Post Buy Requirement
SS
Mumbai, Maharashtra, India
Add Review

Patent Registration Services #1718748

Design Registration

We are widely known in this industry for serving highly professional Design Registration Services to the clients. Our professional team of experts with wide industrial experience provides these Design Registration Services within stipulated time frame. Our fair and reliable business transactions with the reputed clients make us an authentic one to deal with.

 

We design exquisite, industry specific websites and graphic designing with features that make it dynamic in nature. Allow our visualization to harness the core competency of your business to your advantage.

 

Stationery Printing :

If you need to get the stationery design and printing for your company, please contact us and our experienced graphic designers will create the effective stationery for you.

 

Sai IP develops all the materials used for personal correspondence; ranging from letter heads, visiting cards, envelopes to bills, invoices etc. Sai IP takes utmost care that while designing the stationery, maximum space should be allotted to body area. Webb makes sure that details like name, address and telephone numbers are aligned and properly placed.

 

Some of the stationeries we make available are :

  • Visiting cards

  • Letter Heads

  • Envelopes

  • Invoices

  • Leaflets

 

Brochures & Catalogues :

Brochures and catalogues are the tangible guides be it a product listing or a corporate representation. They are one of the main source of information about any company. Sai Ip Consultant can provide you with a cost effective, affordable, yet elegant brochure designs. Graphic designers at Webb believe that a brochure is not just a piece of paper but it's the life of the company. It carries the company's whole purpose of living: vision, mission, services and products. Sai Ip Consultant therefore handles your brochure the way you handle your life; with care, dignity and purpose.

 

Website Designing :

  • Websites are the most popular marketing tools in today's day and age. The reach of a website is not comparable to any other marketing medium on this planet. We employ the best practices to ensure that your website stands out amongst the millions of websites available on the internet.
  • Our years of experience in providing web and graphic design services can be used to your advantage by creating the right impression in the minds of your website visitors.
  • We cater to a variety of industries and our website designing skills suit all business needs.
  • Our fortes are creative designs, customer satisfaction and personal attention.
  • We are a rare web design company that measures its success by the level of satisfaction of its customers.
  • We offer a range of services that includes web design, web development, flash web design, and with aggressive internet marketing campaigns for top search engine rankings.
  • As a complete web development company we offer customer-oriented web design services and more importantly, deliver them effectively. Whether you are a small business or a large corporate, our website development services can help you achieve an online presence that delivers the very best for you and your clients. If your goal is to provide information, products, e-commerce or online services, we can ensure that the visitors to your site enjoy an informative, user-friendly and interactive experience. We utilize the skills of web designers, experienced specialist programmers, search engine registration specialists and business management experts. We also build database driven websites and e-commerce solutions with online credit card and payment processing solutions. We have expertise in undertaking web development that meets your needs built on either a Linux or Microsoft platforms.
View Complete Details

Copyright Registration

The respected clients can avail highly reliable Copyright Registration Services from us. Our Copyright Registration Services are widely acknowledged in the industrial sector due to their less time consumption and prompt delivery. The team of experts, assigned by us, makes this process of Copyright Registration easier and simpler for the clients. Moreover, due to high confidentiality, this Copyright Registration is highly recommended by the valued clients.

 

What is a Copyright?

Copyright is concerned with original literary, musical or artistic works. These include computer software; any drawing, map, chart or plan; photographs and films; architectural works; sculptures; sound recordings; TV and radio broadcasts etc.

 

A trademark can be any word (PEPSI), name (TATA), symbol or device (Microsoft), slogan (Yeh Pyas Hai Badi & Thanda Matlab Coca Cola), package design (Coca-Cola bottle) or combination of these that serves to identify and distinguishes a specific product from others in the market place or in trade. Even a sound (Britania chimes) color combination, smell or hologram can be a trademark under some circumstances. The term trademark is often used interchangeably to identify a trademark or service mark.

 

Related Rights to copyright :

Copyright is about the right to copy. Copyright is a legal term describing rights given to creators for their original literary and artistic works which allow them to control their subsequent use. It is important to recognize that copyright is not a monopoly. Two people could completely independently create identical items. Provided there is no copying, there is no infringement and both can hold copyright in their respective works.

 

How do I obtain copyright-protection? The creators of such works automatically acquire rights, which mean that they can control their further use. The only absolute requirement is that the work is original, i.e. not copied from somewhere else and has required original intellectual effort by the author. Ownership normally rests with the creator but there can be situations e.g. employment contracts etc. which affect this. In general, copyright protection lasts until 70 years after the death of the owner.

 

A field of rights related to copyright has rapidly developed over the last 50 years. These related rights grew up around copyrighted works. They provide similar protection, although often more limited and of shorter duration. They cover a range of rights, which have been derived from copyright principles and are granted to e.g. performing artists, producers of sound recordings, broadcasting organizations in their radio and television programs, and creators/owners of databases.

 

How to obtain copyright?

Basically the act of creating a work also creates the copyright, which then subsists in the physical expression of the work. There is no formal registration process required in order to obtain protection. However, some national laws allow for registration of works and in certain countries registration can serve as prima facie evidence in court in case of infringement. You should therefore check with the competent office in your country.

 

How Saiipconsult helps you for your Copyrights Registration in India and worldwide?

  • Copyrights applications

  • Copyrights assignment, licensing and transfer

  • Copyrights Infringement and validity advice.

  • Copyrights Specific agreements.

  • Copyrights Litigation: opposition, rectification, appeals, and civil suits for infringement.

  • Copyrights Anti-piracy measures.

View Complete Details

Patent Registration

We are the reliable Service Provider rendering the best Patent Registration Services across India. Our Patent Registration Services are widely acknowledged amongst clients for their timeliness, high reliability, and cost effectiveness. The team of experts, assigned by us, makes the process of Patent Registration easier for the clients irrespective of the issues associated with it.

 

A Patent is a legal monopoly, which is granted for a limited time by a country to the owner of an invention. Merely to have a patent does not give the owner the rights to use or exploit the patented invention. That right may still be affected by other laws such as health and safety regulation, or the food and drugs regulation or even by other patents. The patent, in the eyes of the law, is a property right and it can be given away, inherited, sold, licensed and can even be abandoned. As it is conferred by the government, the government, in certain cases even after grant or even if it has been, in the meantime, sold or licensed, can revoke it.

  • A Patent gives an inventor the right for a limited period to stop others from making, using, selling or importing an invention without the permission of the inventor. That is why patent is called a "negative right"

  • Patents are generally concerned with functional and technical aspects of products and processes and must fulfill specific conditions to be granted.

  • Most patents are for incremental improvements in known technology - evolution rather than revolution. The technology does not have to be complex.

  • Patent rights are territorial; an Indian patent does not give rights outside of India.

  • Patent rights last for up to 20 years in India and in most countries outside India.

  • Depending on where you wish your patent to be in effect, you must apply to the appropriate body. In India, this is The Indian Patent Office. There are various Patent Offices around the world. Alternatively, a Patent Agent can apply on your behalf.

 

Legal Basis :

  • The Patents Act 1970, as amended by The Patents (Amendment) Act 2005.

  • The Patents Rules, 2003, as amended by The (Amendment) Rules 2006.

 

Filing Application :

Any person, even if he or she is a minor, may apply for a patent either alone or jointly with any other person. Such persons include the inventor, or his assignee or legal representative in the case of an ordinary application or, in the case of a priority application, the applicant in the convention country or his assignee or his legal representative. A corporate body cannot be named as an inventor. Foreigners and nationals not living in India need an address for service in India for this purpose. They may appoint a registered agent or representative whose address for service can be the address for service in India.

  • Place of filing : An application for patent must be filed at the Patent Office branch within whose territorial jurisdiction the applicant resides or has his principal place of business or domicile. A foreign applicant must file in the Patent Office branch having jurisdiction over the place where his address for service is located.
  • Priority : Priority can be claimed from the earliest corresponding application in a convention country, provided that the Indian application is filed within twelve months of the priority date. Multiple and partial priorities are allowed.
  •  Specification : A priority application must be filed with a complete specification in the first instance but a non-priority application may be filed with either a provisional specification or a complete specification. Where a provisional specification is filed in the first instance, a complete specification must be filed within twelve months. Where two or more provisional specifications have been filed, the specifications may be cognated and all the subject matter may be incorporated into a single complete specification to be lodged within twelve months of the date of the earliest filed provisional specification.
  • Naming of inventor(s) : As regards non-priority applications, the inventor(s) must be named in the application form. As regards priority applications, a declaration as to inventorship must be filed with the application or within a maximum period of six months.
  • Information of corresponding applications in other countries: It is necessary at the time of filing a patent application in India, to inform the Controller of the details of all corresponding applications in other countries and to undertake to keep the Controller so informed up to the grant of the Indian application. Failure to do so could result in the refusal of the application in case it is opposed, or even revocation of a patent in proceedings before the High Court.

 

Patent Publication :

Publication takes place 18 months from the date of the application. Urgent publication is possible on request on payment of fees. On and from the date of publication of application for patent and until the date of grant of a patent in respect of such application, the applicant will have the like privileges and rights as if a patent for the invention had been granted on the date of publication of the application. 11A[7]

  • Pre-Grant opposition of patent application : After publication but before the date of grant by way of representation, anyone may file opposition to the grant of a patent.
  • Publication of subject matter : The grant of an application is published in the official journal and is notified therein for post Grant opposition. A patent can be revoked within one year after grant by postgrant opposition proceedings before the Controller of Patents .
  • Revocation of a patent : It is possible on the grounds of prior publication anywhere in the world, public use or knowledge in India, lack of novelty with regard to the subject matter, obviousness, lack of inventiveness, ambiguity, insufficiency of description of the invention, fraud, false suggestion or representation that the person named as the inventor is not the true inventor, lack of utility, non-patentability of subject matter (e.g. food, drug or medicine per se, atomic energy, mere admixture, mere arrangement of known devices, process of testing, method of agriculture or horticulture, process of medicinal treatment), failure to furnish or falsity in material particulars of information regarding corresponding applications in other countries supplied to the Controller or that the invention is contrary to law or morality.
  • Annuities : Except in the case of a patent of addition, for which no annuities are payable, annual renewal fees must be paid during the life of an Indian patent, the first of such fees falling due at the end of the second year of the life of a patents granted. Renewal fees falling due during the pendency of the application are payable within a non-extendible period of three months from the date the patent is taken on record in the Register of Patents. Two or more year's renewal fees may be paid in advance if the patentee so desires. A maximum extension of six months may be obtained on payment of the prescribed penalty fees. If the renewal fee in question is not paid within the extended period available, the patent will lapse.
  • Restoration : A lapsed patent may be restored if an application for restoration is made within one year of the date of lapsing of the patent, provided it can be shown that the lapsing of the patent was unintentional and that there was no undue delay in making the application for restoration.
  • Working of patents : Every patentee and every licensee is required to furnish within three months from the end of the calendar year in which the patent is granted, a statement as to the extent to which the invention has been worked in India on a commercial scale in the preceding year. Non filing of this statement is a criminal offence.
  • Compulsory licenses : After three years from the date of sealing of a patent, an interested party may apply to the Controller for the grant of a compulsory license alleging that the reasonable requirements of the public with respect to the invention have not been satisfied or that the invention is not available at reasonable price. If the Controller is satisfied that a prima facie case for an applicant for compulsory license has been made out, he shall serve notice on the patentees who, if they so desire, may oppose the application for compulsory license.
  • Marking : It is not compulsory but advisable as otherwise damages may be difficult to recover in cases of infringement. The invention may be marked with the word "Patented" or "Patent" accompanied by the number and year of the patent.
  • Infringement : An infringement suit may be instituted by a patentee or his exclusive licensee. Every ground for revocation is available as a defense and revocation can be counter claimed in infringement proceedings. The Court may grant relief in respect of a valid claim or claims even though one or more other claims in the suit may be held to be invalid. Relief may include damages and costs as awarded by the court. A suit for injunction may be instituted and damages recovered in cases where there have been groundless threats. Any person may institute a suit for declaration as to non-infringement of a patent. Onus of proof of non-infringement lies with the defendant.

 

Patents and Computer Software :

It is possible to patent programs for computers which, when run on a computer produce a "technical effect or includes hardware" . However, if a program does not produce a technical effect when run on a computer it is unlikely to be patentable. A technical effect is generally an improvement in technology and needs to be in an area of technology, which is patentable. For instance, an improved program for translating between Japanese and English is not patentable because linguistics is a mental process, not a technical field. On the other hand, a program, which speeds up image enhancement, may be patentable because it produces a technical improvement in a technical area.

 

Some countries, such as the USA, which may be a large potential market for your software, have a more liberal approach to software patenting and often grant patents for software, which would be excluded in India and other countries.

 

Deciding whether or not a particular computer program is patentable is a complex issue and advice from a Patent Agent may help to determine which is the most effective form of protection available.

View Complete Details
Tell Us What are you looking for? Will call you back

Contact Us

  • Sunil Waghmode (Shree Sai Ip Consultant Pvt. ltd.)
  • No. 70 Sbs Nagar Gate No. 5 Wadala , Mumbai, Maharashtra, India
  • Share us via
  • Call 08068051334 Ext. 341
Service Provider of Patent Registration Services from Mumbai, Maharashtra by Shree Sai Ip Consultant Pvt. ltd.
Post Buy Requirement
SS
Mumbai, Maharashtra, India
Add Review

Patent Registration Services #1718748

Design Registration

We are widely known in this industry for serving highly professional Design Registration Services to the clients. Our professional team of experts with wide industrial experience provides these Design Registration Services within stipulated time frame. Our fair and reliable business transactions with the reputed clients make us an authentic one to deal with.

 

We design exquisite, industry specific websites and graphic designing with features that make it dynamic in nature. Allow our visualization to harness the core competency of your business to your advantage.

 

Stationery Printing :

If you need to get the stationery design and printing for your company, please contact us and our experienced graphic designers will create the effective stationery for you.

 

Sai IP develops all the materials used for personal correspondence; ranging from letter heads, visiting cards, envelopes to bills, invoices etc. Sai IP takes utmost care that while designing the stationery, maximum space should be allotted to body area. Webb makes sure that details like name, address and telephone numbers are aligned and properly placed.

 

Some of the stationeries we make available are :

  • Visiting cards

  • Letter Heads

  • Envelopes

  • Invoices

  • Leaflets

 

Brochures & Catalogues :

Brochures and catalogues are the tangible guides be it a product listing or a corporate representation. They are one of the main source of information about any company. Sai Ip Consultant can provide you with a cost effective, affordable, yet elegant brochure designs. Graphic designers at Webb believe that a brochure is not just a piece of paper but it's the life of the company. It carries the company's whole purpose of living: vision, mission, services and products. Sai Ip Consultant therefore handles your brochure the way you handle your life; with care, dignity and purpose.

 

Website Designing :

  • Websites are the most popular marketing tools in today's day and age. The reach of a website is not comparable to any other marketing medium on this planet. We employ the best practices to ensure that your website stands out amongst the millions of websites available on the internet.
  • Our years of experience in providing web and graphic design services can be used to your advantage by creating the right impression in the minds of your website visitors.
  • We cater to a variety of industries and our website designing skills suit all business needs.
  • Our fortes are creative designs, customer satisfaction and personal attention.
  • We are a rare web design company that measures its success by the level of satisfaction of its customers.
  • We offer a range of services that includes web design, web development, flash web design, and with aggressive internet marketing campaigns for top search engine rankings.
  • As a complete web development company we offer customer-oriented web design services and more importantly, deliver them effectively. Whether you are a small business or a large corporate, our website development services can help you achieve an online presence that delivers the very best for you and your clients. If your goal is to provide information, products, e-commerce or online services, we can ensure that the visitors to your site enjoy an informative, user-friendly and interactive experience. We utilize the skills of web designers, experienced specialist programmers, search engine registration specialists and business management experts. We also build database driven websites and e-commerce solutions with online credit card and payment processing solutions. We have expertise in undertaking web development that meets your needs built on either a Linux or Microsoft platforms.
View Complete Details

Copyright Registration

The respected clients can avail highly reliable Copyright Registration Services from us. Our Copyright Registration Services are widely acknowledged in the industrial sector due to their less time consumption and prompt delivery. The team of experts, assigned by us, makes this process of Copyright Registration easier and simpler for the clients. Moreover, due to high confidentiality, this Copyright Registration is highly recommended by the valued clients.

 

What is a Copyright?

Copyright is concerned with original literary, musical or artistic works. These include computer software; any drawing, map, chart or plan; photographs and films; architectural works; sculptures; sound recordings; TV and radio broadcasts etc.

 

A trademark can be any word (PEPSI), name (TATA), symbol or device (Microsoft), slogan (Yeh Pyas Hai Badi & Thanda Matlab Coca Cola), package design (Coca-Cola bottle) or combination of these that serves to identify and distinguishes a specific product from others in the market place or in trade. Even a sound (Britania chimes) color combination, smell or hologram can be a trademark under some circumstances. The term trademark is often used interchangeably to identify a trademark or service mark.

 

Related Rights to copyright :

Copyright is about the right to copy. Copyright is a legal term describing rights given to creators for their original literary and artistic works which allow them to control their subsequent use. It is important to recognize that copyright is not a monopoly. Two people could completely independently create identical items. Provided there is no copying, there is no infringement and both can hold copyright in their respective works.

 

How do I obtain copyright-protection? The creators of such works automatically acquire rights, which mean that they can control their further use. The only absolute requirement is that the work is original, i.e. not copied from somewhere else and has required original intellectual effort by the author. Ownership normally rests with the creator but there can be situations e.g. employment contracts etc. which affect this. In general, copyright protection lasts until 70 years after the death of the owner.

 

A field of rights related to copyright has rapidly developed over the last 50 years. These related rights grew up around copyrighted works. They provide similar protection, although often more limited and of shorter duration. They cover a range of rights, which have been derived from copyright principles and are granted to e.g. performing artists, producers of sound recordings, broadcasting organizations in their radio and television programs, and creators/owners of databases.

 

How to obtain copyright?

Basically the act of creating a work also creates the copyright, which then subsists in the physical expression of the work. There is no formal registration process required in order to obtain protection. However, some national laws allow for registration of works and in certain countries registration can serve as prima facie evidence in court in case of infringement. You should therefore check with the competent office in your country.

 

How Saiipconsult helps you for your Copyrights Registration in India and worldwide?

  • Copyrights applications

  • Copyrights assignment, licensing and transfer

  • Copyrights Infringement and validity advice.

  • Copyrights Specific agreements.

  • Copyrights Litigation: opposition, rectification, appeals, and civil suits for infringement.

  • Copyrights Anti-piracy measures.

View Complete Details

Patent Registration

We are the reliable Service Provider rendering the best Patent Registration Services across India. Our Patent Registration Services are widely acknowledged amongst clients for their timeliness, high reliability, and cost effectiveness. The team of experts, assigned by us, makes the process of Patent Registration easier for the clients irrespective of the issues associated with it.

 

A Patent is a legal monopoly, which is granted for a limited time by a country to the owner of an invention. Merely to have a patent does not give the owner the rights to use or exploit the patented invention. That right may still be affected by other laws such as health and safety regulation, or the food and drugs regulation or even by other patents. The patent, in the eyes of the law, is a property right and it can be given away, inherited, sold, licensed and can even be abandoned. As it is conferred by the government, the government, in certain cases even after grant or even if it has been, in the meantime, sold or licensed, can revoke it.

  • A Patent gives an inventor the right for a limited period to stop others from making, using, selling or importing an invention without the permission of the inventor. That is why patent is called a "negative right"

  • Patents are generally concerned with functional and technical aspects of products and processes and must fulfill specific conditions to be granted.

  • Most patents are for incremental improvements in known technology - evolution rather than revolution. The technology does not have to be complex.

  • Patent rights are territorial; an Indian patent does not give rights outside of India.

  • Patent rights last for up to 20 years in India and in most countries outside India.

  • Depending on where you wish your patent to be in effect, you must apply to the appropriate body. In India, this is The Indian Patent Office. There are various Patent Offices around the world. Alternatively, a Patent Agent can apply on your behalf.

 

Legal Basis :

  • The Patents Act 1970, as amended by The Patents (Amendment) Act 2005.

  • The Patents Rules, 2003, as amended by The (Amendment) Rules 2006.

 

Filing Application :

Any person, even if he or she is a minor, may apply for a patent either alone or jointly with any other person. Such persons include the inventor, or his assignee or legal representative in the case of an ordinary application or, in the case of a priority application, the applicant in the convention country or his assignee or his legal representative. A corporate body cannot be named as an inventor. Foreigners and nationals not living in India need an address for service in India for this purpose. They may appoint a registered agent or representative whose address for service can be the address for service in India.

  • Place of filing : An application for patent must be filed at the Patent Office branch within whose territorial jurisdiction the applicant resides or has his principal place of business or domicile. A foreign applicant must file in the Patent Office branch having jurisdiction over the place where his address for service is located.
  • Priority : Priority can be claimed from the earliest corresponding application in a convention country, provided that the Indian application is filed within twelve months of the priority date. Multiple and partial priorities are allowed.
  •  Specification : A priority application must be filed with a complete specification in the first instance but a non-priority application may be filed with either a provisional specification or a complete specification. Where a provisional specification is filed in the first instance, a complete specification must be filed within twelve months. Where two or more provisional specifications have been filed, the specifications may be cognated and all the subject matter may be incorporated into a single complete specification to be lodged within twelve months of the date of the earliest filed provisional specification.
  • Naming of inventor(s) : As regards non-priority applications, the inventor(s) must be named in the application form. As regards priority applications, a declaration as to inventorship must be filed with the application or within a maximum period of six months.
  • Information of corresponding applications in other countries: It is necessary at the time of filing a patent application in India, to inform the Controller of the details of all corresponding applications in other countries and to undertake to keep the Controller so informed up to the grant of the Indian application. Failure to do so could result in the refusal of the application in case it is opposed, or even revocation of a patent in proceedings before the High Court.

 

Patent Publication :

Publication takes place 18 months from the date of the application. Urgent publication is possible on request on payment of fees. On and from the date of publication of application for patent and until the date of grant of a patent in respect of such application, the applicant will have the like privileges and rights as if a patent for the invention had been granted on the date of publication of the application. 11A[7]

  • Pre-Grant opposition of patent application : After publication but before the date of grant by way of representation, anyone may file opposition to the grant of a patent.
  • Publication of subject matter : The grant of an application is published in the official journal and is notified therein for post Grant opposition. A patent can be revoked within one year after grant by postgrant opposition proceedings before the Controller of Patents .
  • Revocation of a patent : It is possible on the grounds of prior publication anywhere in the world, public use or knowledge in India, lack of novelty with regard to the subject matter, obviousness, lack of inventiveness, ambiguity, insufficiency of description of the invention, fraud, false suggestion or representation that the person named as the inventor is not the true inventor, lack of utility, non-patentability of subject matter (e.g. food, drug or medicine per se, atomic energy, mere admixture, mere arrangement of known devices, process of testing, method of agriculture or horticulture, process of medicinal treatment), failure to furnish or falsity in material particulars of information regarding corresponding applications in other countries supplied to the Controller or that the invention is contrary to law or morality.
  • Annuities : Except in the case of a patent of addition, for which no annuities are payable, annual renewal fees must be paid during the life of an Indian patent, the first of such fees falling due at the end of the second year of the life of a patents granted. Renewal fees falling due during the pendency of the application are payable within a non-extendible period of three months from the date the patent is taken on record in the Register of Patents. Two or more year's renewal fees may be paid in advance if the patentee so desires. A maximum extension of six months may be obtained on payment of the prescribed penalty fees. If the renewal fee in question is not paid within the extended period available, the patent will lapse.
  • Restoration : A lapsed patent may be restored if an application for restoration is made within one year of the date of lapsing of the patent, provided it can be shown that the lapsing of the patent was unintentional and that there was no undue delay in making the application for restoration.
  • Working of patents : Every patentee and every licensee is required to furnish within three months from the end of the calendar year in which the patent is granted, a statement as to the extent to which the invention has been worked in India on a commercial scale in the preceding year. Non filing of this statement is a criminal offence.
  • Compulsory licenses : After three years from the date of sealing of a patent, an interested party may apply to the Controller for the grant of a compulsory license alleging that the reasonable requirements of the public with respect to the invention have not been satisfied or that the invention is not available at reasonable price. If the Controller is satisfied that a prima facie case for an applicant for compulsory license has been made out, he shall serve notice on the patentees who, if they so desire, may oppose the application for compulsory license.
  • Marking : It is not compulsory but advisable as otherwise damages may be difficult to recover in cases of infringement. The invention may be marked with the word "Patented" or "Patent" accompanied by the number and year of the patent.
  • Infringement : An infringement suit may be instituted by a patentee or his exclusive licensee. Every ground for revocation is available as a defense and revocation can be counter claimed in infringement proceedings. The Court may grant relief in respect of a valid claim or claims even though one or more other claims in the suit may be held to be invalid. Relief may include damages and costs as awarded by the court. A suit for injunction may be instituted and damages recovered in cases where there have been groundless threats. Any person may institute a suit for declaration as to non-infringement of a patent. Onus of proof of non-infringement lies with the defendant.

 

Patents and Computer Software :

It is possible to patent programs for computers which, when run on a computer produce a "technical effect or includes hardware" . However, if a program does not produce a technical effect when run on a computer it is unlikely to be patentable. A technical effect is generally an improvement in technology and needs to be in an area of technology, which is patentable. For instance, an improved program for translating between Japanese and English is not patentable because linguistics is a mental process, not a technical field. On the other hand, a program, which speeds up image enhancement, may be patentable because it produces a technical improvement in a technical area.

 

Some countries, such as the USA, which may be a large potential market for your software, have a more liberal approach to software patenting and often grant patents for software, which would be excluded in India and other countries.

 

Deciding whether or not a particular computer program is patentable is a complex issue and advice from a Patent Agent may help to determine which is the most effective form of protection available.

View Complete Details
Tell Us What are you looking for? Will call you back

Contact Us

  • Sunil Waghmode (Shree Sai Ip Consultant Pvt. ltd.)
  • No. 70 Sbs Nagar Gate No. 5 Wadala , Mumbai, Maharashtra, India
  • Share us via
  • Call 08068051334 Ext. 341