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Origiin IP Solutions > Blog (Page 2)

Innovation and Patent Protection for Startups

INNOVATION AND PATENT PROTECTION FOR STARTUPS A Startup is a budding company with a business model to solve a societal problem and offers innovative product or service for the same. An important way of value addition for the startup is obtaining IPR in the form of patents, trademark, design, copyright and the like. This helps the startup in identifying investors and convincing them to invest in the innovation, generating revenue by licencing the IPR, developing R&D partnership and increasing the market value of their products and technologies. The Government of India launched “startup India Action Plan” in Jan 2016 that gives a...

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Calculating Patent renewal fee in India

Rule 80: Renewal fees under section 53 To keep a patent in force, the renewal fees specified in the First Schedule shall be payable at the expiration of the second year from the date of the patent or of any succeeding year. The fee shall be remitted to the patent office before the expiration of the second or the succeeding year (Rule 80, Indian Patents Act 1970). The period for payment of renewal fees may be extended to such period not being more than 6 months if the request for such extension of time is made in Form-4 with the fee...

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Compulsory License: A lifeline from Patent to Patient

Patents of pharmaceutical products provide a limited term of protection and prevent the generic companies to access the patented drugs without authorization. However, this monopoly should not prevent the reasonable access to the patented products and to address the health issues of the public. The exception to this monopoly is provided by the ‘Compulsory License’ under the Patent Act, which allows the generic manufacturers to use or manufacture the patented drug upon fulfillment of certain conditions. The concept of Compulsory license is provided by many countries and under The Paris Convention 1883, which provides that each contracting State may take legislative...

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Copyright Registration: Is It Necessary?

A copyright is a form of intellectual property which protects original works of authorship such as literary (books, periodicals, computer programmes, tables and compilations including computer and databases), dramatic, musical (songs and graphical notation of the same), artistic, cinematographic and sound recording. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work. The history of copyright law starts with early privileges and monopolies granted to printers of books. The British Statute of...

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Steps to file a patent application in India

Timeline for patent publication in India   Once the patent application is drafted and filed at the Indian Patent Office (IPO), it takes 18 months from the filing date/ priority date for the application to be published in the patent gazette.   However, one is not required to wait for 18 months to proceed with commercialization of the invention. The task of commercialization can be taken up once the patent application is filed at the Indian Patent Office.   Important considerations before filing for a patent Prior art search: A prior art search or patentability search is one of the crucial steps to be...

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Copyright Infringement & Substantial similarity By Rajitha TR

By Rajitha TR Copyright law comprises legal principles and rules envisaging the protection of those who produced intellectual works in the field of literature, music and fine arts including photographs, films and performance of artists. The principle objective of Copyright law is to protect the author’s original work from being reproduced in an un-lawful manner. Copyright infringement is violation of exclusive rights of the copyright holder, the unauthorized or prohibited use of works under copyright such as the right to reproduce or perform the copyrighted work, or to make derivative works. To establish copyright infringement in court of law, a copyright owner...

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Filling a Trademark under Madrid Protocol in India

Introduction The Madrid Protocol provides a platform to the trademark owner to seek registration in the countries that have joined the Madrid Protocol, by filing a single application (currently, over 90 countries are members of this treaty). The alternative way to seek registration is to file an individual application in each country,  this onerous and expensive process has been mitigated to a large extent after India become a member of the Madrid Protocol. Many other countries are now planning to join this treaty in the coming future. Madrid Protocol is administered by the International Bureau of the World Intellectual Property Organization (WIPO) located...

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Seeking Foreign filing Application in India

The inventor can hire an attorney so that he can try to get the registration done in his best possible way from the Indian Patent Office. Prerequisite for foreign filing- An inventor has be a resident of India. Under following circumstanced foreign Filing permission can be availed: When the inventor does not wish to make a prior patent filing in India and seeks to directly file patent application in foreign countries. When the inventor has filed a patent application in India and before the expiry of six weeks seeks to file a foreign application. When no direction is given under sub-section (1)...

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Strategic importance of Intellectual Property in Mergers and Acquisitions

Did you know that Volkswagen purchased Rolls Royce Motor Company without realizing that they did not own Rolls Royce name and its trademark, and that name and trademark was owned by BMW, a direct competitor to Volkswagen? Seems incredulous, but this did happen, and VW purchased all rights to manufacture Rolls Royce car along with the Rolls Royce factory and staff in Crewe, UK but did not have any rights to brand it with the same name. Neither they had any engines for its car as BMW was producing engines for Rolls Royce. Rolls Royce factory in Crewe was manufacturing...

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Labeling product as “Patent Pending”

From the date of filing of patent application to the grant is a long procedure and often disappoints the inventor for the reason that grant of patent is going to take long time and securing patent of his interest becomes a great worry till then. However, when a patent application is filed (provisional or complete specification), patent office issues a receipt on which date of filing or priority date is stated. It is worth noting that from that date, the product for which patent has been applied for  or product made by a process for which patent has been applied for...

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