Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations. Disclaimer The Bar Council of India restricts any form of advertisements.
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Patent attorneys with expertise in various technology sectors work closely with clients to perform patent searches and draft patent applications. During patent research, patent attorney conducts a key word search of the granted patents and published patent applications across various patent database platforms.
The patent searches are based on the features of the innovation by themselves and in combination. To expand the scope of the patent search , keyword search is also performed across various Non-Patent Literature NPL resources to ensure that all the related prior art is retrieved.
Patent attorneys conduct comprehensive research before drafting software patents and mobile app patents. The patent research work also includes comparison between features of the innovation and prior art references.
Patent attorneys with expertise in various technology sectors work closely with clients to perform patent searches and draft patent applications. During patent research, patent attorney conducts a key word search of the granted patents and published patent applications across various patent database platforms.
The patent searches are based on the features of the innovation by themselves and in combination. To expand the scope of the patent search , keyword search is also performed across various Non-Patent Literature NPL resources to ensure that all the related prior art is retrieved. Patent attorneys conduct comprehensive research before drafting software patents and mobile app patents.
The patent research work also includes comparison between features of the innovation and prior art references. On certain occasions, a patent claim chart is also prepared to illustrate the relationship between prior art and the innovation features to draft a patent application. Patent Research Firms offer high value software patent drafting and patent due diligence services to clients by using proprietary and efficiently proven process along with a fixed fee costs, for performing comprehensive patent investigations and providing clients with strong patent reports for decision making.
Software is protected under copyright, patents and at sometimes under the trade secrets. Even though we have legal provisions for IP protection, but the country fails in having a developed jurisprudence and therefore, American approach is applied majority of the times in dealing with such cases. Even the amended Information Technology Act of does not talk about the IP protection of computer software and programs.
According to Sec. However, the Act does not distinguish between the source codes and object code and so, both are covered under the literary work of the computer program.
However, for a software or computer program to be granted copyright protection, it is essential that the work is original. As a general rule, the owner of the copyright is the author of the work himself. However, in case of employee-employer relationship, unless an agreement to the contrary, if the work is made during the course of the employment, employer is the first owner of the work.
Similar to the case of employer-employee relation is the case with the software and computer program. The owner of the copyrighted software has exclusive right to store and reproduce the software. Any third party doing the same without property authority will be liable for copyright infringement.
However, the Act permits fair use and reverse engineering of the program and the same won't constitute to be an infringement. Further, creating copies or adaptation of such program by a lawful possessor of such program in order to create temporary back up for the chances of loss or destruction of such software program, for the purpose for which it was transferred, shall not amount to infringement.
In addition to these, any person having been granted a license by the copyright owner to use his copyrighted work, cannot be made liable for copyright infringement.
Though the expression of the methods of programming codes can be copyrighted, the operational methods and principles of the program cannot be granted a copyright. Also, since reverse engineering is a fair use of the program, reverse engineering of trade secret is permissible. Hence, patent becomes essential for protection of software as patent works on scope and not on how one developed the work.
Patent can be an ideal solution when the question concerns protection of ideas and functional aspect of a software. But, for being granted a patent, it is necessary that the program is not merely an algorithm but is a technical invention that is eligible for such grant of patent. As per Sec. However, a software can be patented if it is attached to an invention and that it is a component of such invention. To avoid the claim of sec. Similar to copyright, patent laws also allows the patent owner to give license or assign his patented work to any individual or third party giving them certain rights over patented work.
Such license is to be granted by a written agreement wherein all the terms and conditions are precisely mentioned. Idea, structure or design specification of software may be included as a trade secret. Trade secret protection depends on the nature of the software and how it is distributed.
A software which is distributed only as an object code can be protected partially if the source code is kept confidential. However, there are several limitations to trade secret acting as a method of protection. There is no way the owner can have a remedy against any person or party who is able to reverse engineer the trade secret from the data made available in the public domain. It is further important to mention that if software or computer technology is vulnerable and can be easily copied, then such technology is not fit to be a trade secret.
Patent Research Firms offer high value software patent drafting and patent due diligence services to clients by using proprietary and efficiently proven process along with a fixed fee costs, for performing comprehensive patent investigations and providing clients with strong patent reports for decision making.
We provide comprehensive Patent and Trademark legal services via our global network to create valuable patent portfolios and resolve complex patent disputes by providing patent litigation support services. Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent intellectual property agreements, including licensing and non-disclosure agreements.
We work closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe.
Global Blockchain Lawyers www. Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations. You must be logged in to post a comment.
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