Compulsory Licence for Patents in India

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California Business Law Attorney’s Guide to Making Money in the Future - Patents
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This article examines current ideas of how to make money in these trying financial conditions. The article offers a warning not to be tricked into some of the schemes for making money you see on television and it suggests that if you are a creative person, one of the best ways to make money may still be to obtain a patent on your inventions and designs.

A Guide to Think an Idea for Patent
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This is the article give the ways to think for new ideas for getting Patent. This article describes the better ways for creative thinking and explains the techniques to think for a new idea can be patented.

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Quick divorce can prove useful to a couple whose marriage has broken down irreversibly. Getting online divorce services would further modify the process. Ultimately, it is up to the husband and wife to select wisely and live happily.

Art of Understanding the Patent for Non-patentees
By: Muthu Senthil Kumar M | 22/09/2008
This article explains about the ways and techniques to understand and gets knowledge about the Patent or Patent application to the individual other then the Patent related professionals. This article describes the techniques to read/understand the Patent for those who are not familiar with patents and patent law. It describes the particulars of the patent, how to analyze and how to grasp the real invention from the patent.

Patent Application for Pediatric Anti-aids Drug Nevirapine Rejected
By: sudhiraswal | 17/09/2008
Patent office of India located at New Delhi rejected a patent application by German drug major Boehringer Ingelheim claiming syrup form of anti-AIDS drug nevirapine. The base salt i.e. Nevirapine was invented in 1989 by Boehringer Ingelheim and was not patented in India. Later on Boehringer Ingelheim filed an application for registration of syrup form of anti-AIDS drug nevirapine. After publication of application in the Indian Patent Journal the Indian Network of People Living with HIV/AIDS

Challenge to a Provision Accrued Before it is Repealed is Maintainable if the Repealing Act is Silent
By: sudhiraswal | 17/09/2008
Recently Supreme Court of India in a landmark judgement as to interpretation of Indian Patents Act and to the maintainability of challenge to a provision after it is repealed, held that challenge to Controller’s refusal to application for Exclusive Marketing Rights of GSK is maintainable even though the Act under which EMR application could be granted was repealed on January 1, 2005

Patenting of Software- an Insight
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Software patents refer to patents that could be granted on products or processes (including methods) which include or may include software as a significant or at least necessary part of their implementation, i.e. the form in which they are put in practice (or used) to produce the effect they intend to provide.

Leveraging Through Software Patents
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Among companies with patent portfolios, it is a very common practice for one company to offer to cross-license one or more patents of its own when accused of infringing a patent belonging to another company. Through this practice, the patent assets of both companies are increased.Since software-related patent applications are often relatively expensive and time-consuming, appropriate business decisions should also be made to support such an endeavor.

More from sudhiraswal

Yahoo!’s Yodel First Sound Mark Granted in India
By: sudhiraswal | 17/09/2008 | Trademarks
Yahoo!’s yodel became the first sound mark to be granted by Indian Trade Marks Registry. As per the provision of the Indian Trade marks Act a ‘Trademark’ means a mark capable of being represented graphically and which is capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others. It also denotes the origin of goods and carries goodwill of the business in respect of which it is used.

Patent Application for Pediatric Anti-aids Drug Nevirapine Rejected
By: sudhiraswal | 17/09/2008 | Patents
Patent office of India located at New Delhi rejected a patent application by German drug major Boehringer Ingelheim claiming syrup form of anti-AIDS drug nevirapine. The base salt i.e. Nevirapine was invented in 1989 by Boehringer Ingelheim and was not patented in India. Later on Boehringer Ingelheim filed an application for registration of syrup form of anti-AIDS drug nevirapine. After publication of application in the Indian Patent Journal the Indian Network of People Living with HIV/AIDS

Supreme Court Allows Appeal of Entertainment Network (india) Ltd. “radio Mirchi” and Refers Matter Back to Copyright Board for Compulsory License
By: sudhiraswal | 17/09/2008 | Copyright
M/s Entertainment Network (India) owner of FM Radia “Radio Mirchi” Ltd filed an appeal in the Supreme Court against M/s Super Cassette Industries Ltd owner of “T-Series” brand. The matter involved interpretation of Section 31 of the Copyright Act, 1957. Supreme Court was of the opinion that the order of the Board should be set aside and the matter be remitted to the Board again for the consideration of the matter afresh on merit and on those terms appeal was allowed.

Supreme Courts Bars Challenge to “peter Scot” on Principles of Acquiescence And/ or Waiver
By: sudhiraswal | 17/09/2008 | Trademarks
Khoday Distilleries Limited (Now known as Khoday India Limited) filed an appeal against judgment and order dated 12th October, 2007 passed by a Division Bench of the High Court of Judicature at Madras in Trade Mark Second Appeal (TMSA) No. 2 of 1998 affirming the judgment and order dated 25th September, 1998 passed in T.M.A. No.3 of 1989 whereby and whereunder an appeal preferred by the appellant herein under Section 109 of the Trade and Merchandise Marks Act, 1958 arising out of an order date

Temporary Breather Against Criminal Prosecution for “lakhani” for False Lodging Complaint Under Copyright as Well as Trademark Act
By: sudhiraswal | 17/09/2008 | Intellectual Property
Lakhani Rubber Udyog Ltd. Manufactures Hawai Chappel. They are registered owners of a trademark. Lakhani Rubber Udyog Ltd. filed a complaint with the Senior Superintendent of Police, Jallandhar against M/s. Saraswati Utpadan Pvt. Ltd. alleging that they are marketing inferior goods with the label 'Lakhani' illegally and requesting action under Section 63 of the Copyright Act read with Section 78-79 of the Trade and Merchandise Marks Act, 1958. On enquiry the complaint was found to be incorrect

Challenge to a Provision Accrued Before it is Repealed is Maintainable if the Repealing Act is Silent
By: sudhiraswal | 17/09/2008 | Patents
Recently Supreme Court of India in a landmark judgement as to interpretation of Indian Patents Act and to the maintainability of challenge to a provision after it is repealed, held that challenge to Controller’s refusal to application for Exclusive Marketing Rights of GSK is maintainable even though the Act under which EMR application could be granted was repealed on January 1, 2005

Interpretation of Obviousness
By: sudhiraswal | 29/06/2008 | Patents
Broadly 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.

Trademark Law India
By: sudhiraswal | 29/06/2008 | Trademarks
Indian Trademark Law has been codified in conformity with the International Trademark Law and is about to undergo an amendment to be at par International Trademark Law. Recently India has signed Madrid Protocol that will allow Foreign Applicants to file an International Application designating India like many countries around the globe e.g China. Though unlike China and many other countries Multi class filing is allowed in India.