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Patentability in India

Biswajit Sarkar Copyright Blog

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act).

Patent 52
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What Is The Right Stage For Filing A Patent?

Intepat

However, something more than conception is required for an invention to be ready for patenting. There is a trend among inventors to claim a patent at the time of ideation itself, while at the same time people also try to apply for a patent after bringing an invention to the public domain.

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Traditional Knowledge and Trade Secrets

IP and Legal Filings

Patent laws fail to protect traditional knowledge as it does not recognise generation innovation. Even a WIPO guide on recording traditional knowledge talks about empowering communities to write their own traditional knowledge, and provide limited access to the recorded documents in order to preserve secret traditional knowledge.

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Patentability Search of Software in India

IP and Legal Filings

Hence, the software has to be a new invention to be patentable. Should you go for Patents or Copyrights? However, software enjoys dual protection under copyright and patent law, but which law prevails will depend on the strategic advantage sought by the applicant.

Patent 52
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Examining Oppositions: Time for a Deeper Look

SpicyIP

A team from the Centre for Intellectual Property, Innovation and Technology at Hidayatullah National Law University recently released a monograph titled ‘A Study of Patent Opposition System’, available here (PDF). The main monograph forms the first 32 pages of the 180-page document. of the total published applications. ’.

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2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

IP 98
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Prior Art

Biswajit Sarkar Copyright Blog

As stated in the previous blog on Patentability in India, Novelty is one of the essential criteria required for a patent to be granted in India. Novelty means that the invention must be new or novel and must not have been anticipated by any published document in the world. a) Prior Publication [Section 29(1), the Act].

Art 52