You wouldn’t make important decisions like buying a property or investing in the stock in haste or without checking it up properly. Likewise, when it comes to making a product, you would want it to be unique and useful and most importantly, marketable. But how can you know whether your idea or product is going to be useful and successful? Yes you can go all over Google and search for similar products over the internet, but still you might miss out on something important which can come to haunt you later. Plus it isn’t a very resourceful use of your time.
Hiring a professional patent search firm to do the legal work for you once in a while might be a good idea. Professionals would know about all the loopholes and can assess your product inside out to give an idea of its success. Continue reading →
On Friday the Full Federal Court affirmed that isolated nucleic acids are patentable subject matter in Australia. While an appeal to the High Court of Australia may be possible, absent an appeal, isolated nucleic acids will remain patentable subject matter, unless excluded by an amendment to the Patents Act. Presently we are unaware of a proposal to amend the legislation on this point.
Consistent with previous principles derived from Australian case law, the Full Federal Court held that the claimed isolated nucleic acid resulted in an artificially created state of affairs for economic benefit thereby being proper subject matter of a patent. By being removed from the genome and the cell (in other words removed from the natural environment and from the cellular components that enable it to function in vivo) the Court held that the claimed isolated nucleic acid is itself an artificially created state of affairs.
Patentability searches/investigations showcase the solicitous, calculated planning that happens at the beginning of every intellectual property protection process. If you have an invention you deem should be patented, then patentability searches are the first step towards it. It is widely accepted that patents play an essential role in motivating private investment in R&D, and those investments have yielded tremendous social gains through the resulting of new technologies and inventions. If the idea of a technology is not novel or is obvious- perhaps because it was disclosed in an earlier publication or made to look obvious by recent scientific advances- then it cannot be patented.
Although most of the patent databases are available online for free: UPSTO, the EPO database, but a professional lawyer or patent attorney can offer better counsel and guidance that can provide you with a realistic view of the possibilities for obtaining a patent. Continue reading →
Talwar and Talwar Consultants (TT Consultants) is proud to announce that its director, Mrs. Komal Talwar, has just been nominated for the prestigious ICICI CNBC Emerging India Award, 2011. Mrs. Talwar is one of the top 5 finalists in the country to be nominated in the category for Woman Entrepreneur of the Year, 2011, adding another boost to her ever growing motivation. Also, it’s worth mentioning that she is the youngest of the five nominees shortlisted after a strict procedures laid by the award jury. Continue reading →
Patent infringement comprises of the illegal making, using or even offering for a sale or selling any patented invention within the country or its territories, or importing it into the country of any patented invention during the period of the patent protection. The scope of Patent Infringementprotection may vary from country to country, as the patent is examined voluntarily by the patent office established in each country or region and may have some difference in patentability, so that a granted patent is difficult to carry out worldwide. In many countries, a use is mandatory to be commercial or to be for a commercial purpose so as to constitute patent infringement. When patent infringement takes place, the Patent filing agent may sue for its relief by Patent drafting in the concerned Federal court. The Patent filing agent may also ask court for a ban to prevent the continuation of the patent infringement and may also ask the court for reimbursement of damages occured due to the patent infringement.Continue reading →