Post-Grant Central Limitation in the EPO

Post-Grant Central Limitation – Instrument for Patent Owners

At the end of 2007, the European Patent Office (EPO) introduced new procedure after which, it became possible for a patentee to seek a central limitation or amend the patent application after grant for the patent.

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Overview of Claims

Important aspects of patent claims

Claims must be clear

A person drafting the claims must draft the claims in a clear and precise manner. Any discrepancy in the claims will lead to speculation by the person reading the claims. The use of words like “such as”, “thin”, “when required” and “so on” should be avoided to remove obscureness in the claims. Therefore, claims must be clear to the person reading them.

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Basics of writing a patent claims

Drafting patent claims

A patent application is drafted for an invention which has been found patentable by the Intellectual Property professionals. Drafting a patent application requires an in-depth and complete understanding of the invention or idea. It is highly important for the person drafting the patent application to be clear about the novelty of the invention and how the invention works in reaching its goal. After the novelty and the process is clear, the first step in drafting the patent application is the drafting of claims. Claims define the scope of the invention in a legal way. Claims are the most important part of the invention as it defines the boundaries of patent protection.

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Drafting Background of the Invention

Describing the background of an invention in a patent application

Background of the patent application describes the state of art in the context of the present invention. In addition, the background section serves to disclose closest prior arts. It tells about limitations of the prior arts or differences of prior arts from the present invention. In addition, it describes the need of the invention.

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Describing an invention in a patent application

Title and field of the invention for patent application

Title of the invention is a useful source of information in a patent application. The title should be informative and placing the title of the invention at the top of the first page of the specification is a general practice for describing the invention in patent application. Generally, title of the invention in a patent application is used to convey main content of the invention.

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Importance of Trade Dress

The concept of Trade Dress in Indian Context

Trade dress is another kind of Intellectual property. Trade dress describes or associates with features of the visual or sensual appearance of any product. The trade dress also includes the packaging, shape, and design of a building. Trade dress signifies the product’s source to the consumers. The main objective of the trade dress is to protect the consumers from its false packaging or appearance that imitates the original product. In other words, the purpose of trade dress is to prevent a consumer from purchasing a product or a commodity under a false belief that it is from the intended manufacturer. For example, Apple Inc. recently secured the registration over the design of its flagship Apple Stores as trade dress.

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Various treaties and conventions related to Industrial Designs

Indian Industrial Designs evolution based on different Significant Treaties and Convention

India has been a signatory to the treaties and conventions associated with industrial design law. The treaties signed and its goals and policies followed by all member nations. Some of the treaties associated with the industrial design to which India has been a signatory are:

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History of Indian Industrial Design Law

Indian Industrial Design Law evolution over the years

Like the other Acts associated with the patents, trademarks and copyrights had found their traces in the pre-independence period; the first Indian Industrial Design Law was passed in 1872. This act was named as “The Patterns and Designs Act of 1872.”

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History of Indian Copyright Law

Indian Copyright Law evolution over the years

Just like the Patent law and the Trademark law, the history of Copyright law is also associated with the British regime.  The first Copyright law enacted in 1847. According to this law, the copyright issued in the name of the author for a lifetime of the author and an extra seven years post-mortem. However, this time period in no case could exceed forty-two years unlike the present time limit of sixty years. In addition, the government could grant a compulsory license even if the owner refused to after the death of the author.

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