On the road from idea to
however inventing success there are
thus many pitfalls that stand thus in
the way. One of the biggest pitfalls, unfortunately, is however incomplete knowledge. There are thus a great number of things which the inventors
should know, from the importance of doing a patent search, to the need for
however confidentiality agreements, and also to how to understand when an
invention is obvious.
One big problem which
the independent inventors thus face when they choose in order to represent themselves is thus with respect
to the very real problem of admissions. Truthfully, those who are however representing themselves should thus be given patent-style. Everything which one does say can and will thus also be used against you!
However to avoid this
problem , every business must however be aware of the patent law . And the
purpose of this article however is to make the reader aware of the same.
We will first talk about as
to how are the patent rights implemented.
An invention which is
relating to a product or a process that is however new and it also involves
inventive step and are also capable of the industrial application can thus be
patented in India. However, it must also not fall into the category of the
inventions that are however non-patentable as it is thus provided under Section
3 and 4 of the (Indian) Patents
Act, 1970. In India, a patent application can thus be
filed, either alone or jointly, by the true and first inventor or his assignee.
If the grant of the patent
is thus for a product, then the patentee thus has a right in order to prevent
others from making, using, offering for sale, selling or either importing the
patented product in India. If the patent is thus for a process, then the
patentee also has the right in order to prevent others from using the process,
using the product which is however directly
obtained by the process,
offering for sale, selling or either importing the product in India which is
however directly obtained by the process.
A patent however grant the
patentee the exclusive right in order to make or use the patented article or
either to use the patented process. He can also prevent all the others from
making or either using the patented process. A patentee however also has the
right in order to assign
the patent, grant licenses
under, or thus otherwise deal with it for any kind of consideration. These
rights are however created by the statute and are also circumscribed by the
various conditions and the limitations.
For the purpose of implementation
of the patent rights , Patent infringement proceedings can thus however only be
initiated after grant of patent in India but it may however also include a
claim which is however retrospectively from the date of the publication of the
application for the purpose of grant of the patent. Infringement of a patent
therefore consists
of the unauthorized making,
importing, using, offering for sale or selling any kind of patented invention
within the India. Under the (Indian) Patents Act, 1970 thus only a civil action
can however be initiated in a Court of Law.
Further, also a suit for
the purpose of infringement can however also be defended on the various grounds
that however also includes the grounds on which a patent thus cannot be granted
in India and also be based on
such defence, revocation of
the Patent can also be claimed.
Secondly, lets talk about
the validity of patent.
There are thus three
categories of patents namely :
1. Utility patents are the
patents which are most commonly granted for the purpose of protection of the
new, useful, non-obvious and the adequately specified processes, machines,
compositions of matter, and the articles of manufacture (or any new and useful
genuine improvements thereof), for a period which is of 17 years from the date
the patent is thus actually issued by the USPTO.
2. Design patents are the
patents that issued for new, original, ornamental and the non- obvious designs
for the articles of manufacture, for a period of 14 years from the date of
issuance.
3. Plant patents which are
however (used less frequently) are thus for certain new varieties of plants
that have been asexually reproduced, are thus for a term of 17 years.
The term of a patent is
however the maximum period during which it thus can be maintained in force. It
is thus usually expressed in a number of years that are either starting from
the filing date of the patent application or it is either from the date of the
grant of the patent. In most of the patent
laws, renewal annuities or maintenance fees are required to be regularly
paid thus in order to keep
the patent in force. Otherwise the patent thus lapses before its term.
The term of a patent or the
specific claims in a patent may thus also be curtailed by the judgment of a
court, as in also where a claim or the patent is held invalid under the
relevant law, and thus is no longer enforceable.
Significant international
harmonization of the patent term which was across the national laws was however
provided in the 1990s by the implementation of the WTO Agreement on Trade-Related Aspects of
Intellectual Property Rights which was also called as the (TRIPs
Agreement). Article 33 of
the TRIPs Agreement thus provided that the
"The term of the
protection which is however available [for the patents] shall not however end
before the expiration of a period of twenty years counted from the filing
date.".
Consequently, in most of
the patent laws nowadays, the term of the patent is however 20 years from the
filing date of the application. This however also does not forbid the states
party to the WTO from thus providing, in their national law, any other type of
the patent- like rights with the shorter terms. Utility models are thus considered as an example of such
rights. Their term is thus
usually from 6 or 10 years.
However when we
particularly talk about India, the term of every kind patent which is however
granted under the Act is thus twenty years
from the date of filing.
The patents which are however in force on 20th May 2003 stood extended for the
term of 20 years. The term of the patent thus in case of an International
applications which is however filed
under the PCT, designating
India, is twenty years from the international filing date which is accorded
under the PCT.
Renewal fee is thus
required to be paid annually in order to keep the patent in force. Restoration
of the patents is however possible if it is applied within 18 months from the
date of lapse.
Last but not the least, in
order to navigate patent law, one will have to read this article further.
The small-scale inventors
and the entrepreneurs are however being
forced in order to consider
the new ways to either get a patent passed or to either go without. Here are
however three tips for the purpose of protecting the new inventions for going
forward:
1. File as soon as
possible.
Under the new first-to-
file system, it might however make more sense that the person ,files for a
patent immediately . This is because , under the new first-to- file system, it
however does not make any difference who had initially invented a new product
or a technology . The first filer is however issued to the patent. That thus
means that an inventor is however forced to file as soon as it is possible in
order to prevent someone else from filing for the same patent .
2. Keep your invention
secret.
Small businesses who
however want to protect their inventions without getting a patent might thus be
elected in order to take the trade secret route instead. The problem is however
that if the people can reverse engineer it, then one can however protect it. He thus added that it
also however helps in order to keep the secret close, between and also only a
small number of the trusted employees.
3. Get a partner.
If the person gets a
patent, he may thus need some help for paying for the legal fees in the event
the patent is thus challenged or if he needs to pursue the infringers.
This article has been contributed by Simmi Setia, Content Writer at LegalRaasta, an online portal for GST Software, GST Return Filing, GST Registration, Section 8 Company Registration, Nidhi Company Registration, IEC Registration, Fssai License, File ITR Online.
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