What You Should Know Before Filing a Provisional Patent Application? A Patent is a statutory right over an invention granted for a limited period to the inventor, in consideration for full disclosure of the invention to exclude others from utilizing the patented product or process without his consent. Indian Patent Law follows the first to file system. A provisional application is an application that can be filed if the invention is still under the experimentation stage. Filing a provision...

If you are from the 70s, 80s, 90s, or say 20s, you will know how important bicycles are in your life. Basically, bicycles have been a part of our life for centuries now. The world of bicycles and their relevance in our lives is a known fact, but do you know how this amazing product was made. You would be thinking, why should I know that reason and history when I can just use it. We also had the same mindset, but then lawyers are, of course, curious about everything, and thanks to this curiosity,...

Pharmaceutical trademarking is just the simple trademarking of pharmaceutical drugs, with just more complicated steps than the usual trademarking. It seems like there is a new drug being discovered every day and all have their own distinct effect and all cover different types of personal and a totally different market. People once attached to a drug for a specific problem will stick on to the drug till prescribed differently or if they find the alternative drug more effective. It is not like say...

The new iPhone X proved to be a revolution in the market of smartphones. The extension on the display up till the edge of the screen with the no waste space for the home button proved to be a new stylish touch for many new coming up phones. We can see after its hit with the iPhone X model that there have been few phone companies that picked its idea (notch) and introduced cheaper phones in the Android platform. But what if I told you APPLE INC. were not the first people to even come up with this...

The neem tree is generally called the free tree in other countries. If you have gone to the villages of Tamilnadu you can find one in every street, there used to be one in every street in the city as well, that was before we decided roads were more important than plants and cut them down. But in our culture, the neem tree has a very unique and distinctive place. We had a tree in every house once, all the people who go to their ancestral houses for their holidays will know. For a very long time, ...

A patent is a form of intellectual property that gives its owner the full legal right to exclude other parties from making, using, selling, and importing a particular invention for a limited period of years, in exchange for publishing and enabling the public disclosure of the particular inventions. In most countries, patents fall under civil law and the patent holders need to sue someone who is infringing the patents in order to enforce his or her patent rights. In some industries patents are th...

Patenting your invention is one of the biggest security you can give to the invention. But ask yourself, why do you Patent your invention? To protect from infringement. Is it just applying for a patent and getting the patent enough? Ok, let me give you an example. What is the use of having a gun when you don’t even know how to pull a trigger when you are actually in danger? It is a violent example, but the patent violation is also a form of violence. And to you are getting a gun called patent ...

The requirements for patentability of inventions can be considered as one of the most important parts of patent law. They form the basis for a grant of a patent, scope of protection, and patent validity, among others. At a general level, they influence the efficiency of the patent system in achieving its objectives of promoting scientific and technological progress, economic/industrial growth, and public benefit. Owing to their value, they may be termed as essential parts of the patent machin...

SPECIFICATION To obtain a patent, the inventor has to file a patent application containing a specification. The object of the specification is to provide complete information to the public about the invention and the mode of carrying it out and to define the boundaries of the invention. This article is the continuation of various stages of the patent, the previous stages of the article could be read by clicking here. The specification has to contain a written description of the invention a...

The inventive step requirement is the most subjective and complex of all patentability requirements. Under the Indian Patents Act, the assessment of the inventive step includes two aspects, technical advance or economic significance; and non-obviousness. Inventive step is simply one or a few special features of an invention that involves technical advancement when compared to the already existing knowledge or having more economic significance or in few circumstances both, which makes the inventi...

A product or process will be considered as an invention under the Patents Act only if it is novel and inventive. Novelty simply means newness based on what is existing as of the priority date of the patent application. An invention will be considered to be novel if it is different from what is already existing, which is referred to as ‘prior art.’ Novelty is always assessed in the light of a single prior art reference at a time, and prior art references are not combined for novelty analysis....

MARICO LIMITED v. ABHIJEET BHANSALI In this case Mr. Abhjeet Bhansali (Social Media Influencer) who tested and shared with the viewers to find out that the quality of the coconut oil. He showcased that after refrigeration the organic coconut oil is transparent and the Marico Limited’s product has a much yellowish tint. He further draws the conclusion that the Marico Limited’s product is not generally unrefined and is a much more inferior in the quality of the cold-pressed coconut oil and th...