Registrations are open for Online Certificate Course on Intellectual Property (IP), May – July 2013 being conducted by Federation of Indian Chambers of Commerce and Industry (FICCI). Course duration: 3 months Registration start sate: 1st April 2013 Registration closing date: 25th April 2013 Course conducted during: […]
FICCI announces online certificate course on intellectual property Read More »
On March 16, 2013, about 18 months after the United States (US) President signed it into law, the Leahy-Smith – America Invents Act (“AIA”) (hereafter the Act) took effect. The act is supposedly tailored to bring US patent law in sync with the patent systems of the rest of the world. There are a slew of changes that impact filing, fees, issue etc. but the key provision relates to timing of patent filing. In the US, before March 16,
US Patent Reform – 2013: A brief look at the AIA Read More »
The Madras High Court in it’s decision today has struck down the requirements for agents filing patent applications before the patent office. Hat Tip: Our regular reader, SP Chocaklingam, and the petitioner in the case. The case was filed in the year 2006 and a decision came out today. The crux of the judgment / order is that all Advocates as a matter of right can file patent applications for their clients, and they do not have to register themselves
Breaking Hot News: Madras High Court strikes down amendment to S.126 of Patents Act. Read More »
In the month of December 2012 the Controller’s offices issued 84 decisions. Out of these 84, 46 decisions were granted (including deferred, time allowed), 34 refused (including revoked, abandoned and withdrawn) and no file uploaded for the remainder (4).Some interesting decisions: There are three decisions related to divisional practice: 1251/KOL/2005; 1257/DEL/2007, and 3466/DEL/2005: All three are from different controllers, and yield a similar result. 1576/DEL/2006 is on application of sections 3(e), and 3(p). 106/DELNP/2008 is on application of section 3(d).
December 2012: Controller’s decisions at the IPO Read More »
In a recent decision issued by the IPAB, the Board in yet another excellent decision issued by Justices Sridevan and Parmar, has suggested to the patent office to implement a revised numbering scheme for applications. The decision was issued in a case to direct the patent office to accept a national phase application filed with less than the prescribed fees. (Decision). In my view, the patent office has ducked a major issue for now: receiving extra fees from
Our patent office, yesterday, notified the dates for the upcoming patent agent examination. The next qualifying examination for patent agents will be held on 4th and and 5th May 2013 at Kolkata, Mumbai, Chennai, New Delhi and Nagpur. Based on the DIPP notification issued after the cases of Anvita Singh (discussed here), and Renu Rampal (discussed here), the weightage for viva is 25% of the weightage given to the written examination. Our patent office has also clearly described the pattern of the upcoming examination.
Patent office notifies the next patent agent examination Read More »
In a previous post, we had mentioned that the DIPP had notified the changes in the patent agent examination that prescribed a lower weightage to viva than the written examination. Based on this notification, candidates like Renu Rampal (post) could have applied to become patent agents. However, the patent office faced a few practical difficulties in implementing the decision of the Delhi High Court (DHC). The practical difficulty was that if the notification was applied retrospectively, a few candidates (~20) who had passed
Delhi High Court clarifies the notification re patent agent examination Read More »
In discussions with a few of my colleagues in software development related to mobile applications for Android, Windows, and iOS platforms, a question arose whether studying an existing application (already developed and available for a device) and using the existing application as a study tool is legal under the Indian Copyright Act? At first glance the relevant provision (Section 52) under the Indian Copyright Act prescribes that studying software is legal. However, there are many practical issues that
Part I: Is decompilation of software legal under the Indian Copyright Act Read More »
The previous post discussed the development of the US and European laws as applicable to reverse engineering. This post compares the Indian provisions with the European and US counterpart legislation. One important aspect is the growing number of application developers in India for the Android, iOS, Blackberry, Windows platforms. Usually application developers do not start development of applications from scratch. A mish-mash of existing and new code is used. For example, all four of the platforms discussed above provide
Part II: Is decompilation of software legal under the Indian Copyright Act Read More »
Federation of Indian Chambers of Commerce and Industry (FICCI) has started an Online Certificate Course on Competition Law & Intellectual Property Rights (IPComp). The objective of the Course is to make students and professionals learn about complex international legal environment in which multinational corporations and businesses operate. Through several case studies, the course introduces some practical legal concepts, pitfalls and compliance issues that are needed by today’s businesses to comply with Competition Law, IPRs and their legal linkage. This advance
FICCI announces online certificate course on Competition law and IPR Read More »
