Get Patents & Reap Benefits

Today, we are living in the age of information technology & spreading our wings to every aspect of the society. We exchange our information (ideas, techniques, process, and product) to a target group but we never come to know this thing that someone is also targeting our information. So we are much prone to unintentionally leakage of our precious ideas as our information passes through different portals.

It is the human tendency to share their innovative thoughts with their near & dear ones but that proves fatal, in most of the cases, in respect of the that original creation or your property i.e. intellectual property (IP).Most of the people acts indiscreetly & ignorantly which results in jeopardizing the chance of saving their intellectual property i.e. novelty of ideas as they comes under public domain & lose their chance to be protected by the INELLECTUAL PROPERTY RIGHTS.

Intellectual property literally means some academic or scholar work. Intellectual property (IP) pertains to any scholar or any original creation of the human intellect; that work can be artistic, literary, technical or scientific creation.

Intellectual property rights mean those rights which are given by the State to the inventor or creator to protect one’s invention or creation for a certain period of time.

Need for intellectual property rights:-

For individual: - IP helps to protect investment of time, money, effort & such other resources of the inventor or creator.

For public:-IP provides a pool of information to the general public since all forms of IP are published in journals & magazines except in case of trade secrets.

For country:-IP provides a mechanism of handling infringement, piracy and unauthorized use & it encourages industrial development & technological advancement which leads to overall economic development of the country.

Bundle of rights:-

IPR are bundle of rights i.e. it includes the various independent rights. Following are the various independent rights for which IPR collectively provides protection:


1. Patent Right(Patent Act,1971 & Patent Rules,2000)


2. Industrial Design(Design Act,)


3. Trademarks (Trademarks Act)


4. Copyright(Copyrights Act)


5. Geographical Indication(Geographical Indication Of Goods Act)


6. Trade secrets(Common Law)


7. Circuit Layout Design(Semiconductor Layout Design Act)


India at International level:-

• The fact that India is a member state of World Intellectual Property Organization (WIPO), an international organization, responsible for the promotion of the protection of intellectual property throughout the world proves that India has proved its potential & has been acknowledged at international level.

We are here concerned with Patent Law; A patent is an exclusive right granted to inventor or creator of a useful or improved article or a new process of making an article for a specified period of time. After the expiry of the duration the invention becomes part of public domain i.e. everyone can use it. So Patent means monopoly rights of inventor in respect of an invention.

Geographical limits of the patent:-

Patent is granted for a specific invention in a particular country in which an application is made for the same cause. There is no international patent as such though it has acquired an international character. For e.g. a patent granted in India is valid only for India and not in the USA. However, a patent granted in the EPO is valid in all the contracting states recognized by European Patent Organization. The protection so granted in a country / region not only identifies the rights of the creator/ inventor or his assignees, but also enables the right holder to enforce his rights against infringers.


Moreover, several international agreements, treaties & conventions exist to monitor that the inventor/creator are not denied of his/her rights like European Economic Community Treaty(EEC),Patent co-operation Treaty(PCT),European Patent Conventions and Protocols(EPC),Community Patent Convention and Protocols(CPC) resulting in a common patent office for granting common patents applicable to the member countries.

What can be patented?

Only inventions can be patented.Sec.2 (1) (j) defines invention as an invention means a new product or a new process involving an inventive step & capable of industrial application. Invention includes within its scope any new & useful improvements of any manner of manufacture, article or substance whether patented or not but such improvement must qualify independently to satisfy the pre-requisites of the patent i.e. novelty, inventive step & capable of industrial application.

Who may apply for patent?

An application for a patent may be made by inventor, either alone or jointly with another, or his/their assignee, legal representative of deceased inventor or assignee are entitled to apply. For e.g. If a person invents a new product or process & unfortunately soon after that he dies then his legal heirs can or any person authorized by him before his death can apply for patent.

Term & date of patent:-

Term of every patent will be from 20 years from the date of filling of patent application & date of patent is the date on which the application for patent is filed, irrespective of the fact whether it is filed with provisional or complete application. To keep the patent in force renewal fee is to be paid every year. The first renewal fee is payable for the third year of the patent’s life & must be paid before the patent’s second anniversary. Term of patent can’t be extended beyond the specified term of patent.

Where a patent application should be filed?

The Indian Patent Office has its head office at Kolkata, which has three branch offices located at Mumbai, Chennai and Delhi. The Controller General heads the Patent Office and each branch has a Controller as its head. In case of an Indian applicant, the patent application must be filed at the patent office under whose jurisdiction the applicant’s has his place of work, or place of residence or place where he conduct business from.

For e.g. if an applicant provides a Chandigarh based address, the application must be filed at the Delhi Patent Office. In case of foreign applicant/s, the jurisdiction in which the patent application is filed would be based on the address for services of the applicant’s agent. For e.g. if the address for services for foreign applicant is based at Bangalore, the patent application must be filed at the Chennai Patent Office.

What are the rights given to the patentee?

The patentee (i.e. an applicant who has been granted a patent) has the exclusive right to prevent unauthorized third parties from making, using, offering for sale, selling or importing the patented product or process in India.

Patent information centre:-

Patent Information Centre (PIC) has been set up in 20 states & is further expanding in other states. Patent information centre provides information regarding the techniqulities & procedure laid down by the government to get a patent. One can get all the information regarding the filing of the patent application & further procedure up till the patent is not granted. The centre provides general precaution for the applicant before & after applying for a patent. The most common mistake which an applicant often does is to publish their invention in newspaper or scientific & technical journals, before applying for patents.

Publication of an invention, even by the inventor himself, would (except under certain rare circumstances) constitute a bar for the subsequent patenting of it. Similarly, the use of the invention in public, or the commercial use of the invention in public or even in secrecy, prior to the date of the patent would be a fatal objection to the grant of the patent. However the secret working of the invention by way of reasonable trial or experiment, or the disclosure of the invention to other confidentially may not result into loss of novelty.

Another mistake, which is frequently made by the inventors, is to wait until their inventions are fully developed for commercial working, before applying for the patents. Delay in making application for a patent involves certain risks. so it is advisable to apply for the patent as soon as one’s invention get a physical appearance with 3-D drawings sheets depicting the whole model.

Incentives for obtaining patents:-

An innovative industry can gain competitive advantage in the market if it develops the necessary expertise and skills in developing and manufacturing new products, which are patented. For example, the advantage of a three year excise duty exemption or exemption from Drugs Price Control Order may translate into reserves / income which may offset the cost towards R&D. In order to promote R&D and innovation in Indian industries, Government of India provides a number of fiscal incentives and support measures to industries. Some of them are following:-

• Excise duty waiver on the patented article for a period of 3 years from the date of commencement of commercial production provided that such products be designed &developed by wholly owned Indian companies.

• Exemption from drug price control for a period of 5 years from the date of commencement of commercial production provided that they are produced from the basic stage by a process of manufacture developed by the unit through its own R&D efforts.

• Weighted tax deduction @ 150% on R&D expenditure is available to companies engaged in the business of biotechnology, or the business of manufacture or production of drugs, pharmaceuticals, electronic equipment, computers, telecommunication equipment, chemicals and manufacture of aircraft and helicopters. The expenditure on scientific research in relation to drugs and pharmaceuticals shall include expenditure incurred on clinical trials of drugs, obtaining approval from the regulatory authority under any Central, State or provincial Act and the filing of a patent application in India.

• Depreciation allowance at a higher rate is available in respect of plant and machinery installed for manufacturing goods based on indigenous technology developed in recognized in-house R&D units, Government R&D institutions, national laboratories and Scientific and Industrial Organizations (SIRO). The present rate of depreciation for plant and machinery is 40% as against 25% for other plants and machinery.

• Income tax exemption:-Under Section 35(1)(i) of the Income Tax Act 1961, the revenue expenditure on scientific research, by recognized R&D units, on activities related to the business of the company is allowed full deduction. Under Section 35(1)(iv) expenses of capital nature could be deducted totally from the income of the year in which the expenses have been incurred. Section 35(2AA) of the IT Act 1961 provides for a weighted tax deduction of 125% for expenses on sponsoring research programmes at National laboratories functioning under ICAR, CSIR, ICMR, DRDO, Department of Biotechnology, Department of Atomic Energy, Department of Electronics; IIT and universities.

3 Hidden Benefits of Hiring a Criminal Defense Lawyer

Being accused of criminal offence is a traumatic experience especially when you are not guilty and unaware of the legal procedures. Not every accused person is guilty. But, if you do not choose a specialized criminal defense lawyer, you won't be able to prove your innocence in front of court. It is a wrong tendency among many people to think that they can handle the case on their own. But end up doing further damage to the case. A professional criminal defense lawyer can fight for your rights and draw a successful conclusion to the case.

A specialized criminal lawyer will not only defend your rights on court, but will also:

* Reduce your punishment or imprisonment: Criminal defense lawyers can help even if you are found guilty. A skilled attorney can minimize your sentence and fines. However, it is important to hire a lawyer as soon as you are charged with a criminal offence. Any kind of negligence can cost you a lot in the long run. A qualified lawyer will arrange all the evidences to build a strong case in your favor to reduce your punishment in case you are found guilty. A reputed lawyer will have good reputation in court. Perhaps he knows some of the court officials and prosecutors. This will help him negotiate deals and plead to lessen your punishments.

* Investigate your case: Perhaps the police officer who arrested you has missed some of the most vital evidences that can prove your innocence. Your attorney will investigate the case critically. He will employ a variety of resources to arrange evidences to defend your rights. Criminal defense lawyers are experts about every aspect of law. They know how to deal such cases for a favorable outcome.

* Provides you peace of mind: No matter how much you know about law, or even if you are a lawyer, do not represent yourself on your own. It is important to hire a specialized lawyer who has no emotional ties with your case. Your lawyer's honesty and experience will play a crucial role to defend your rights. Remember, you conviction will not only affect you, but the future of your family as well.

Moreover, it will affect your career opportunities as well. So, it will be a wise decision from your side to hire a reputed attorney who can help you avoid such disasters. By hiring an attorney, you know that in one of the most devastating times in your life, you have an expert professional beside you.

If you are looking for an expert lawyer in the field of criminal defense, Harris County has ample of options for you. But, it is important you check the reputation and record of the attorney before hiring.

Worker Compensation Claim Attorney

Author: lawyer project

Workers' compensation, (frequently referred to as workers' comp) is an insurance that provides medical benefits and wage replacement for employees who are injured on the job, in exchange for the employee relinquishing the right to sue his or her employer for negligence.

Workers comp claims are often not as cut and dry as one might expect as some states require employers to carry insurance that includes employee benefits over and above lost wages, such as travel expense reimbursement, rehabilitation benefits and permanent partial disability benefits, etc.

Consult a worker compensation attorney for advice on your case if you have questions or believe your workers comp claim is not being handled in a fair manner.

Every state mandates worker compensation coverage for the majority of workers in their respective states. Plans do differ between states, but provisions can be made for weekly payments to replace lost wages, economic loss compensation (both past and future) and reimbursement or payment of medical and like expenses such as surgery, prescription medicines, rehabilitation, etc.

Dependents of a worker that was killed on the job may also receive benefits. In general, punitive damages for employer negligence or damages for pain and suffering are not available in workers comp plans. A worker compensation attorney can answer your questions and guide you through the claims process if you have suffered from an injury at work and are unclear on what benefits you are owed.

The most common benefit of workers compensation is wage loss. An employee is entitled to receive wage loss benefits if they have missed work due to an injury incurred on the job. In some cases, a person actually loses their job due to an injury sustained at work, which may also entitle the claimant to workers compensation benefits. There are two types of wage loss:

• Temporary total disability – this is when the insurance company must pay the claimant while they are off work due to their injury
• Temporary partial disability – this is when the insurance company must pay if the claimant has to change jobs and makes less money than in their previous job.

Workers compensation laws were enacted to ensure that people injured on the job would receive medical care for injuries and illnesses sustained at work, with financial compensation that would amount to a percent of lost wages. The system in theory is supposed to be easy for an injured worker to navigate, but unfortunately it is far more complicated than one would hope.

Whether you are fighting a denied claim, seeking more benefits or just have questions, contact a workers compensation attorney who can assist you in the claims process as you pursue the maximum financial remedy for your injuries.

How To Apply For A Student Visa

Author: Michael Moody

Prospective students applying to academic programs should start contacting schools at least a year before they plan to start their studies. Most students submit between five and ten applications to many schools. After a student has been accepted to a school, the school will issue a Certificate of Eligibility form, more commonly called a SEVIS I-20. The school will complete this form. This form is the school's official statement to the US government that the student has

-submitted all the correct documentation to the school,
-meets the qualifications for admission to the school
-has been admitted for a full time course of study.

Once the student receives the Form I-20, he/she should review the document and should there be any mistake, the student should send it back to the school for correction. If the student is under 18 years old, he/she should get the Form I-20 signed by a parent or guardian.

After receiving the Form I-20, the next step in the application process is to apply for a student visa (if the applicant is outside the US.) or apply for a "Change of Status" (if the applicant is already in the U.S.). It is recommended to start the student visa application or change of status process as far in advance as possible, but note that F and M visas will not be issued more than 120 days before the start-date as found on Form I-20.

Applying for a Visa or a Change of Status

Students applying to change their status will deal directly with USCIS. He/she should file Form I-539 Application to Extend or Change Non immigrant Status.

If a student has entered the US on a visitor visa and wants to change status to F-1 or M-1, he/she has to wait for the change of status application to be approved before starting the course of study else the application will be denied.

Applying for a Student Visa at a U.S. Consulate

A prospective student with a Certificate of Eligibility (SEVIS I-20) from a US school can apply for an F-1 or M-1 visa at a US consulate in his/her home country. The student must be physically present in order to apply.

Students generally can apply for a student visa up to 90 days before registration will begin at their school. Considering processing delays, it is better to apply as soon as possible within that 90-day period. Some consulates do accept student visa applications before the beginning of the 90-day period, to allow time for security clearances and other delays. Students have to contact the local US consulate regarding its application procedures. Many consulates insist on advance appointments. Just getting an appointment can take several weeks, so applicants should plan properly.

Once the student gets in touch with the consulate, he/she will have to complete the visa application
-Form DS-160. This form should be the electronic "e-form application." available at https://ceac.state.gov/genniv/.
-Form I-134, Affidavit of Support: Those students who do not have sufficient funds to support themselves while in the US should submit evidence that an interested person will provide support.

Form I-134 is used to ensure that while the foreign student is in the US, he/she will not become a public charge. The person who signs Form I-134 on behalf of the foreign student is called the "sponsor". By signing Form I-134, the sponsor agrees to assume financial responsibility for the foreign student in the event that the student becomes unable to meet his/her living expenses.