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It will also mention one of the key issues with the current Designs Act, 2000 , as it may be a good opportunity to strengthen the legal framework around industrial designs in the country. of the Treaty provided mandatory disclosure of Traditional Knowledge in patentapplications (discussed here by Praharsh). Article 3.2
A patent is an exclusive right granted to the inventor against his invention, which may be a product or a process for a new way of doing something, provided that the patent owner discloses the technical information related to his invention in the patent publication. Patents are governed by Royal Decree 82/2000.
07/08/22 – Patents. USPTO’s Public PatentApplication Information Retrieval (Public PAIR) tool, available since the early 2000’s will be official retired on 31 July.
A patent which is granted in the territory of India can only be discharged within the borders of India, meaning the Patent rights are territorial in nature. Which means that there is no “Worldwide Patent”. Nonetheless, if a patentapplication is filed in India, that leads to the protection of the patent internationally.
Taking a Look at Lupin’s Colour TM Application for its Inhalers Image from here On Lupin’s recent colour trademark registrations for its inhalers, Md Sabeeh Ahmad. Sabeeh highlights how these registration can extend Lupin’s monopoly and could affect million’s right to access these essential medicines.
A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patentapplication. Who can file a patentapplication? There is a difference between the utility and design acts.
This was a significant development as the Supreme Court of Canada had expressly rejected the idea and stated that admitting patent prosecution history “would undermine the public notice function of the claims, and increase uncertainty as well as fuelling the already overheated engines of patent litigation” ( Free World Trust v Électro Santé Inc.
Each year, IP Spotlight updates our readers who often ask: how long does it take for a patent or trademark registration to grant? The allowance rate for all utility, plant, and reissue applications that the USPTO disposed of in the past year was 59%. The fee is $4000 for a large entity, or $2000 for a small entity.)
SpicyIP Tidbits: Clarification on Jurisdiction of High Courts after the Tribunals Reform Act 2021, and Need for Reasoned Orders for Rejecting PatentApplications. Then we discussed the Bombay High Court’s decision to rebuke the Patent Office for dismissing a patentapplication without providing sufficient reasons for the same.
Therefore, the only way to protect a GUI with a design patent is by filing it as part of a design application whose main object is, for example, a mobile phone. Therefore, at the end of it, China still requires a physical product to be at the center of the design patentapplication.
Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr. UPL Limited vs The Controller Of Patents Designs And Trademarks on 30 April, 2024 (Calcutta High Court) Image from here The present dispute is an appeal challenging the order of Joint Controller, dated July 31, 2023, refusing patentapplication of the appellant.
Therefore, the only way to protect a GUI with a design patent is by filing it as part of a design application whose main object is, for example, a mobile phone. Therefore, at the end of it, China still requires a physical product to be at the center of the design patentapplication.
National Internet Exchange India , where the court suggested using AI to prevent registration of identical and deceptively similar marks (page 6). Reform in Law However, while the patentapplication numbers are on the rise, the Industry has expressed concerns over the patent prosecution and examination regime in India.
Significantly, cancer registration is not mandatory in India, meaning we dont have clear information on the number of cases that have reached a healthcare centre. Data between 1971-1980, 2000, 2019-2025. Data between 1991-2000, 2009-2015 and 2018. search journey shown below) Image 4. I could not figure out why S.No.
Interestingly, the defendants firm was founded by one of the employees of the plaintiffs firm, who had also filed an opposition to the trademark registration of BASANT by the plaintiff, but amicably settled later. The defendants allegedly used the trademark NEW BASANT and engaged in the same genre of business.
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