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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.
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 patentlaw in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act).
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].
Such inventions may be protectable under federal patentlaws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the publicdomain.
Patentlaws 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.
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 patentlaw, but which law prevails will depend on the strategic advantage sought by the applicant.
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 publicdomain.
Such inventions may be protectable under federal patentlaws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the publicdomain.
This is a question that is being studied including by the United States Patent and Trade Mark Office (USPTO) which launched an investigation into issues associated with patenting artificial intelligence inventions. patentlaw, 35 USC §§ 1 et seq. an inventor must be a natural person. In addition, the U.S.
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