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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