The American Invents act – First to file (March 16, 2013)

On Saturday, March sixteen, 2013, the “first-inventor-to-file” provisions of the Leahy-Smith America Invents Act (“AIA”) will go into effect. The act will update the current “first-to-invent” process to “first-to-file” patent system. Under the new law, the defination for prior art will expand dramatically and any prior art from before the filing date can be used to reject the application. It will now be difficult to get patents and even harder to defend them in litigations.
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Patent Post Grant Review Procedure

The proposed Patent post grant review proceeding would allow the public to appeal the USPTO to cancel claims in a patent within a year of its issue date. And it allows any person who is warned with a patent infringement suit to plea for review within four months of being warned. To prevent wrong use, the review petitioner would be required to make a sufficient first proof of un-patentability; otherwise the petition would be dismissed. If the proof is enough, a fact-finding procedure leading to a hearing by the Board of Patent Adjudication on the merits would follow. It is envisaged that both parties would be obliged to make necessary disclosure of all relevant information, then followed by discovery as permitted by the Board of Patent Adjudication. During the Post Grant Patent review proceeding, the patent owner would have a single opportunity to make a narrowing amendment of the claims challenged.

The Post Grant Patent proceedings would then be conducted by the Board of Patent Appeals and Interferences, renamed after the Board of Patent Adjudication. Continue reading

Trademark Watch Service India

Trademark Registration is a legal procedure provided for under the Trade Marks Act, 1999. Here is a breakdown of the process of registering your trademark, if your business is applicable for Trademark. The details of Trademark Filling India and e Trademark Search India are given below.

Documents required:

  • A copy of the logo in JPEG format.
  • Authorization Form (TM 48).
  • First use date of the trademark.
  • Name and contact address of the proprietor of the mark.
  • Fee required

Trademark Filling India: Continue reading

Business Research- A tool to know the root cause!

Business Research and Market Research help you to know the root cause of a problem or profitability of a business or just product as the case may be. Let us see how business research helps in such situations:

1. You are currently working in some organization, but you have an idea for a new product or service that may bring you fruitful returns.

The question you are actually asking yourself is, “Should I quit job and start a business to sell this product?” while the sub-question is “Would this idea really work?” If the idea is really going to work, and you can earn significant profit by starting this business by selling the product, then initiating the new business is something you should not miss. However will it be a profitable venture is the question to be answered with Yes or No. To know this, you can resort to Business Research India services, the research will help to make your decision that whether you should start a business or not considering aspects such as existing players, competition, demand, etc. Continue reading

A threat of Patent Infringement

The scope or the extent of Patent Watch is defined in the claims of the granted patent.Patent filing agents inform the public about terms of the claims such as what is allowed and what is not allowed without the permission of the patent holder.

Usually, a party that  manufactures, sells, imports, uses, or offers patented technology for sale , during the term of the patent and within the country of issued the patent, is considered to infringement of the patent.

In response to allegations of infringement, an accused infringing party would normally assert one or more of the following:

ñ it wasn’t practicing the patented invention or infringing act in the territory covered by the patent; Continue reading