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!Patents

!Copyrights

!Trademarks
p

! Jhy Have One?

! Determine Jhat Is Needed

! Search For Lawyer Jith Special Expertise

! How to Select Lawyer

! One-Time Service or On-Going?

! Set-Up Comfortable Jorking Relationship

! Determine Costs Up-Front

 
! £
 THE ACT VI OF £
 ON PROTECTION OF INVENTIONS BASED ON THE BRITISH
PATENT LAJ OF £
 CERTAIN EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF
NEJ MANUFACTURERS FOR A PERIOD OF £ YEARS
! £
 THE ACT MODIFIED AS ACT XV; PATENT MONOPOLIES CALLED EXCLUSIVE
PRIVILEGES (MAKING SELLING AND USING INVENTIONS IN INDIA AND AUTHORIZING
OTHERS TO DO SO FOR £ YEARS FROM DATE OF FILING SPECIFICATION)
! £  THE PATENTS & DESIGNS PROTECTION ACT
! £  THE PROTECTION OF INVENTIONS ACT
! £  CONSOLIDATED AS THE INVENTIONS & DESIGNS ACT
! £££ THE INDIAN PATENTS & DESIGNS ACT
! £ THE PATENTS ACT (ACT  OF £
) CAME INTO FORCE ON 
TH APRIL £
! £ ON MARCH  £ PATENTS (AMENDMENT) ACT (£) CAME INTO FORCE
FROM
£-
£-£

! 

 THE PATENTS (AMENDMENT) ACT 

 CAME INTO FORCE FROM OTH MAY



! 

 THE PATENTS (AMENDMENT) ACT 

EFFECTIVE FROM Ist JANUARY 

 
! Contract Between Government & Inventor- 
Years of
Protection
! Is under the Department of Industrial Policy & Promotions
! Grants Holder Protection Of Idea
! Types
! Utility
! Design
! Business Method
! International-JTO
! Infringement
    
£) Patent & Trademark Office
) Disclosure Document- Date Of
Conception
) Application
a) Introduction
b) Description
c) Claims
    
p!""p"
£) Application form in duplicate (Form £)
) Provisional or complete specification in duplicate If the provisional specification
is filed it must be followed by the complete specification within £
months(Form )
) Drawing in duplicate (if necessary)
) Abstract of the invention in duplicate

) Information & undertaking listing the number filing date & current status of
each foreign patent application in duplicate (Form )
) Priority document (if priority date is claimed) in convention applicationwhen
directed by the Controller
) Declaration of inventor-ship where provisional specification is followed by
complete specification or in case of convention/PCT national phase application
(Form
)
) Power of attorney (if filed through Patent Agent)
) Fee (to be paid in cash/by cheque/by demand draft)
 #

India is a member of the following International Organisations
and Treaties in respect of Patents
! a) Jorld Trade Organization (JTO) with effect from
£-
£
-£

! b) Convention establishing Jorld Intellectual Property
Organisation ü

! c) Paris Convention for the protection of Industrial Property
with effect from Dec £ 
! d) Patent Co-operation Treaty (PCT) with effect from Dec
£ 
! e) Budapest Treaty with effect from £th December 

£
 
$ 
%
! Distinguishing Jord/Name/Symbol
! Benefits
‡ Notice Of Exclusive Rights
‡ Entitlement To Sue
‡ Incontestable Rights
‡ Prevent Importation Of Goods Jith Similar Mark
‡ Entitled To Use Of Notice Of Registration®
‡ Basis For Foreign Filing
 
$ 
%

 &
 

£) Completion of Jritten Form

) Drawing of Mark
) Five Specimens Showing Use
Of Mark
) Fee
  


! Prevents Others From Copying Original Jorks Of
Authorship
! Software Added To Law In £

! Registered Jith Library Of Congress

! Requirements
! Form From PTO
! Two Copies Of Jork
! Fee- Register of Copyrights
! Protection
! Author - Life +

Years
! Institution - Publication + 
Years
 


  
mBooks mMaps
mScripts mBlueprints
mArticles mCollages
mPoems mPrinted Material On
mSongs Board Games
mSculptures mData
mModels mMusic
 
$  

! Protection Against Revealing
Information

! Not Covered By Federal Law

! Confidentiality Agreement
p 

! Contract For Rights To Intellectual Property Of Others
! Property Owner Receives Royalty/Fee
! Value = Marketing Strategy To Holder Of Patent
Copyright Trademark
 p 
 

‡ Recognizable Property?
‡ Complement Product/Service
‡ Experience Jith Property
‡ Long-Term Outlook
‡ Kind Of Protection
‡ Commitment?
‡ Renewal Options/Terms
 
$ 'p#
! Consumer Product Safety Act (£)- Legal Specifications
! Identify
! Standards
! Substantial Hazards
! Dangerous Defects
! Amended (£
) ² Stricter Guidelines

$p#
! Negligence

! Jarranty

! Strict Liability

! Misrepresentation
 

! Property
! Casualty
! Life
! Jorkers· Compensation
! Bonding
 

! Legally Binding Agreement Between Two Parties
! Requirements
! Offer
! Acceptance
! Consideration
! Competency
! Legal
! $

+ Must Be In Jriting
 


$ 
! Parties Named & Roles Specified

! Detailed Description Of Transaction

! Exact Value Of Transaction

! Signatures of All Parties Involved

   $ 
(

! Fulfill Agreement Or Pay Damages

! Both Parties Agree To Drop Matter