental results before
IPR in Business #01: Why should a business file for a patent
The document outlines 5 key reasons for a business to file for a patent:
1) Patent protection prevents others from exploiting inventions for 20 years, allowing license or sale of the patent.
2) Patents help brand and value companies by allowing labels of "patent pending" or "patented" on products and websites.
3) Patents can be enforced if infringed, allowing recovery of damages as seen in a case of Apple paying $368 million.
4) Filing establishes priority date and number for the invention as public record.
5) Patents are valuable intangible assets that increase company valuation for acquisition.
Key Terms of Patent Act # 19: Divisional Application
The document discusses divisional patent applications under Section 16 of the Indian Patents Act. It states that a patent application should generally only relate to one invention, for administrative and financial reasons. However, if inventions are closely related they can be included in a single application. If the controller objects that an application lacks unity of invention, it can be split into multiple divisional applications without losing the original priority date. The format for claiming priority from the parent application in a divisional application is also provided.
Key Terms of Patent Act # 18: Secrecy Directions
The document discusses provisions under the Indian Patents Act relating to secrecy directions for inventions relevant to national defense. Key points include:
1) The Controller can impose secrecy directions to restrict publication of patent applications for inventions related to defense, on the directions of the Central Government.
2) The Central Government determines whether publication of such inventions would prejudice national defense.
3) Secrecy directions are periodically reviewed by the Central Government, and revoked when the invention is no longer considered prejudicial to defense.
4) Residents applying for foreign patents must first file in India or obtain permission to avoid penalties.
Key Terms of Patent Act #17: Post Dating
This document discusses post-dating of patent applications under Sections 9 and 17 of the Indian Patents Act. Post-dating allows an applicant to shift the filing date of a patent application to a later date. Key points covered include that post-dating can be requested before grant of the patent for up to 6 months from the original filing date. The fee for post-dating is 800 INR for start-ups. Post-dating may help extend deadlines for filing complete specifications or PCT applications while maintaining the priority date, but it risks destroying novelty if the invention was publicly disclosed between the original and post-dated filing dates.
Key Terms of Patent Act #16: Burden of Proof
The document discusses burden of proof in patent infringement cases under Indian law. It states that the burden of proof normally lies with the plaintiff or patentee to prove infringement. However, in cases of process patents where the patentee cannot reasonably determine the process used by the defendant to produce an identical product, the burden of proof shifts to the defendant to prove their process is different. The document provides examples from case law where Indian courts have applied this standard and shifted the burden to defendants for process patents.
Key terms Patent Act Term # 15: Appellate Board
The Appellate Board is a specialized tribunal set up by the Indian government to handle appeals related to patent decisions made by the Controller. It has the power to decide appeals on patent applications, oppositions, amendments, revocations, and other matters. The Appellate Board is aimed at speedy resolution of patent appeals and has locations in major Indian cities. It is headed by a Chairman and includes Technical Members with qualifications in engineering, technology, science or patent law experience. Appeals to the Appellate Board must be made within 3 months of the Controller's order.
Key terms Patent Act Term # 14: Plaintiff
The document discusses key terms and concepts related to patent infringement cases under the Indian Patents Act of 1970. It defines a plaintiff as the party who initiates a lawsuit, seeking a legal remedy from the court. A defendant is the party required to respond to a plaintiff's complaint. The document notes that in most patent infringement suits, the burden of proof is on the plaintiff, but for process patents the burden may shift to the defendant. Available defenses and potential relief from the court, such as injunctions, damages, or seizure of infringing goods, are also outlined.
Key terms Patent Act Term #13: Priority Document
This document discusses key terms related to priority documents under the Indian Patents Act. It explains that a priority document is a certified copy of an earlier patent application that can be submitted to authenticate priority claims. The document outlines rules for submitting priority documents when filing PCT or convention applications. It notes fees of 1000, 2500, and 5000 INR for natural persons, MSMEs, and others respectively to obtain a certified priority document from the Indian patent office. The document also introduces digital access service codes as an alternative to physical priority documents and provides details on requesting and using DAS codes.
Key terms Patent Act Term#10: Jurisdiction
The document discusses jurisdiction under the Indian Patents Act. It defines jurisdiction as the geographic area over which a court has authority. It notes that different patent offices in India have jurisdiction over different states and territories. The Mumbai patent office has jurisdiction over Gujarat, Maharashtra, etc. while the Delhi office covers states like Haryana, Punjab, etc. It also outlines that suits for infringement under the Act must be filed in a district court or higher court having relevant jurisdiction, and that the Intellectual Property Appellate Board and other authorities have jurisdiction as provided in the Act.
Key terms Patent Act Term#9: Lapsed Patent
The document discusses the procedure for restoring a lapsed patent in India under Sections 60-62 of the Indian Patents Act of 1970. It outlines the key steps which include making a request for restoration within 18 months of the patent lapsing along with an explanation for the failure to pay fees, an opportunity for opponents to object, and a decision by the controller. If approved, the patent is restored upon payment of unpaid fees and additional fees, and may include conditions to protect other parties' interests. The rights of the original patentee are also discussed if restoration is granted.
Key terms Patent Act Term #8: Bolar Exception
This document discusses the Roche Products v. Bolar Pharmaceutical case and the subsequent establishment of the "Bolar exception" in various countries' patent laws. In the Roche case, the court ruled that Bolar's experiments using Roche's patented drug to obtain regulatory approval for its generic version constituted patent infringement. However, Congress then passed a law allowing generic drugmakers to use patented inventions for regulatory approval purposes before patents expire, known as the "Bolar exception." Section 107A of India's Patents Act includes a similar Bolar exception, allowing use of patented inventions solely for regulatory approval without the patent owner's consent.
Key terms of Patent Act Term #7: Person interested
The document defines "person interested" under the Indian Patents Act of 1970 as a person engaged in promoting research in the same field as the invention. A person interested has certain rights under the act, including the right to request examination of a patent, oppose the granting or amendment of a patent, oppose the restoration or surrender of a lapsed patent, petition to revoke a patent, and request compulsory licensing of a patent after three years. The act also allows a person interested to be notified and give notice of opposition in cases of government acquisition, correction of errors, or legal declarations made on behalf of minors or those deemed mentally unsound.
Key terms of Patent Act Term #6: Anticipation
The document discusses anticipation under the Indian Patents Act of 1970. It defines anticipation as a prior disclosure that destroys the novelty of a claimed invention. Sections 13 and 29-34 of the Act deal with anticipation. Certain exceptional acts are described in Chapter 6 where an invention disclosed before the priority date is still not deemed anticipated. These include anticipation by previous publication to government (Section 30), public display (Section 31), public working (Section 32), and use/publication after a provisional specification (Section 33). For these exceptions to apply, the applicant must file a patent application within 12 months of the disclosing event.
Key terms of Patent Act Term #5: Patent of Addition
- A patent of addition allows an inventor to file for a modification of an original or "main" invention, rather than filing a separate patent application, if the modification is not significant enough on its own to warrant a separate patent.
- A patent of addition does not require separate renewal fees and will expire automatically if the main patent expires. However, the controller can convert it to an independent patent upon request.
- The document provides examples of when a patent of addition would be appropriate, such as a modified process for making automobile paint. It also outlines requirements like the patent of addition cannot be granted before the main patent and must reference the main patent.
Key terms of Patent Act Term #4: Ante Dating
Section 16 of the Indian Patents Act discusses the power of the Controller to order the division of a patent application relating to multiple inventions. It allows for a single patent application to be split into multiple divisional applications, each relating to a separate invention. Divisional applications preserve the original priority date of the parent application. This ensures each invention can be separately examined and patented while maintaining the benefits of the earlier priority date.
Key terms of Patent Act Term #1: Assignee
The document discusses key terms related to assignees under the Indian Patents Act of 1970. It defines an assignee as one who receives the transfer of rights from an owner or assignor. An assignee of an assignee is also considered an assignee. The legal representative of a deceased assignee is also an assignee. Assignment of a patent can occur at various stages including at filing, before grant, after grant, during acquisition or merging of companies, or for commercialization purposes. Form 6 and Form 13 must be filed with the patent office for any changes in applicant or assignment, along with the applicable government fees.
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Key terms Patent Act Term#11: Parallel Import
- 1. Term #11 Parallel Import U/S 107B Key Terms of Indian Patents Act Ms Bindu Sharma, Founder & CEOSpeaker Indian Patents Act 1970
- 2. Exhaustion of Rights Principle whereby the right holders’ IP rights in respect of a product are considered exhausted (i.e. he no longer can exercise any rights) when that product has been put on the market by the IP holder, or by an authorized party.
- 3. Exhaustion doctrine or first sale doctrine After a patented product has been sold by the patentee or by others with the consent of the patentee, the IP right is said to be exhausted. It can no longer be exercised by the owner.
- 4. Illustration If an inventor obtains a patent on a new kind of pen, the inventor can legally prohibit other companies from making and selling this kind of pen, but can not prohibit customers who have bought this pen from the patent owner from reselling the pen to third parties.
- 5. U/S 107A, Certain acts not to be considered as infringement • Importation of patented products by any person from a person, who is duly authorized under the law to produce and sell or distribute the product, shall not be considered as an infringement of patent rights. • Parallel Import
- 6. Parallel import • Importation of patented products by any person authorized by the Patentee will not be considered as an infringement. • Therefore, it is possible to import the patented products from the licensee of the patentee in any country without the permission of the Patentee.
- 7. Parallel import The purpose of Parallel import is to check the abuse of patent rights and to control the price of patented product by taking away the monopolistic power of the patent holder.
- 8. Parallel Import Parallel import (also called grey market imports) is not unauthorized, unofficial or illegal sale, nor it the sale of pirated and counterfeited products, rather parallel imports are genuine, often branded, products that do not violate an IP right and legal in most of the nations.
- 9. Rights of a patent holder Prevent third party from making, using, selling, offering for sale or importing the patented item in the territory where there is patent protection.
- 11. Question 10. According to Section 107(A), if a patented product is imported by _______ will not considered as infringement. a. Patentee b. Any person authorized by Patentee c. Licensee d. Defendant
- 12. info@origiin.com | 91 98456 93459 www.origiin.com Subscribe to our Origiin IP Solutions LLPChannel Copyright © 2020 Origiin IP Solutions LLP. All Rights reserved