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Get Patents & Reap Benefits

October 12th, 2011


Today, we are living in the age of info technology &amp spreading our wings to each aspect of the society. We exchange our data (ideas, strategies, procedure, and item) to a target group but we in no way come to know this issue that a person is also targeting our data. So we are much prone to unintentionally leakage of our precious ideas as our details passes via distinct portals.

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It is the human tendency to share their innovative thoughts with their near &amp dear ones but that proves fatal, in most of the cases, in respect of the that original creation or your property i.e. intellectual property (IP).Most of the people acts indiscreetly &amp ignorantly which outcomes in jeopardizing the opportunity of saving their intellectual property i.e. novelty of ideas as they comes under public domain &amp lose their chance to be protected by the INELLECTUAL PROPERTY RIGHTS.

Intellectual property literally indicates some academic or scholar function. Intellectual property (IP) pertains to any scholar or any original creation of the human intellect that function can be artistic, literary, technical or scientific creation.

Intellectual property rights mean those rights which are given by the State to the inventor or creator to safeguard one’s invention or creation for a particular period of time.

Require for intellectual property rights:-

For individual: – IP assists to protect investment of time, money, effort &amp such other resources of the inventor or creator.

For public:-IP gives a pool of data to the general public because all forms of IP are published in journals &amp magazines except in case of trade secrets.

For country:-IP supplies a mechanism of handling infringement, piracy and unauthorized use &amp it encourages industrial development &amp technological advancement which leads to overall economic development of the country.

Bundle of rights:-

IPR are bundle of rights i.e. it consists of the a variety of independent rights. Following are the various independent rights for which IPR collectively provides protection:

1.Patent Correct(Patent Act,1971 &amp Patent Rules,2000)

2.Industrial Style(Design Act,)

3.Trademarks (Trademarks Act)

4.Copyright(Copyrights Act)

five.Geographical Indication(Geographical Indication Of Goods Act)

6.Trade secrets(Widespread Law)

7.Circuit Layout Design(Semiconductor Layout Design Act)

India at International level:-

• The truth that India is a member state of World Intellectual Property Organization (WIPO), an international organization, responsible for the promotion of the protection of intellectual property throughout the world proves that India has proved its potential &amp has been acknowledged at international level.

We are here concerned with Patent Law A patent is an exclusive proper granted to inventor or creator of a beneficial or improved write-up or a new procedure of producing an post for a specified period of time. After the expiry of the duration the invention becomes part of public domain i.e. everybody can use it. So Patent means monopoly rights of inventor in respect of an invention.

Geographical limits of the patent:-

Patent is granted for a distinct invention in a particular country in which an application is produced for the same trigger. There is no international patent as such although it has acquired an international character. For e.g. a patent granted in India is valid only for India and not in the USA. Even so, a patent granted in the EPO is valid in all the contracting states recognized by European Patent Organization. The protection so granted in a country / region not only identifies the rights of the creator/ inventor or his assignees, but also enables the appropriate holder to enforce his rights against infringers.

Moreover, a number of international agreements, treaties &amp conventions exist to monitor that the inventor/creator are not denied of his/her rights like European Economic Community Treaty(EEC),Patent co-operation Treaty(PCT),European Patent Conventions and Protocols(EPC),Community Patent Convention and Protocols(CPC) resulting in a frequent patent office for granting widespread patents applicable to the member countries.

What can be patented?

Only inventions can be patented.Sec.2 (1) (j) defines invention as an invention indicates a new product or a new process involving an inventive step &amp capable of industrial application. Invention consists of within its scope any new &amp beneficial improvements of any manner of manufacture, article or substance no matter whether patented or not but such improvement need to qualify independently to satisfy the pre-requisites of the patent i.e. novelty, inventive step &amp capable of industrial application.

Who may possibly apply for patent?

An application for a patent might be made by inventor, either alone or jointly with an additional, or his/their assignee, legal representative of deceased inventor or assignee are entitled to apply. For e.g. If a person invents a new item or procedure &amp unfortunately soon soon after that he dies then his legal heirs can or any individual authorized by him before his death can apply for patent.

Term &amp date of patent:-

Term of every single patent will be from 20 years from the date of filling of patent application &amp date of patent is the date on which the application for patent is filed, irrespective of the truth no matter whether it is filed with provisional or complete application. To maintain the patent in force renewal fee is to be paid each and every year. The 1st renewal fee is payable for the third year of the patent’s life &amp must be paid before the patent’s second anniversary. Term of patent can’t be extended beyond the specified term of patent.

Where a patent application should be filed?

The Indian Patent Office has its head office at Kolkata, which has 3 branch offices situated at Mumbai, Chennai and Delhi. The Controller General heads the Patent Office and each branch has a Controller as its head. In case of an Indian applicant, the patent application must be filed at the patent office under whose jurisdiction the applicant’s has his location of work, or location of residence or location where he conduct enterprise from.

For e.g. if an applicant provides a Chandigarh based address, the application need to be filed at the Delhi Patent Office. In case of foreign applicant/s, the jurisdiction in which the patent application is filed would be based on the address for services of the applicant’s agent. For e.g. if the address for services for foreign applicant is based at Bangalore, the patent application ought to be filed at the Chennai Patent Office.

What are the rights given to the patentee?

The patentee (i.e. an applicant who has been granted a patent) has the exclusive right to stop unauthorized third parties from producing, using, offering for sale, selling or importing the patented product or method in India.

Patent information centre:-

Patent Data Centre (PIC) has been set up in 20 states &amp is further expanding in other states. Patent info centre provides info regarding the techniqulities &amp procedure laid down by the government to get a patent. 1 can get all the info regarding the filing of the patent application &amp further process up till the patent is not granted. The centre provides general precaution for the applicant just before &amp after applying for a patent. The most typical mistake which an applicant usually does is to publish their invention in newspaper or scientific &amp technical journals, just before applying for patents. Publication of an invention, even by the inventor himself, would (except under specific rare circumstances) constitute a bar for the subsequent patenting of it. Similarly, the use of the invention in public, or the commercial use of the invention in public or even in secrecy, prior to the date of the patent would be a fatal objection to the grant of the patent. Even so the secret working of the invention by way of reasonable trial or experiment, or the disclosure of the invention to other confidentially may not result into loss of novelty.

Another mistake, which is often created by the inventors, is to wait until their inventions are fully developed for commercial working, just before applying for the patents. Delay in creating application for a patent entails particular risks. so it is advisable to apply for the patent as soon as one’s invention get a physical appearance with three-D drawings sheets depicting the whole model.

Incentives for obtaining patents:-

An innovative business can gain competitive advantage in the market if it develops the needed expertise and abilities in developing and manufacturing new goods, which are patented. For example, the advantage of a 3 year excise duty exemption or exemption from Drugs Cost Control Order may possibly translate into reserves / income which may possibly offset the cost towards R&ampD. In order to promote R&ampD and innovation in Indian industries, Government of India supplies a number of fiscal incentives and support measures to industries. Some of them are following:-

• Excise duty waiver on the patented write-up for a period of three years from the date of commencement of commercial production supplied that such merchandise be designed &ampdeveloped by wholly owned Indian companies.

• Exemption from drug price control for a period of five years from the date of commencement of commercial production provided that they are produced from the fundamental stage by a procedure of manufacture developed by the unit via its own R&ampD efforts.

• Weighted tax deduction @ 150% on R&ampD expenditure is obtainable to firms engaged in the business of biotechnology, or the business of manufacture or production of drugs, pharmaceuticals, electronic equipment, computers, telecommunication equipment, chemicals and manufacture of aircraft and helicopters. The expenditure on scientific analysis in relation to drugs and pharmaceuticals shall contain expenditure incurred on clinical trials of drugs, obtaining approval from the regulatory authority under any Central, State or provincial Act and the filing of a patent application in India.

• Depreciation allowance at a greater rate is offered in respect of plant and machinery installed for manufacturing goods based on indigenous technologies developed in recognized in-home R&ampD units, Government R&ampD institutions, national laboratories and Scientific and Industrial Organizations (SIRO). The present rate of depreciation for plant and machinery is 40% as against 25% for other plants and machinery.

• Income tax exemption:-Under Section 35(1)(i) of the Income Tax Act 1961, the revenue expenditure on scientific analysis, by recognized R&ampD units, on activities related to the organization of the organization is allowed full deduction. Under Section 35(1)(iv) expenses of capital nature could be deducted totally from the income of the year in which the expenses have been incurred. Section 35(2AA) of the IT Act 1961 provides for a weighted tax deduction of 125% for expenses on sponsoring investigation programmes at National laboratories functioning under ICAR, CSIR, ICMR, DRDO, Department of Biotechnology, Department of Atomic Energy, Department of Electronics IIT and universities.

For more info locate at:-http:/Ipindia.nic.in. Or e-mail at: pisnag@nag.mah.nic.in/pisnagpur@satyam.net.in

For further inquiries e-mail writer at: – kamal_417@yahoo.com, kamdahiya@gmail.com

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