Remove Copying Remove Invention Remove Patent Application
article thumbnail

Understanding IPO’s Rejection of UPL’s Patent Application for Mancozeb and Ortho Silicic Acid Combination in Light of the Patent Bargain and Sufficiency of Disclosure

SpicyIP

Recently, the Indian Patent Office rejected a patent application by UPL Ltd. for lack of sufficient disclosure mandated under Section 10(4) of the Patents Act. At the heart of this bargain lies Section 10(4) of the Patents Act of 1970 which delineates the parameters of a complete specification.

article thumbnail

Trade Secret or Patent?

The IP Law Blog

A patent protects an invention. The invention can be an article of manufacture, a machine, a process (such as software), or a composition of matter (like a chemical formula). Thus, there is some overlap between what can be protected by a trade secret or a patent. Once the patent is issued, it provides certain protections.

Patent 104
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Before the Breakthrough: Does Prior Art Include Wrongfully Published Applications?

SpicyIP

Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application! Despite the withdrawal of the appellant’s patent application, it was wrongfully published.

Art 105
article thumbnail

Types of Patent Applications

Biswajit Sarkar Copyright Blog

Suppose you and your patent attorney have approved the revised copy of the patent application. It should be filed as fast as possible with the patent office, once that happens. They are based on the following criteria – What stage of invention is your product stuck in? Provisional Application.

article thumbnail

Full Patent Protection vs. a Provisional Patent Application

TraskBritt Intellectual Property

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? Keep Trade Secrets Secret.

article thumbnail

Can You Use Color Drawings or Photographs in Utility Patent Applications?

LexBlog IP

Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention. Can you file the utility patent application with the color drawings or photographs?

article thumbnail

Keep it secret or file a patent?

Patent Trademark Blog

If you have a simple product that others can easily copy, you wouldn’t be thinking about keeping anything confidential. Keep it secret or file a patent ? There is a tradeoff when you file a patent. In exchange for the public disclosure of your proprietary information, the government is willing to give you a patent.