A patent is a set of exclusive rights granted by a state (national government) to an inventor for a limited period of time in exchange for a public disclosure of an invention.
International Patenting: Paris Convention, Patent Cooperation Treaty, and Pat...Patterson Thuente IP
India's place in the patent world.
International patenting basics.
Patent Cooperation Treaty (PCT) overview.
Patent Prosecution Highway (PPH) benefits.
International Patenting: Paris Convention, Patent Cooperation Treaty, and Pat...Patterson Thuente IP
India's place in the patent world.
International patenting basics.
Patent Cooperation Treaty (PCT) overview.
Patent Prosecution Highway (PPH) benefits.
Under the Indian patent law, a patent can be obtained only for an invention that is new and useful. The invention must relate to the machine, article, or substance produced by a manufacturer, or the process of manufacture of an article.
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
Compulsory licensing is when a government allows someone else to produce a patented product or process without the consent of the patent owner or plans to use the patent-protected invention itself.
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
Under the Indian patent law, a patent can be obtained only for an invention that is new and useful. The invention must relate to the machine, article, or substance produced by a manufacturer, or the process of manufacture of an article.
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
Compulsory licensing is when a government allows someone else to produce a patented product or process without the consent of the patent owner or plans to use the patent-protected invention itself.
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
Intellectual property is the product or creation of the mind. It is different from other properties in term that it is “intangible”. Hence it needs some different way for its protection.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
1. THE INDIAN PATENT ACT -
1970
Submitted By :
Mr. Yelmame Shankar
S.Y.M.Pharm
2. Patent
A patent is a set of exclusive rights granted by a state
(national government) to an inventor or their assignee for
a limited period of time in exchange for a public
disclosure of an invention.
The term patent usually refers to a right granted to anyone
who invents or discovers any new and useful process,
machine, article of manufacture, or composition of matter,
or any new and useful improvement.
2
3. HISTORY OF PATENT ACTS IN INDIA
1856 Act for protection of inventions on the basis of British law of 1852
1859 Patent monopolies called exclusive privileges (14 year)
1872 Patents and Designs Act
1883 Protection of Inventions Act
1888 Inventions and Designs Act
1911-
1947
Modern patent era by Patents and Designs Act. First time an authority call
Controller General of Patents appointed
1959 Justice Ayyangar’s report
1967 Patent Act bill introduced in the Parliament
1970 The Patents Act passed by the parliament
1972 The Patents Act-1970 came into force on April 20, 1972
1994 Amendment by ordinance to include Exclusive Marketing Rights (EMR’s)
1999 Amendment passed by the parliament. New patent amendment bill referred to
select committee
2003
2005
Patents Act 1970 with second amendment comes into force
Patent Act 1970 (2005 Amendment) comes in to force from 1-1-2005
4. 4
1970 Act
No product patent for chemicals, food and medicine
No patents for agriculture and horticulture products
Compulsory licences
Patents to be worked in India.
6. Patent Law - Salient Features
• Both product and process patent provided
• Term of patent – 20 years
• Examination on request
• Both pre-grant and post-grant opposition
• Fast track mechanism for disposal of appeals
• Provision for protection of bio-diversity and traditional
knowledge
• Publication of applications after 18 months with facility for
early publication
• Substantially reduced time-lines
7. Safeguards in the Patent Law
• Compulsory license to ensure availability of drugs at
reasonable prices
• Provision to deal with public health emergency
• Revocation of patent in public interest and also on security
considerations
8. The Term Of Patent :
In respect of a invention claiming process of manufacture of a
substance intended to be used as food or medicine ---- 5 yrs
from the date of sealing or 7 yrs from the date of patent
whichever is shorter.
In case of any other invention ---- 14 yrs from the date of
patent.
9. Expiry Of A Patent
A patent can expire in the following ways:
1. The patent has lived its full term.
2. The patentee has failed to pay the renewal fee.
3. The validity of the patent has been successfully challenged by an
opponent by filing an opposition either with the patent office or
with the courts.
4. As soon as the patent expires, it pass to the general public domain
and now anybody can use it without the permission of the original
inventor
10. Rights of a patentee
1. Right to exploit the patent.
The patentee has a right to prevent 3rd parties, from
exploiting the patented invention.
2. Right to grant license.
The patentee has a power to assign rights or grant license.
3. Right to surrender.
The patentee is given the right to surrender the patent by
giving notice in prescribed manner to the controller.
4. Right to sue for infringement.
A patentee is given the right to institute proceeding for
infringement of the patent in a district court .
11. STAGES - FILING TO GRANT OF PATENT
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
Revocation/Amendment
OPPOSITION
• PROMPTLY AFTER 18 MONTHS FROM P.D.
• WITHIN 48 MONTHS FROM F.D.
• ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
• WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL. / COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appellate Board
Appeal