Patent Writing India

    





    

 
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The Patents (Amendment) Act, 2002
The Patents (Amendment) Act, 2002 was passed by Parliament in May, 2002 and notified in June, 2003. The Act has been made effective from May, 2003 and has brought about lot of changes.
Salient Features:
The salient features of the Patents (Amendment) Act 2002 are as follows:
A. Modification of term invention:
The Sec. 2 (1)(j) of Patent (Amendment) Act 2002, defines the term ?invention? as "a new product or process involving an inventive step and capable of industrial application" Where ?Inventive step? means a feature that makes the invention not obvious to person skilled in the art.
Earlier ?invention? means any new and useful -
(i) Art, process, method or manner of manufacture;
(ii) Machine, apparatus or other article;
(iii) Substance produced by manufacture;
and includes any new and useful improvement of any of them, and an alleged invention.
B. Examination of application (Sec. 11(b)):
India has opted for a deferred examination system. This means the Controller will not initiate examination of the application. Examination of an application will now be taken up only upon request by applicant or in the Form 19 with fees of Rs.1000 for individual applicant or Rs. 3000 for legal entity other than an individual, at the appropriate office of the Patent office (Rule 24).
The request is to be made within forty-eight months from the application filing date. Where an application was filed prior to May 20, 2003 (i.e. before the commencement of the Patent (Amendment) Act 2002), a request for examination is required to be made within a period of twelve months from May 20, 2003 or forty-eight months from the filing date, whichever is later. Upon failure to request examination, the application shall be treated as withdrawn by the applicant. The applicant or agents can also with draw the application at any time (before the grant of the patent) after filing the application.
C. Publication/Notification of the Application (Sec. 11 (a)):
After the expiry of 18 months from the date of filing or the date of priority whichever is earlier, the Controller will notify the contents of the applications falling within the provision in the Gazette of India Part-III Sec.2 (Rule 25).
D. Term of Patent (Sec.53):
The term of patent has been enlarged to twenty years for existing patents and patents granted on pending applications. This term is calculated from the date of filing of the application.
Earlier the term of patent for method or process of manufacture of substance (e.g. food, medicines, drugs etc.) was five years from the date of the sealing of the patent, or seven years from the date of patent whichever period is shorter and in respect of any other invention, fourteen years from the date of the patent.
E. Burden of proof (Sec. 104 A):
The burden of proof in a proceeding for process patent infringement has been reversed and imposed on Defendant.
F. Fees (First Schedule):
The fees for filing a new application for patents has been reduced from Rs. 1500 to Rs. 750 in the case of an individual applicant and from Rs. 5000 to Rs. 3000 in the case of legal entity.
G. Prohibition to apply abroad (Sec. 39):
No person shall file an application or patent for an invention without applying in India or without the written permission of the Central Govt. If the applicant is not interested to secure a patent in India or the invention is not patentable according to the Indian law, he has to mandatorilly file an application for the said invention and has to wait for the expiry of six weeks after filing the application and then only file the corresponding application abroad for the same invention.
H. Date of Patent (Sec. 45):
The date of every patent will be the date of filing the application for patent. According to The Patent Act 1970, the date of patent was the date of filing of complete specification. The date of patent is very important to determine the term of parent.
I. Rights of patentee (sec.48):
The rights can be consider as negative because the rights of patentee, in the case of product patent, prevent third parties without the consent of the patentee, from making , using, offering for sale, selling or importing into India and the rights in the case of process patent, prevent third parties without the consent of the patentee, from the act of using that process and offering for sale or selling in India or importing for those purposes the product obtain directly by that process, provided that th e product obtained is not patentable under the Act.
J. The Powers of the Branch Office (Rule 4):
The branch offices of the Patent office have been vested with more powers. Under Sec. 68 the actions such as making a request of sealing of patents, registration of assignment (under Sec. 68) etc has to be made in the appropriate Branch offices of the Patent office and not at the Head Office as the case earlier.
K. Appellate Board (Sec. 2 (1a)):
Appeal Board appointed under the Trade and Merchandise Marks Act 1999 shall be the Appeal Board for purposes of Patents Act. This Appellate Board hears and decides appeals from the decision of the controller. The Head Quarter of the Appeal Board is to be in Chennai.
It is clear that the definition of term invention in Patent Act, 2002 has enlarged the scope of protection. The controller has also been vested with the power to consider the question of obviousness of the invention disclosed while conducting the examination of application for considering the grant of a patent for the invention. In this context it should be noted that in the Patent Act, 1970 the Controller has no direct power to consider the question of obviousness. The power is only for the opponents w hile opposing the draft of patents under Sec. 25 of the Patent Act, 1970. The effect of this amendment is that it may not be possible to get a patent for trivial modifications.
L. Time for placing the application in order for acceptance (Sec. 21):
The time frame for putting an application in order for acceptance subsequent to its first examination has been shortened to 12 months (non-extendible) from the date of First Examination Report (FER). The first reply to the first examination report is required to be made within 4 months of the date of its issuance.
M. Unity of Invention (Sec. 10(5)):
The concept of 'unity of invention' has been broadened to include a group of inventions linked so as to form a single inventive concept. The claims in a specification should relate to a single invention or a group of invention linked so as to form a single inventive concept. Now, by this amendment it may be possible to claim more than one process in a single application if these processes fall under one group and are closely linked.
N. Electronic Communication (Rule 6):
The documents can also be filed by electronic transmission duly authenticated. In that event the document should be clear, properly addressed and mailed and its original has to be submitted within fifteen days from the date of receipt of communication. The drawings can also be filed electronically.
O. Statement and Undertaking (Rule 12(4)):
For filing the Statement and Undertaking on Form 3 a provision has been provided to seek extension beyond three months.
P. Declaration of inventor-ship (Rule13 (6)):
The declaration of inventor ship on Form 5 should be filed along with the complete specification. An extension of one month beyond this period can be secured by filing a request on Form 4 with the fees Rs. 250/- pm if the applicant is an individual or Rs. 1000/- pm if the applicant is a legal entity.
Q. Abstract (Rule 13 (a) to (d)):
While filing the application accompanied with a complete specification, an abstract of the invention maximum 150 words have to be filed.
R. Application (Rule 20 (1)):
An application for patent corresponding to International application (PCT application) has to be filed on Form 1 A.
S. Licenses of right (Sec. 86 to 88):
The Provisions relating to "licenses of right" deleted.
T. Restoration of lapsed patent (Sec. 60):
The time for filing the request for restoration of the lapsed patent has been extended from one year to eighteen months.
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sunny.kathuria@gmail.com

    
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Patent Seven Ways To Keep You From The Wolves

    





    

 
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You have an invention or an idea for an invention. The first people you may hear about - or even may contact you - are from an invention development company. They advertise on radio and TV, and in magazines that cater to the inventive mind - and even some newspapers.
Invention development companies are private and public research companies that purport to help inventors develop, patent, and promote their ideas so they can be commercially licensed or sold. While many of these organizations are legitimate, some are not.
I state my stand on the use of such companies on my website - www.gadgets-gizmos-inventions,com. But, you may want to go that way anyway to develop your patent or invention. If that?s the case, here are seven helpful tips for you to make smart patent and invention development decisions:
?1. Learn About the Patent Process.
?When you understand the basics of how to get a patent, you will know when invention marketers are making promises they, or the patent system, can't deliver. Knowing the steps to do a patent search, and what is required, as well as knowing what happens in the patenting process can only help you in making the right decision. You will have a better idea about whether the company you are talking to knows what they are doing for you - and not just their pocketbook.??2. Do Your Homework.
?Check the organization's references, ask for credentials, and then check them. Ask them for statistics on how many successes they have had compared to how many total clients. They are required by law to offer you this type of information. In fact, the American Inventors Protection Act of 1999 gives you the following rights when dealing with invention promoters.
Before an invention promoter can enter into a contract with you, it must disclose the following information about its business practices during the past five years:
? how many inventions it has evaluated,
? how many of those inventions got positive or negative evaluations,
? its total number of customers,
? how many of those customers received a net profit from the promoter's services, and
? how many of those customers have licensed their inventions due to the promoter's services.
This information can help you determine whether the promoter has been selective in deciding which inventions it promotes, and how successful the promoter has been. Ask for names of ?successful? clients, and talk to them.
Invention promoters also must give you the names and addresses of all invention promotion companies they have been affiliated with over the past 10 years.
This information can help to determine whether the company you're considering doing business with has been subject to complaints or legal action.
You can call the U.S. Patent and Trademark Office (USPTO) at 1-866-767-3848, and the Better Business Bureau, the consumer protection agency, and the Attorney General in your state or city, and in the state or city where the company is headquartered to check them out.??3. Be Realistic.
?Not every invention is patentable. Know that very few ideas - even the good ones - become commercially successful. Be wary of any developer willing to promote virtually any invention. If you are presented with the phrase - "We think your idea has great market potential" - beware, and take it for what it is - in a lot of cases, just a sales pitch. ??4. Know Where Your Money Is Going.
?Ask the organization how your money will be spent. Be on guard against large up-front fees and find out exactly how the money is spent. If the company gives you something like - "Our company has evaluated your idea, and now wants to prepare a more in-depth research report. It'll be several hundred dollars" - ask them if the idea is good enough for more research why don?t they foot the bill. ??5. Protect Your Rights.
DO NOT disclose your invention to a developer over the phone (or at any time) before first having them sign a confidentiality agreement. You could forfeit valuable patent rights. A sample confidentiality agreement is available on my website. ??6. Track Your Invention's Progress.
?If you decide to use an invention development organization, deal directly with the agent or patent attorney who will be handling your patent application. A lot of these type of firms outsource the work which is not good for you.
Many invention promotion firms also may claim to perform patent searches on your idea. Fraudulent invention promotion firms usually do patent searches that are are incomplete, conducted in the wrong category, or unaccompanied by a legal opinion on the results of the search from a registered patent attorney.
Because unscrupulous firms promote virtually any idea or invention without regard to its patentability - they may go ahead and market an idea for which someone already has a valid, unexpired patent. In that case, you may be the one subjected to a patent infringement lawsuit - even if the promotional efforts on your invention are successful. Most probably, the way the infringement suit is attracted is through a successful product.??7. Don't Get Discouraged! ??The patent process can be very complicated, s o you will probably need professional help. There are many good patent agents and attorneys that can help you. The U.S. Patent and Trademark Office maintains a nationwide register of attorneys and agents who meet the legal, scientific and technical requirements of the office.
The first step should be a patent search done by a reputable searcher. Your patent attorney can help with this, and should review the search for a package price, depending on the complexity of the invention.
Hang in there. It is a long and complicated process. But if your idea passes the initial search test and evaluation, there is a good chance you can receive a patent - in two or so years.
For information on registered patent attorney and agents, you may visit the USPTO's Office of Enrollment and Discipline Web site at http://www.uspto.gov/go/oed.
© 2006 Gary Cogley

About The Author

Gary J. Cogley, JD, after being a musician, a TV Producer/Director/Writer, and an entertainment and IP attorney, now writes about all kinds of gadgets, gizmos and inventions. He also gives tips and info on patents, and scams to watch out for. Get info at: http://www.gadgets-gizmos-inventions.com

    
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Patent Filing India

    





    

 
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Patent Act 1970
What is Patentable?
Any Invention which is not obvious and is novel and not previously published in any country.
Any new and useful:
art, process, or method of manufacture;
Machine apparatus or other article;
Substance produced by manufacture.
What is Not Patentable?
1. Inventions contrary to law, morality and public health;
2. Which is Frivolous or claims which is obviously contrary to well established natural laws;
3. Mere new use or mere discovery of new property or new use of known substance or property;
4. Mere admixture resulting only in aggregation of properties;
5. Mere arrangement and rearrangement of known integers functioning independently;
6. Method for agriculture/horticulture;
7. Process for treatment on human beings, plants or animals.
8. A presentation of information;
9. A mathematical or business method or a computer program per se or algorithms.
Filing Requirements for Patent Application
1. Specification (Provisional or complete), Claims and Drawings; Name, address and nationality of the applicant;
2. Name, address and nationality of the inventor(s);
3. Details of the basic application in case any priority is claimed;
4. Authority/Power of Attorney.
Various Stages up to Grant
1. Examination - Patent applications are now not examined automatically. One has to file a request for examination within the period of 48 months from the date of the application.;
2. Grant of Patent in case there is no opposition.
Opposition to Grant
Opposition may be filed by any interested person within 4 months of notification of acceptance in the Gazette
Term of Patent
Patent is granted for the period of 20 years from the date of application.
Revocation of a Patent
Validity of a patent granted under the Act, may be challenged only in a High Court in revocation proceedings Under Section 64. The revocation petition cannot be filed before the Controller of Patents.
Rectification of Register of Patent
1. An application for the rectification of patent can be filed by any person aggrieved, before the Appellate Board on any one or more of the following grounds:
2. On account of absence or omission from the register of any entry; or
3. On account of any entry made in the register without sufficient cause; or
4. On account of any entry wrongly remaining on the register; or
5. On account of any error or defect in any entry in the register.
Infringement Action
Unauthorized making, using, selling or distributing of a patented product/process amounts to an infringement. Action against infringement may be instituted in a District Court or High Court having jurisdiction. Criminal action does not lie unlike in Trade marks and Copyright. In case of any infringement of pending patent, no action can be taken unless the complete specification has been advertised as accepted.
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Overdue Library Books Can Hurt Your Credit Score

    





    

 
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As municipal governments increase efforts to collect unpaid parking tickets, dog-catcher fines, library fines and the like, some consumers are seeing a surprising impact?a radical drop in their credit scores.
To each individual consumer, the fines in question may be very small and collection actions may seem petty and unnecessary. For many cities, however, these unpaid fines and fees add up to millions of dollars a year. Those dollars can be collected with little investment by the cities if they?re turned over to private collection agencies.
Private agencies typically charge a percentage of the balance actually collected, so there?s no risk to the government. The risk to consumers who don?t make those payments in a timely manner, however, is significant. That?s because collection agencies report delinquencies to the three major credit reporting agencies. A single collection item can drop your credit score as much as 100 points. Many consumers don?t know that charges like this can affect their credit.
While not all municipalities use private collection firms, the trend is increasing across the country. As government collection activity rises, so does the number of consumers surprised to discover that they?re paying higher interest rates?or being turned down altogether?because the kids lost a library book or they neglected to renew Rover?s license.
If such charges are already appearing on your credit report, you may be able to negotiate their removal in exchange for payment. Getting items removed from your credit report can be a long and stressful process, though, and there?s no guarantee that you?ll be successful. The best defense is to be aware of the risks and make sure you pay those parking tickets on time.

About The Author

Tiffany Sanders is an attorney who has published two books. Her articles have appeared in numerous newspapers, magazines, newsletters, and web resources in the United States and Australia. She writes bankruptcy law news and articles for www.TotalBankruptcy.com, where sponsoring attorneys provide extensive consumer information and resources related to bankruptcy filing and rebuilding credit after bankruptcy.
(C) 2006, Total Bankruptcy, Inc. This article may be reproduced in its entirety without limitation and without notice, except that any reproduction must include the entire article, which may not be modified in any way, and must include the author bio information contained herein, including the URL and, if published online, a live link to the URL included therein.

    
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