Legal Question in Intellectual Property in India

patent laws

i have developed a new genetically enginerred product usefull for treating tumor .i want to patent it .pls advice


Asked on 2/10/08, 8:48 am

8 Answers from Attorneys

Rajneesh KSharma SOLO ATTORNEY

Re: patent laws

hi!

i am a patent attorney with masters in biotechnology.

u can patent the gem product as well as its formulation.

also falling within the ambit of patentability would be the method/processes involved in obaining the so called product.

for me as an attorney to comment further would be beyond the scope since ur information is very limited.

i need to have a look at ur invention disclosure and a telephonic discussion with u.

KINDLY REVERT BACK WITH MORE INFORMATION IN CASE U ARE REALLY INTERESTED.

rajneesh

9810237334

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Answered on 2/10/08, 10:59 pm
Shalini Chawla DJS Partners.com

patent laws

Dear Sir/Maam

Whether or not your PRODUCT would be patentable is a very generic question. It is very much dependent of

A)What your product is? (whether it is a microorganism, a living entity, a vector, �etc)

B)How different is your product from the art known or generally available in the public domain?

C)Where exactly are you seeking a patent?

As you may be aware patents are territorial in nature and �Patentability� is dependent on the laws prevalent in the respective country. For example in US, generally, anything under the sun is patentable whereas in India only genetically modified microbes are patentable as of now. European patent office has till now not been too open for patenting of genetically modified organisms yet the law is changing and there are recent case laws available which favour patenting of genetically modified organisms.

All in all a thorough understanding of your research and atleast a basic understanding of the patent laws of the country of your interest would be required for a complete patentability analysis. It may not be possible to give you a legal opinion at this stage or a Yes or No answer to your one line question, however I am sure you have attained general & better clarity of the situation.

Feel free to revert back in case you need any further clarifications.

Yours truly

Shalini Chawla

B.Pharm,

M.Sc Biotech, LL.b

Advocate and Registered Patents and Trademarks Attorney

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Answered on 2/11/08, 12:49 am
Shalini Chawla DJS Partners.com

patent laws

Dear Sir/Maam

Whether or not your PRODUCT would be patentable is a very generic question. It is very much dependent of

A)What your product is? (whether it is a microorganism, a living entity, a vector, �etc)

B)How different is your product from the art known or generally available in the public domain?

C)Where exactly are you seeking a patent?

As you may be aware patents are territorial in nature and �Patentability� is dependent on the laws prevalent in the respective country. For example in US, generally, anything under the sun is patentable whereas in India only genetically modified microbes are patentable as of now. European patent office has till now not been too open for patenting of genetically modified organisms yet the law is changing and there are recent case laws available which favour patenting of genetically modified organisms.

All in all a thorough understanding of your research and atleast a basic understanding of the patent laws of the country of your interest would be required for a complete patentability analysis. It may not be possible to give you a legal opinion at this stage or a Yes or No answer to your one line question, however I am sure you have attained general & better clarity of the situation.

Feel free to revert back in case you need any further clarifications.

Yours truly

Shalini Chawla

B.Pharm,

M.Sc Biotech, LL.b

Advocate and Registered Patents and Trademarks Attorney

Read more
Answered on 2/11/08, 12:50 am
NISHANT KAUSHIK Juris Legam

Re: patent laws

the invention should patent or not, is that really useful? those are few questions which can be decided when u'll unleash the details to any lawyer..

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Answered on 4/17/08, 5:54 am

Re: patent laws

it is a lengthy process for getting ptent of an invention or unique work for which you are required to contact personally.So contact with details,professional charges are applicable.

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Answered on 2/12/08, 12:07 pm

Re: patent laws

it is a lengthy process for getting patent of an invention or unique work for which you are required to contact personally.So contact with details,professional charges are applicable.

Read more
Answered on 2/12/08, 12:07 pm

Re: patent laws

it is a lengthy process for getting patent of an invention or unique work for which you are required to contact personally.So contact with details,professional charges are applicable.

Read more
Answered on 2/12/08, 12:07 pm

Re: patent laws

Any new inventions or innovations can be patented in India by registering with the Patent organisation and I can help in registering such patents thro' a Patent Agent with whom I have got a tie up.

If u are interested pls.contact 9994675721 or 04222405448

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Answered on 2/13/08, 11:02 pm


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