In order to meet the obligations under WTO and TRIPS; the Indian Patents Act, 1970 has been amended vide the Patents (Amendment) Act, 2002. Accordingly, on May 20, 2004, the Government of India has also notified Patent Rules, 2003 under the new amended patent act. The new amendments in the Patent Act brought about have been with respect to definition of invention, deferred examination of application, term of the patent and mandatory filing in India.
Our relationships with IP attorneys in India and in many other countries makes us uniquely capable of helping our clients protect, enforce, and commercialise their intellectual property in virtually all industrialized countries throughout the world. Patentable ideas sometimes are conceived by accident. Others are composed out of necessity. Patented ideas are granted everyday that come from such diverse origins as Individual inventors to teams working for large, international corporations. Some are calculated by corporate designers or professional inventors. However, many others are merely passed down through family connections. The inventor(s), assignee(s), legal representative(s) of deceased inventor or assignee may make the application, either solely or jointly. Briefly, ideas often translate into patents. And once an invention becomes patent pending through the filing of a patent application, the inventor is on the road to a potentially lucrative endeavour that is most likely unique and can become legally protected and enforceable. In India, the patent system follows the First-to-File principle. This means the right to obtain a patent lies with the first person to file the application. It is advisable therefore to file the application as early as possible and to file before making any non-confidential disclosures.
The Firm as being comparable to Patent Law Firm offers a full range of patent services:
- strategic counseling and portfolio development;
- transactions and licensing;
- appeals, and
- prosecution and opinions.
Do you have an idea to patent?
- Can the idea be patented?
- What kind of patent do you need?
- What can you do to protect your rights while waiting for your patent?
Methods of doing business such as online business methods, online social networks, stock analysis methods and new systems and methods for manufacturing are just a few examples of ideas that have fallen under the rubric of "invention." Unique and non-obvious modifications to existing inventions may also be patented. For an idea to be termed an invention, one must have an idea and then reduce it to practice. In other words, an inventor must be capable of explaining how the idea will be reproducibly applied in a real world. For instance, if an inventor conceives of a machine that can instantly transport a person from Delhi to Mumbai, he or she has a great idea! But if the inventor actually knows how to build such a machine, he has a great invention. An idea needs to be more than just abstract to be an invention. Lastly, inventors do not need to build a model or prototype of an invention to make sure that it actually works. They only must be able to describe how the idea will be embodied or practiced. Most commonly, an inventor writes down an idea and draws pictures or flow charts of how the idea will look or be practiced, which may not be necessary.
Under the Indian legal framework patents will generally not be granted for the following types of inventions.
- Frivolous or obvious inventions,
- Mere discovery of any new property or mere new use for known substance or the mere use of a known process, machine or apparatus- unless it results in new products or employs one new reactant,
- Mere discovery of the scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature,
- Mere arrangement / rearrangement or duplication of known devices functioning independently,
- Producing a new substance by mere admixtures of substances,
- Method of agriculture and horticulture,
- Any process for the medicinal or surgical, curative prophylactic, diagnostic, therapeutic or other treatment of human beings, animals to render them free of disease or to increase their or their products� economic value,
- The biological processes for production or propagation of plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species,
- A mathematical or business method, algorithm or software per se,
- Aesthetic creations including cinematography and television production,
- Mental methods or teaching or games and sports techniques,
- Presentation of information,
- Inventions which are contrary to law or morality or injurious to human, animal or plant life and health or to the environment,
- Inventions relating to Atomic Energy,
- Invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known components, and
- Topography of Integrated Circuits
The Firm is rapidly being regarded as the best patent law firm India and extends to its clients the benefits of global experience and familiarity with local courts and practice, which enables us to present complex technology issues in a form that the competent authorities / judges can understand.
With strict confidentiality, Legaleye Associates endeavours to guide people ranging from solo inventors to corporations around the world in determining whether their ideas have become patentable inventions and taking steps in furtherance thereof.