MR. KAVIRAJ SINGH, PRESIDENT OF NBAI (FOUNDING PARTNER – TRUSTMAN & CO) WILL PRESIDE CMS WORLD FORUM AS AN EMINENT SPEAKER, AT MADRID ON OCT 16th – 20th 2012. Mr. Kaviraj Singh will share the will share their experiences on best practices, trends and challenges for the collections industry in the BRIC panel and there will be other senior speakers from different countries, such as Russia, China and Brazil The National Congress of Credit & Recovery becomes this year’s World Forum CMS. From 16 to October 20 inclusive will be held in Madrid two major conferences and a wide range of extracurricular activities, under the slogan “Sharing knowledge on credit.” CMS has coordinated its renowned event with FENCA (European Federation of National Associations of Collection) to generate a unique experience for Credit & Recovery experts around the world: Credit & Collection World Week. More than 800 leaders from more than 30 nationalities will share current knowledge about credit & collections: trends, experiences, success stories, solutions, visits to the major collection agencies in Spain, networking and exclusive content for a demanding audience looking to be always to the forefront. Trustman is a leading law firm in India specializing in Debt Collection, Litigation, Cross border transactions and legal outsourcing. # # # If you’d like more information about this topic, or to schedule an interview with Mr. Kaviraj Singh, please call Ms. Priya Arora on +91-9650345760 or e-mail priya_arora@nationalbarindia.com.
Category Archives: Patent Law India
Patent PCT Application FIling India
The patent cooperation treaty (PCT) is a multilateral treaty entered into force in 1978. Through PCT, an inventor of a member country (Contracting state of PCT can simultaneously obtain priority for his/her Invention in all/ any of the member countries, without having to file a separate application in the countries of interest , by designating them in the PCT application .India joined the PCT on December 7, 1998. All activities related to PCT are coordinated by the World Intellectual Property Organization (WIPO) situated in Geneva. In order to protect your invention in other countries, you are required to file an independent patent application in each country of interest; in some cases , within a stipulated time to obtain priority in these countries .This would entail a large investment, within a short time, to meet costs towards filing fees, translation, attorney charges etc. In addition you are making an assumption which, due to the short time available for making the decision on whether to file a patent application in a country or not, may not be well founded. Inventors of Contracting States of PCT on the other hand can simultaneously obtain priority for their inventions without having to file separate application in the countries of interest ; thus saving the initial investments towards filing fees, translation etc. In addition the system provides much longer time for filing patent application in member countries . The time available under Paris Convention for securing priority in other countries is 12 months from the date of initial filing. Under the PCT, the time available could be as much as minimum 20 and maximum 31 months. Further, an inventor is also benefited by the search report prepared under the PCT system to be sure that the claimed invention is novel. The inventor could also opt for preliminary examination before filing in other countries to be doubly sure about the patentability of the invention. The patent office or nay other office designated by each contracting state becomes a receiving office for receiving patent applications These applications are referred to International Searching Authorities (ISA) which usually the patent offices, appointed to carry out the patent search on a global basis. In case the receiving office is also an ISA, a separate referral is not required . There is also a provision to get a patent application examined by international preliminary Examining Authorities which, in most cases are ISA. A search report on the patent application filed with a receiving office is received by the applicant/inventor 16 months after the priority date which is nothing but the date of submitting the application in the receiving office. The International Bureau of the WIPO publishes the application and the search report 18 months after the priority date. The original application is then sent to the designated offices indicated in the application. Within two months of this i.e. by the 20th month, the applicant will have to formally apply to the patent offices of these countries for grant of patents by paying official fees and completing other formalities stipulated by these offices (some countries). In case translated copies of the application are required, the same has to be furnished by the applicant. Inspite of submitting the request for grant of patents in designated countries in the 20th month after the priority date, the priority in these countries is the same as the date of filing the original PCT application. If applicant/inventor has requested for an examination report, the report is usually received by the applicant /inventor about 28 months after the priority date. Within two months of this, the applicant/inventor will have to formally apply for grant of patents in designated countries .The priority of the application is maintained in the designated countries.
(a) By the end of the 20th to 31st month the applicant is in a better position to assess the quality of the invention being protected as a detailed search report or an examination report or both would be available to help making an assessment.
(b) Applicants can re-evaluate their decision about filing applications in all the designated countries after a long gap of 20 to 31 months.
(c ) If not satisfied, applicants may decide to drop a few countries from the list. This decision would also be influenced by the changing market conditions.
(d ) Applicants can delay their investment in respect of the national phase or the regional phase applications by 20 to 31 months without sacrificing priority.
Government Fees for Patent PCT application India
| Government Fees for Patent PCT application India |
Fee (USD) for legal entity |
| Filing a patent application - Official Fee (Per priority claimed) Additional claim over 10 claims (per additional claim) Additional pages over 30 (per additional page) |
1OO 20 10 |
| Translation Cost (if in English) |
NIL |
| Administrative Expenses (Courier, Email, etc) |
50 |
| Filing a request for substantive examination |
270 |
|
|
(*Official fees for individuals is 1/3)
Patent Form 27
Form 27 is basically in the nature of a declaration by the patentee or its licensee(s), describing the extent of commercial exploitation of the patent in India in the past year and needs to be filed in relation to each patent granted. A patent is a monopoly right granted in favor of a patentee to utilize and monetize the patented invention to the exclusion of others. This is done with an objective of encouraging the development of new and useful inventions and technology for public good. However, the purpose of grant of an exclusive monopoly right will become futile if the patentee does not commercially exploit the patent to the optimum, for the use by public. Thus, to keep a track on the magnitude of working of patents in India, the Indian Patent Act, 1970 (“Act”) provides for the requirement of filing Form 27 by each patentee (or its licensee (s)), every year and this must be filed with the appropriate patent office in India (i.e. the original patent office where the patent was initially filed) before March 31st of the succeeding year. A separate form is required to be filed in respect of each patent including in cases of related patents having common patentee. No official filing fees is required to be paid along with this Form 27. Any person who is required to submit Form 27 or such additional information as called for by the Controller fails to submit Form 27 shall be liable to penalty which may extend to INR 1,000,000 (i.e. INR One Million or approx. USD Twenty Thousand Dollars) . Further, if it is discovered that the information provided in Form 27 is false, the provider of the information may become liable for imprisonment for a term which may extend to six months, or with fine, or with both
Patent assignment, revocation & licence India
Assignments
A patentee may assign the whole or any part of the patent rights to the whole of India or any part thereof. There are three kinds of assignments: legal assignment, equitable assignment and mortgages. An assignment of an existing patent is a legal assignment where the assignee may enter his name as the patent owner. A certain share given to another person is called an equitable assignment and a mortgage is when patent rights are wholly or partly transferred to obtain money.
Licenses
A patentee may, by a license, permit others to make, use, or exercise, the invention which otherwise would not be allowed. The license should be in writing and the terms of which must be given in the application filed with the Controller. A license maybe given in express terms or implied from the circumstances. An exclusive license excludes all other persons including the patentee from the use of invention In a limited license the limitation may arise as to persons, time, place, manufacture, use or sale.
Compulsory Licenses and Government use of inventions
Under certain circumstances like when reasonable requirements are not satisfied, a very high royalty is quoted, when a patent cannot work without another related patent or on notification by the Central government, the Controller can grant a license to an interested person.
The Central or State government can use for a purpose of its own all patented inventions or processes either with or without royalty.
Revocation of a patent
A patent may be revoked by various modes namely revocation in the public interest by the Government or relating to atomic energy by Controller. A patent may also be revoked for non-working. The High Court may revoke a patent on noncompliance with the requirements for use of an invention or on petition by a person interested on various specified grounds.
A patentee may at any time offer to surrender his patent by giving notice to the Controller, whom after hearing the parties may revoke the patent.
