As an inventor working on an idea or invention, the first thought which is often encountered includes “Is my idea patentable”, “Can my invention be patented”, "what kind of inventions can be patented" and “Is my idea patent-eligible”. The foremost thing which you need to be aware of is that a mere idea or a concept cannot be patented. Your idea or invention should be a: new product; ornew process;            that solves a technical problem.            You must also be aware that merely a new process or a product in itself will not qualify for an invention, additionally, the invention or idea must also: involve an inventive step (i.e., must not be obvious to a person skilled in the art); andcapable of industrial applications;            Again, you may find the above terms such as ‘new product’, ‘new process’, and ‘inventive step’ may not be self-explanatory and still do…

Intellectual Property (IP) encompasses intangible assets such as patents, copyright, trademarks, industrial design, geographical indications, and trade secrets. Intellectual Property Rights are conferred to the intellectual property owners to restrict others from copying their creations. The creations could be inventions, books, music, songs, brand names or trademarks, product designs, confidential information, etc. Depending upon the type of intellectual property, protection may be conferred automatically for a few, and for others, the intellectual property owner must apply for protection in desired countries. Types of Intellectual Property (IP) Protection Types of ProtectionTypes of Intellectual PropertyAutomatic ProtectionCopyright (advisable to register) Trade Secrets (however steps should be taken to keep the information secret)To Be Applied for ProtectionPatents, Trademarks, Industrial Designs, and Geographical Indications. One Product – Multiple Intellectual Property Rights Depending upon the subject matter involved, a product includes multiple intellectual property rights i.e., a product can have underlying intellectual property right protection under…

Before we answer this question, it is important to first understand what intellectual property or IP is. IP refers to intangible assets created by human intellect. e.g. copyright on any story, trademark for a logo, design for the shape of a bottle, etc. Similarly, patent is also a type of IP granted for an invention which fulfills the statutory requirements. By way of this IP, you basically get some rights. Now coming back to patents, shorn of its statutory intricacies and procedural niceties, a patent most simply put is a right bestowed on a person, by which he can prevent others from using his invention without his consent. The key word above is invention. Not every product or process you develop qualifies to be an invention. It has to be ‘novel’. It also shouldn’t be very obvious. To make things more confounding, some things aren’t patentable at all, no matter…

The Hon'ble Madras High Court holds that the bar on the Controller of Patents to extend the time prescribed for replying to the First Examination Report under Rule 138 of the Patent Rules, 2003 read with sub-rule (5) of Rule 24B, beyond a period of six months, could be relaxed by the Court exercising its jurisdiction under Article 226 of the Constitution of India, if convinced that the situation warrants such condonation. PNB Vesper Life Science Pvt Ltd vs The Controller General of Patents (Madras High Court on 14th March, 2022) The Petitioner is a Research-based Bio-Pharmaceutical Organization, incorporated under the Companies Act, 1956 in the year 2011, involved in the business of developing drugs for the treatment of serious diseases. A patent Application titled ‘Novel Cholecystokini, Receptor Ligands’ was filed by the petitioner before the Patent Office at Chennai. The Patent relates to a drug used in the treatment…

Once you’ve decided to go for patent registration, the next step is to prepare the patent specification. Patent applications can be filed in India by a registered patent attorney. A Patent Attorney who is well versed with the patent filing procedure in India will help you prepare a written specification, drawings, and the necessary forms for filing your patent application in the Indian Patent Office. The attorney will help you prepare the application according to the provisions laid down in The Indian Patent Act, 1970 and The Patent Rules, 2003. Make sure that you share every piece of information related to your invention with your Patent Attorney since it is pertinent to include details regarding the working of your invention in the patent application. Types of Patent Applications The documents required for patent registration may vary depending on the type of patent application you are applying for. The application could be…