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Compulsory Licence for Patents in IndiaPatents are granted to encourage the inventors to disclose their inventions and also to grant them monopolistic right to exploit the invention. The objective of Patent Grant in India is to ensure that the inventions are worked in India on a commercial scale and to the fullest extent without any undue delay. Interpretation of ObviousnessBroadly the interpretation of obviousness or lack on inventive step is similar, the only difference in approach of the particular Patent office. To interpret the doctrine of obviousness it is necessary to first understand the objective of grant of Patent. The Doctrine of Obviousness in India.Obviousness is a noun, derived from word obvious meaning easily seen, recognised or understood. The word obvious has originated from the Latin word “obvius” meaning “in the way”.Since the 1970 Act and till date the interpretation of obviousness in India has undergone a sea change. Software Patents in IndiaIndia like European Union does not allow patents for inventions related to software. Patented Drugs- No Marketing Approvals to Generic CompaniesThe Government of India is finalising a system that will prevent generic manufactures from getting marketing approval to sell patented drugs in India. As a result the generic companies may no longer get market approval for launching generic versions of drugs in respect of which a Patent Grant is in force in India. Pct Filing in IndiaAll PCT Applications designating India are considered as Indian Patent Applications filed on the date of the International Application. The period for entering into national phase is 31 months from the priority date. The article informs about the various documentions and deadlines to be followed before and after filing an applicaiton in India. New Draft Manual of Patent Practice and Procedurepatent Office, India (2008)Recently the Indian Patent Office has published a New Draft Manual Of Patent Practice And Procedure - Patent Office, India (2008) relating to the Patent Practice to be followed by the Indian Patent office. For the first time the actual practice followed by the Indian patent office has been reduced to writing and perhaps would be followed in letter and spirit unlike the previous one. Defenses to Patent InfringementIf you are involved in a patent infringement lawsuit or are considering one yourself, it's important to have an experienced patent infringement lawyer on your side. Patent Infringement - Who Can Be Sued?By law, any person who makes, uses, offers or sells something that is protected by a current patent, or who imports into the United States anything that is protected by a current patent, is guilty of patent infringement. Protect Your Business from Patent InfringementIf you work for yourself the best way to protect yourself from patent infringement is to hire a patent infringement attorney. Knockoffs and the Right StuffKenneth Ragpala shares his views on faking the good stuff and robbing the originals their money. Also some political issues are discussed.
A Brief Overview on the Israeli Patent PracticeIsrael’s legal system, particularly comprising Intellectual Property laws, has an excellent reputation. The article describes some aspects of the Israeli patent practice.
Genetic Patent Law and StrategyThe evolution of genetic science promises the power to transform humanity. While the geneticists offer to cure the world of all its problems, the commons view the field with caution because of its interface with life. Though the benefits offered by the field seem to be unlimited, genetics as field is nascent and uncertain. The ambiguities inherent in the field pose challenges for application of the traditional patent principles to genetic inventions.
United Kingdom: Theory Into Action: Calculating Damages Payments and Accounts of Profits in Patent CasesIt is all well and good to be encouraged to apply and obtain for patent protection. The main remedies for patent infringement are a narrow injunction to prevent future instances of the infringement, and either damages or an account of profits. In this article, we examine the measure of monetary compensation that may be awarded by these damages and accounts of profits and the factors taken into account in their calculation. Patenting System - a Historic PerspectiveNews items flooding from our daily information sources on patents, company law suits, intellectual property rights, and the like would make one believe that the system of patenting is quite young. On the contrary, history of patenting dates back to more than five hundred years.
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