Frequantly Asked Questions :: Copyright Office

Frequantly Asked Questions :: Copyright Office

Arranged alphabetically by surname of grantor. Contains the following indexes: A grantor index of deeds that were the subject of court proceedings and the descriptions of which were recorded in four volumes that are possibly no longer extant. Warrant Applications During William Penn’s administration an application was an oral request to locate, rent, or buy a particular piece of land. Originally, such requests were not recorded but from requests were recorded in the minute books of the Commissioners of Property. After William Penn’s death in no land titles could be granted in Pennsylvania until estate litigation was settled.

How to claim small entity status while filing for patents in Indian Patent Office

Post-Dating Provisional Patent Application: The meaning and merits and demerits of a provisional application have been explained in the previous blog post. Within 12 months of filing a provisional application, the complete specification has to be filed, in order to prevent the provisional application from being abandoned. This is envisaged in Section 9 1 of the Patents Act, The question that arises then is whether the time limit of 12 months for filing the complete specification can be extended.

Section 17 of the Patents Act, states that at any time after filing an application but before the grant of a patent the applicant may request for post-dating the patent application.

A provisional application is generally filed to gain priority for a patent application, as the priority date plays a vital role in the grant of the patent. If an applicant needs more than the prescribed period to file a complete specification, an applicant may post-date a patent application.

Okra is an “Old World” vegetable. The exact place of origin is still matter of debate. Over the centuries, many cultures have embraced okra and used it to create traditional dishes. Mediterranean and African recipes combined with tomatoes a new world fruit were created after the Columbian Exchange. Okra was introduced to the New World by African slaves. This vegetable is still a favorite in the American south.

Trademark registration india cost, procedure and timeline

November 1, Vol. Gupta, Controller General of Patents, Designs and Trademarks, who heads the Intellectual Property Office of India, faces some significant challenges, but has initiated key measures and implemented many recent changes that have led to vast improvements in the system. Below, Controller General Gupta answers questions on the minds of trademark owners and practitioners in—or looking to expand into—India.

I graduated with a degree in mechanical engineering and became an officer of the Indian Administrative Service. The development of intellectual property rights in India after India became signatory to the TRIPS Agreement is an upcoming and developing field, and this piqued my interest and encouraged me to join the office.

Implications of post-dating provisional patent applications * Impact of sufficient disclousre of invention in patent specefication * Ten Commandments for Filing Patents in India – Part II *.

Short video on trademark registration procedure, steps and cost in India how to register a brand name or a trademark in India? Did you work hard to make your business a respectable and trust worthy name in minds of your clients? How would you feel, if someone else is misusing your business name? Then you need to seriously consider protecting your business name, identity, brand, logo, image etc. This is achieved by registering Trademark for your business.

If properly used and promoted, a Trademark becomes the most valuable asset of a business. A registered trademark is an important asset for a business used to protect the company’s investment in the brand or symbol.

Patent filings in india

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Post-dating refers to the shift in the Priority date of an application to a later date. The post-dating provision is available in various jurisdictions and in India, an application, whether provisional or non-provisional, can be post-dated up to a maximum of 6 months from the Date of Filing of the application.

A patent is a government-granted property right that can be used to exclude others from making, using or selling an invention for a specified time how long depends on the type of patent. Patents can provide important commercial benefits discussed in detail in our companion piece What You Need To Know About Patents — but only for patent owners. So who owns a patent? In the US, the inventor is presumed to be the initial owner of a patent or patent application.

If there is more than one inventor, there may be more than one owner. Ownership can be transferred or reassigned. If your company values intellectual property and has employees that are encouraged to innovate, here are a few smart strategies to ensure that your company can benefit from patents generated through employee inventions. Agreements with service providers Automatic Assignment:

The Indian Patent Office : Paralysed by Procedural Bottlenecks (Part I)

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to make all information relating to the status of patent application and contents of file, publicly available through the official website. prosecution of patent applications in India. However, it does not constitute rule pre-grant and post grant oppositions. 9. Chapters 10 to 14 cover the post-grant procedures such as maintenance of.

In general, amendments to patents and applications are governed by Sections 57 and 59 of the Act, which stipulate that such amendments can be made only by way of disclaimer, correction or explanation without addition of new subject matter. Additionally, Section 78 empowers the Controller to correct any clerical error, either upon a request made by any person interested or even without such a request. In the case of Press Metal Corporation Ltd. Noshir Sorabji Pochkannawalla [AIR Bom ], it was held that while Section 78 empowers the Controller to correct clerical errors, it does not empower the Controller to make an amendment suo motu.

Thus, amendments have to be necessarily made under Section 57 only. This position was reiterated in the case of Aia Engineering Ltd. Controller of Patents [ 34 PTC Del], wherein the High Court of Delhi drew a distinction between Section 78 which deals with power of Controller to correct clerical errors and the powers to be exercised under Section 57 regarding request for amendment of an application made by a patentee. IPAB, in its order, mentioned that it is possible to make amendments to the specification for overcoming objections raised under Sections 3 d and 3 e if the amendments were related to showing technical advance due to the combination of elements and if the amendments complied with the requirements of Section 59, i.

For example, if an element or process step is depicted in the drawings, but not described in the specification, would the applicant be allowed to amend the specification to include the corresponding description for explanation? Also, would incorporation of test results or details of prototypes in the specification be allowed at a later stage by way of amendment, especially after grant, considering that under Section 59 2 c , the right of a patentee or applicant to make an amendment after grant cannot be questioned except on the ground of fraud.

For answering such questions, courts will have to take into account the requirement of Section 59 1 that the amendments can be made only for the purpose of incorporation of actual facts without adding new subject matter. In particular, when the specification is amended, the subject matter added in the specification should already be disclosed in substance in the specification and nothing must be added which is beyond the scope of the subject matter disclosed. Similarly, when the claims are amended, the amended claims should fall wholly within the scope of the original claim.

Postdating of patent applications at the Indian Patent Office

Click on to question to see the answer. Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. 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.

Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity.

Implications of post-dating provisional patent applications A provisional application is generally filed to gain priority for a patent application, as the priority date plays a vital role in the grant of the patent.

Patent and Trademark Office. Ex parte re-examination has existed since , and takes place before a patent examiner. Post-Grant Review Section 6 of the AIA establishes the post-grant review procedure in which a party may seek cancellation of patents on any validity ground that could be raised under paragraph 2 or 3 of Section b of the Patent Act, 35 U. The time period for filing a PGR is within nine months after the patent is issued. The procedure applies only to patents issuing from applications having an effective filing date after March 16, i.

The PTAB may grant post-grant review of a patent where it is more likely that at least one claim is unpatentable, or the petition raises a novel or unsettled legal question that is important to other patents or patent applications. Inter Partes Review Section 6 of the AIA also established the inter partes review procedure in which any person other than the patent owner may petition the PTAB requesting to cancel at least one claim as unpatentable under Section or of the Patent Act based on patent s or printed publication s.

A petition for inter partes review is available for any enforceable patent at any time during the life of the patent; however, for patents issued from applications filed post-AIA i.

Priority Timelines


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