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Sunday, September 2, 2018

the patents act main provision

Meaning of patent
a patent is a right granted by the state to a person who has invented a new and useful product or an improvement in existing product or a new process of making a product. India.
This right may be granted in accordance with provisions the provisions of patents act,1970.
    The patent act 1970 enacted to replace the Indian patent and designs act, 1911. The patents act, 1970 was amended in 1999, 2002, and 2005 in order to meet India's obligations under the agreement on trade-related aspects of intellectual property rights or TRIPs formulated by the world trade organisation or WTO 

The patent act, 1970 came into force on April 20, 1970. to extend to the whole of India.  the latest amendments were introduced to this act by the patents (amendment) act, 2005.

PATENT AND PATENTEE
According to section 2(1)(m),''patent means a patent for an invention granted under this act."
in fact, a patent is a right to exclude others from making, using and selling one's invention and includes right to license others to make, use or sell it. A  letter of a patent is an official document conferring
the exclusive right or privilege to an inventor for a term of years to make, use and sell his invention. a patent once granted confers upon the patentee the exclusive privilege of making, selling and using the invention throughout India and authoring other so to do.

patentee- patentee means the person from the time being entered on the register as the grantee or proprietor of the patent.[sec.2(1)(P)]  
  patentee is one to whom a patent has been granted. The term is usually applied to who has obtained the letter of patent for a new
invention. patentee includes an assignee of patent whose name is entered into the register of patents.

What are not inventions and not patentable:
         The following are not inventions within the meaning of this act and therefore, not patentable under this act:

  1.  an invention which is frivolous or which claim anything obviously contrary to well established natural law.
  2.  An invention of the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human' animal or plant life or health or to the environment.
  3.   A mere discovery of a scientific principle or the formulation of an abstract theory.
  4. a method of agriculture or horticulture.
  5. a literary, dramatic, musical or artistic work or other aesthetic creation whatever including cinematographic works and television productions.
  6. Any presentation information etc.
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above picture showing is patented and patentable.





























Wednesday, August 15, 2018

intellectual property


It would be in the fitness of thing to understand the concept of property before proceeding to the concept of intellectual property rights. simply stated property means anything that is capable of providing ownership to a particular person.thus, the ownership is critical to the concept of property.ownership means right to possess, use and dispose of the property  at the desire of the owner. if any law does not recognize the ownership, the concept of property is useless. Therefore, in the legal sense, property refers to the bundle of rights that the law confers on a person of virtue of ownership. Because of the rights, owner of a property can excesses the rights of possession, use enjoyment of its fruits/benefits, exclusion of others from use/enjoyment and transfer of rights  to others.

IPRs means the legal rights which result from the intellectual activities of human being. Such rights govern and protect the interests and rights of the people creating them.Image result for intellectual property rights


                kinds of intellectual property Rights
The convention establishing the world Intellectual property organization (WIPO) concluded at Stockholm on 14 July 1967, in article 2(8), define intellectual property rights as rights relating to the following:
(1) Literary,artistic and scientific works.
(2) Performances of performing artists, phonographs  and broadcasts.
(3) Inventions in all fields of human endeavour. 
(4) Scientific discoveries.
(5) Industrial designs.
(6) Trade marks, service marks and commercial names and designations.
(7) Protection again unfair competition.
(8) All other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

Industrial intellectual property can be broadly divided into two categories (1) Idustrial property
                                                                                                                                (2) Letrary property

 (1) Industrial property :-the expression"industrial property'' is used in two contexts. First in business context and second is legal context. in business context industrial property means the movable and immovable property used in industrial activities and processes.  such property includes land ,building,machinery,furniture etc, in legal context , industrial property is a kind of intellectual property.
 industrial property consists of signs transmitting information to consumers regards to products and services offered on the marketplace. it also covers the measures of protections directed against the unauthorized use of  signs which are likely to mislead consumers and mislead practice in general.

 (2) Letrary property:- litrary property means the property arising out of litrary and artistic work as well as from the performance of the rights of performing artists (music,drama and dance,film,music work etc.