Publish Your Patent Application? … Or Not
Posted on April 21, 2008 - Filed Under Legal and Law | Leave a Comment
Infringement and Provisional Damages
There is no action for infringement of your patent until it actually issues. However, through publication of your application, it may be possible to obtain provisional damages for the time between publication of the application and the issuance of the patent. Once your patent issues, infringement can give rise to treble damages and an award of attorney fees. During the phase from publication to issuance, only reasonable royalty damages can be awarded. Furthermore, a claim must survive and be substantially identical from publication to the issued patent.
Read More..>>After Ksr - Stronger Patents Or Just Harder To Get?
Posted on April 20, 2008 - Filed Under Legal and Law | Leave a Comment
A recent United States Supreme Court ruling is causing quite a stir in intellectual property circles. The case is KSR Int’l Co. v. Teleflex Inc., et al., 127 S. Ct. 1727 (2007).
Background
To obtain a patent, the invention must be useful, novel and non-obvious. See Patents. The first of these, utility, is present for nearly every invention. The second, novelty, generally requires that the invention claimed is not disclosed in full in a single reference (patents, published applications or any published document anywhere in the World), and the third, non-obviousness, generally requires that the invention as claimed is not fully disclosed in a combination of references. Previously, to reject a patent for obviousness though a combination of references required some suggestion or motivation in the references themselves (excluding the subject patent application) that would lead one skilled in the pertinent art to make the combination of their teachings.
Read More..>>Brief Overview Of U.s. Patents
Posted on April 20, 2008 - Filed Under Legal and Law | Leave a Comment
There are three different types of patents:
1. Utility Patent – a structure or apparatus that is new and useful (has “utility”). This type of patent covers function and can include machinery and medicine, and the patent protection lasts for 20 years.
2. Plant Patent – a newly discovered asexually reproduced new variety of plant. For example, a new type of rose can be patented, and the patent protection lasts for 20 years.
3. Design Patent – a new, original, ornamental design for a manufactured item. This patent covers the way an item looks, and the patent protection lasts for 14 years.
Read More..>>Trademarks - Important Things You Need To Know
Posted on April 13, 2008 - Filed Under Legal and Law | Leave a Comment
At the outset, it becomes important to know what a trademark is. Take a scenario where you have designed a particular product. How do you let competitors and everyone else know that the product is your design and belongs to you? How do you prevent others from copying your idea and ensuring that they do not make their millions on your brainwave? A simple way is to use a trademark.
Read More..>>Patent Protection For Pharmaceutical Products
Posted on April 8, 2008 - Filed Under Legal and Law | Leave a Comment
Patents grant exclusive rights to the inventor for a fixed period. The inventor has effective market monopoly or exclusivity on the product for the period. This enables the pharmaceutical companies to charge high prices for their patented product based on what the individual market can bear without fear of competition. R&D is severely crippled by the fear of encroaching on the patent rights during research so competition is almost non– existent during the life of the patent.
Read More..>>How To Obtain A Patent
Posted on April 8, 2008 - Filed Under Legal and Law | Leave a Comment
If you’re a budding Thomas Edison, then you will be well aware of the importance of knowing how to obtain a patent for the invention that will make you millions.
A patent will give you full property rights to your invention. Basically this means that you will have full control of the invention, excluding anyone else from using or marketing your designs. Clearly it is a crucial step that must be done correctly.
Patents are issued by Patents and Trademark Office and come in three categories:
1. Plant patent
For those who discover a new variety of plant.
Read More..>>India Patents (amendment) Rules 2006 Notified
Posted on April 5, 2008 - Filed Under Legal and Law | Leave a Comment
The Government of India has notified Patents (Amendment) Rules 2006 with effect from 5 May 2006. The Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, has issued a Notification dated May 5, 2006, published in the Gazette of India.
The Rules, necessitated by the third amendment to the Patents Act, are major steps towards developing a comprehensible intellectual property rights regime in India. It simplifies patent filing, examination, search and grant procedures, and establish time-bound pre-grant and post-grant opposition procedures. This step follows introduction of product patents in line with India’s commitment to the World Trade Organisation(WTO).
Read More..>>Patent, Trademark And Copyright - The Differences
Posted on April 3, 2008 - Filed Under Legal and Law | Leave a Comment
Patent, trademark, copyright - we hear these three terms very frequently. Many don’t know that there is a distinct difference between filing for a patent and filing for a trademark. Same with copyright.
Let us analyze the differences between a patent, trademark and a copyright.
Patent
When can you file for a patent? If you have a novel and un-obvious invention, or a novel and un-obvious improvement to an existing invention, you can file for a patent. A patent can be of different types. To see the different types of patents, see our previous article here: Different types of patents.
Read More..>>Fundamental Of Patent Document - Must Know
Posted on April 2, 2008 - Filed Under Legal and Law | Leave a Comment
A patent is a right granted to an individual or group (such as a company) which permits the grantee the knack to avoid others from making, using, or selling the invention, for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and useful or industrially applicable.
Patents by their techno-legal nature are written in a specific format, thus enabling it difficult to read and understand by a lay man. The focus of this paper is to provide very basic information of a patent document, so that a lay man can easily understand a patent.
Read More..>>Patent Laws Defined, Part I
Posted on March 29, 2008 - Filed Under Legal and Law | Leave a Comment
This article will break down some of the laws that a patent carries.
An Overview of Patent Laws
These laws are difficult for a non-lawyer to understand, but not impossible.
The patent laws administered by the Patent and Trademark Office are contained within Title 35 of the United States Code. The USPTO oversee the laws dedicated to patents. Title 35 of the United States Code is further divided into four parts:
• Title 35 - Part I – provides details on information pertaining to the Patent and Trademark Office, and its role in granting patents.
Read More..>> keep looking »