Soon China Will Demand Patent Protect and the Tables Will Turn

Patent Piracy is a huge problem for United States Businesses. Much of this International Crime is being committed by Chinese Business Entrepreneurs and the problem is so bad that it is running ramped. How bad is it?

Beat the (Patent) Clock

A patent is a very important part of the process of inventing. But there are certain aspects of this process that are a complete surprise to many inventors when they finally learn the reality of the patent process.

Understanding the Patent Application Process

The rules applicable to the US patent process, particularly the procedural and substantive choices which can be made, sometimes seem endless and confusing. With this in mind, this article is intended to be a broad overview of the patent prosecution process in the United States.

Intellectual Property – Patent Dispute – Revocation

In the case of Merz Pharma GmbH and Co KGaA v Allergan Inc [2006], a dispute arose as to the validity of a patent for the use of Botulinium toxins in a type of medical treatment.

Patents In India - Interpreting The Claim Language

To get acquainted with the patent claim drafting is a difficult task and the general trend prevailing during the examination process and the court’s observation has to be analyzed and understood before one start writing claims for a patent.

Intellectual Property, Patent Law, Patent Infringement Invalidity Regulatory Law Pharmaceutical

In the case of Les Laboratoires Servier and Another v KRKA Polska SP.ZO.O. and Another [2006], the claimants made an application for an interim injunction to prevent the marketing and distribution of a drug which they claimed infringed their patent. The claimant companies were in the business of manufacturing and researching pharmaceutical products. The first claimant was the second largest French pharmaceutical company worldwide, and the second claimant was a wholly owned subsidiary that marketed and researched such products within the UK.

Provisional or Non-provisional Patent Application - Which Should You Choose?

An article discussing that a provisional patent application is not a patent, and usually never becomes a patent, unless directly converted. It automatically expires after twelve months following the day of filing and cannot be revived. Because it must be converted, it is more costly in the long run to obtain a patent by first filing a provisional application.

Patent - The Essential Information

When you have dreamed up the next best thing to hit the market, the latest craze or invention, how do you protect this idea before someone else snatches it up? Your thoughts and ideas are known as intellectual property. Did you know that you can lay claim to your future invention and let the whole world know that it is yours? This way, you don't have to worry about someone stealing your intellectual property (at least, legally). The best course of action for protecting the idea of your invention is through applying for a patent.

Growing Need of Competitive Technological Intelligence

With the beginning of globalization, lower production costs and escalating production, competitiveness has become a necessity in the new information society. Knowledge has become the key corporate asset which enables companies to maintain their market competitiveness. Presently, companies are involved in various types of intelligence such as competitive, strategic, economic and business intelligence.

China Patent System - An Overview

There was no sustained indigenous intellectual property protection system in China for long. The People's Republic of China (PRC) began to establish an intellectual property protection regime based on the Soviet model during the year 1949. In 1978, China adopted the open-door policy. The Patent Law of China was first promulgated on March 12, 1984. There are three types of patents: patents for inventions, utility models and designs.

Design Patents

A design patent may be useful in your business. This article breaks down what a Design patent is. The type of patent we are covering in this article is the design patent. Like the name suggests, a design patent is used to grant the inventor rights to how an invention actually looks. The design patent is unique because it is only given when the inventor has created something that is new, and it only protects the appearance of the invention. Therefore, design patents are only concerned with the aesthetics of the invention, and not how it is constructed or the materials that compose it. Usually the design patent protects the inventor for a period of fourteen years. The design patent specifically protects the way in which the invention appears. To be approved for a design patent, the Patent ....

Patent Laws Defined, Part I

This article will break down some of the laws that a patent carries. An Overview of Patent Laws These laws are difficult for a non-lawyer to understand, but not impossible. The patent laws administered by the Patent and Trademark Office are contained within Title 35 of the United States Code. The USPTO oversee the laws dedicated to patents. Title 35 of the United States Code is further divided into four parts:

Plant Patents

This article will give you a breakdown of what a plant patent is. The first type of patent is called a plant patent. It is usually given to people who have invented a new plant hybrid. It is also given when a new variety of plant has been discovered, and the person has successfully been able to reproduce it. Not every plant can be patented; for example, the Patent Office will not issue a patent for a tuberous plant. A plant patent is usually given for a duration of twenty years. A plant is considered by the Patent and Trademark Office as being living thing that has its own natural composition. The natural composition of a plant is made possible by the genes the plant possess. These genes can be reproduced....

Patent Research - Part I

Before you register a patent you need to do some basic research. Not only is it the job of the United States Patent Office to issue patents, it also maintains a database of the patents that have been granted. The majority of patents issued by the Patent and Trademark Office are utility patents. With such a large amount of these patents issued yearly, it is necessary for the inventor to research whether someone else has already patented their newest invention.

Impact of Product Patent on FDI in Indian Pharmaceutical Industry

An Ordinance on Patents (Third) Amendment was promulgated by the Government on December 26, 2004 to make the Indian patents law WTO compliant and to fulfill India’s commitment under TRIPS to introduce product patent protection for Drugs, Food and Chemicals with effect from January 1, 2005. The new Patent regime brings both opportunities and challenges to the domestic pharma industry. Even larger Indian companies lack the financial muscle to be major international player in basic R&D, that involves discovery of new chemical entities (NCEs). They would be helped by the government's decision not to restrict patenting to NCEs. The Patent Ordinance issued recently defines the term patentability as per the TRIPS guidelines but does not exclude patenting of incremental inventions like new drug delivery systems, polymorphs etc, brightening the chances of Indian companies to benefit from the patent regime, but it may act as a disincentive for the international Pharma firms to invest in India. So we can anticipate that product patent is going to have a very little impact on the FDI scenario in a country like India.