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Challenges in Cyber Forensics and Cyber Crime Investigation

The cyber forensic ultimately helps in the evidence management to prove a crime. The ultimate aim is to prove that the evidence provided to the court is the evidence collected from the place of commissioning of the crime. Challenges in Cyber Forensic Investigations can be divided in to two classes:

  1. Technical
  2. Human Factor

Technical Limitations

  1. Documentation of all action is required
  2. Preservation of evidence is expensive
  3. Swift action to collect electronic audit trails
  4. Resources are required such as software and hard ware
  5. Time – hard drives are getting
  6. Authenticity of the evidences is highly questionable
  7. The process is time consuming
  8. There are no standards of the forensic examination
  9. Misconceptions and lack of awareness
  10. Maintain the secrecy and the integrity of the data is very difficult
  11. The software are very costly
  12. Difficult to identify the originality of the hardware and software as each device is combination of multi-technologies.

Human Factor:

  1. There is scarcity of the experts in this field
  2. There is a need of consist work for long hours which is difficult
  3. Training of the software is not readily available
  4. Lack of awareness of maintaining the evidences on the crime scene and or in public domain

Legal issues in cyber forensics:

  1. Deciding the jurisdiction is one of the most important issues in computer forensic.
  2. Maintaining the integrity of the evidences is very difficult as it has to pass though through a chain of authorities.
  3. The crimes are mostly cross border hence it is very difficult to initiate the action against the criminals.
  4. There is integration of various laws for example, IPC, CPC, Evidence Act, IP laws and Cyber laws in cyber forensics
  5. The laws in various countries are different and there is no harmony.
  6. The police has limited language of the cyber law hence there is almost no cooperation from them for search and seizure from the crime scene.
  7. There is involvement of constitutional law when comes to privacy, search and seizure
  8. There is application of property laws when it comes to IPR issues
  9. Identity management in the form of digital signatures the the contract act is also involved in the cyber forensics
  10. When there are issues related to torts such as tresspass, negligence and defamation etc then the cyber forensic is again a task.
  11. As far as evidences are concerned the accuracy of presentation, and preserving the evidence in the best more and presenting to the court is one important legal issue

Cyber Crimes and Types of Cyber Crimes

Cyber-crimes are crimes committed in the virtual world with the help of computers, laptops, mobile phones, tablets or any other electronic devices. It is gaining illegal access or harming other computers or computer networks. Different types of cyber crimes are as follows:-
1. Hacking:
Hacking is where a person obtains illegal/unauthorized access of other computer systems, computer networks or personal information. It is seen that the hackers mostly target websites of various Government so as to access confidential information, data etc. This also includes Web Hijacking wherein the owner of the website does not have any control or access to his own website. The hacker controls the website and uses the website either for posting disturbing images, pornography, provoking or disrespecting other people’s emotions or disrespecting other countries etc. It is to be noted that as per Section 43(a) and Section 66 of the Information Technology Act, 2008 hacking is a punishable offence. Many must have remembered hacking events of portals of Yahoo!, eBay, Amazon by Michael Demon Calce (Mafia Boy) in the year 2000. Michael used denial of service attack technique and he was behind bars when he was 15. India’s famous telecom company BSNL also felt prey to hacking in the year 2012 by a group of hackers.

2. Cyber Terrorism:
Cyber Terrorism is caused generally when the hacker hacks the website and posts religious, political or on similar objectives threats, hatred or violent messages against the neighboring/rival countries to induce terrorism, harm or fear in the people.

3. Cyber Stalking:
Cyber stalking is staking a person in the virtual world. A person continuously annoys, threatens, harasses or terrorizes people or a group of people on the internet. Majority of the times women are stalked or harassed by men. Ritu Kohli case is famous in this regards. At that time the IT Act was not in force. Hence the complaint was lodged under the Sec 509 of IPC ()

4. Spamming:
Spamming is sending e-mails or messages to others n number of times, overloading the networks bandwidth.

5. Cyber Pornography:
Women and children are the victims of cyber pornography wherein they are exploited in the virtual world. Adults with wrong intension send photos and/or videos explicitly over the internet on account of sexual attraction. Children are most simple targets of pedophiles for sexual gains. Cyber pornography does include pornographic websites/magazines/broadcasting/publication over the internet or intranet etc.

6. Phishing/ Web Spoofing:
In this the attacker creates a fake website which looks similar or identical to the original website and obtains your username, password or credit card details or bank details. Logging onto such website can be controlled by using more secured way of accessing websites with the secured protocol. It is important to note that the a secured website contains ‘https’ mentioned on the URL for safe streaming. HTTPS does mean trusted website.

7. Password Sniffers:
These are programs which keep a record of the names and the passwords you enter in exposing the details and password protected documents and get hold of private information and details.

8. Software Piracy:
Software piracy is theft of the software wherein the person uses pirated software or counterfeits the software.

9. Denial of Service Attacks (DoS Attack):
This includes bombarding a web server in order to crash thereby unable to perform its services. These are basically targeted to a specific computers, there is another type of Denial of service attack also known as Distributed Denial of Service (DDoS) attack in which there are many offenders widely and geographically spread over the countries.

10. Source Code Theft:
Source code is an accumulation of programming instructions for software development companies. The offender is usually an employee of the company.

11. Trojan/virus or worm Attack:
Trojan/virus or a worm is where the person sends a victim a virus via e-mail, messages or as attachments. Viruses terminates electronic information. Viruses can be masked with the attached images, greeting cards, audio or video files. Worms mostly eat all the computer’s memory and space.

12. Credit Card Fraud:
The victim’s credit card details are taken from the databases and used for booking airline tickets, online shopping or other e-commerce transactions.

13. Online Gambling and online sale of illegal articles:
Online gambling is legalized in a lot of countries. In India online gambling is illegal. There is also online illegal sale of drugs, weapons, wildlife etc. There are websites especially for selling the prescription of the drugs.

14. Crimes relating to Electronic Signatures:
A person misrepresenting to obtain an electronic signature certificate or who issues a false electronic signature certificates is punishable crime under Section 71 and 73 of the Information Technology Act, 2008.

Cyber Forensics and Crime Investigation

Cyber forensics is a challenging field which has been evolving in the last two decades in India with the rise of use of technology and tech gazettes. Forensics analysis for collection of evidences was in use for assisting the police and for the criminal investigations in the past also, however, it was limited to scientific analysis and understanding. With the advent of electronics, telecommunication, mobile phone technology, and the computerized systems in business, Government and personal front a big portion of life of almost every individual is occupied by the computer based technology. Obviously there is a drastic increase in the commission of crimes using the computer based crimes in the virtual world or crimes using the cyber space. Most of the countries have introduced their cyber laws to take care of the cyber crimes. India did introduce the IT Act 2000 which takes care of almost all cyber crimes in association with the Indian Penal Code. The role of cyber forensic is to gather, analyze, and prove the crime. In the view of the big spectrum of  cyber crimes like hacking, cyber terrorism, Cyber stalking, Spamming, Cyber pornography, Phishing, Spoofing, Code theft, Worm attacks, Credit card frauds etc., the role of cyber forensic is very crucial in the investigation of the crime and further securing producible evidences in front of the court without affecting the originality of the evidences. Cyber forensic is very much important because without it the cyber crimes may not be proved and the criminals may not be punished.

It is really important to understand meaning of the terms cyber forensic and crime investigation. As cyber forensic has come in the discussion in the recent years, let’s consider crime investigation first to establish its most commonly interpretation.

  1. It is well known to a common man that criminal investigations are carried out to find out information about a crime or a criminal activity. A crime is an act against the law that is known to be prohibited by law. Such act if commissioned against the public then it becomes punishable by law. There are two important things in a crime from the point of view of investigation such as the person committing it and the intension or motive behind it. Generally criminals tend confess after the criminal investigations, however, the investigation helps to find out or to establish suspects involved in commissioning the crime or the criminal act. The crime is social and economical phenomenon as discussed above which involves committing legal wrong that follows legal proceedings that results in to punishments.
  2. Cyber forensic involves two terms such as cyber and forensic. The term cyber denotes the virtual space and the information based space that is defined using computers in which information in the form of data, symbols, pictures exists. It can be called as the space where the computer programs work and data is processed. Whereas forensic involves collecting, analyzing and examining information about a past event to be produced in the court of law. However, cyber forensic is a scientific process that involves recovering evidences from digital medium. It is also termed as preservation, identification, extraction, and documentation of computer evidences stored in a hard disc of a computer system. One can say that it is a process of examination of computers, cyber space, electronic devices etc. for gathering evidences.
  3. The main role of Cyber forensics is to collect evidence from the computers’ hardware or software, computer system and computer network from the crime scene. Cyber forensics may include cracking the password protected information or files, recovering the deleted data, observing the computer, preserving the digital evidence, search the database, tracing of the IP address etc. These evidences are used to catch hold of the culprits or the offenders. One must take precautions while collecting the digital evidence is to collect evidence in a manner accepted as per the court’s rules and regulations, the authenticity of the evidence and the totality of the evidence as well. Any error in collecting the evidence it might adversely affect an innocent person. The computer which is to be scanned should be treated with care as it might contain viruses, logic bombs, booby traps and so on as it can destroy important information or data in it.
  4. As it is established now that cyber forensic is the process of recovering/gathering evidences from the digital media, it would be appreciated that cyber forensic has very important role of detection, and establishment of evidences of the cyber crime. So it may involve so many other allied activities such as retrieving, analyzing, preservation, identification, presentation and detection of data that has been digitally stored on to the computer.
  5. There is another side of cyber forensic which is a positive and protective side of cyber forensic. It also involves data security, preventing data theft, security implementation, prevention of unauthorized access, prevention from cyber attack, prevent phishing, virus attach and prevent hacking.
  6. There are cyber forensic experts who can take such responsibilities to protect systems in the Government and private sectors also. Although police will help people in the investigation of the cyber crime by using cyber forensic, however, one can take preventive measures for the cyber security and even in the investigation of cyber crime.
  7. A new community is rising in India and abroad termed as Cyber Forensic Experts who assist police and public to investigate the Cyber Crimes. Such a person needs diverse techno-legal knowledge and experience. He should know the computer operating systems, computer hardware, networking, in addition to legal aspects of cyber law, legal issues, responsibilities, and last but not the least ability to work congruently for a number of hours during the investigation processes.
  8. It will be evident from the activities and responsibilities of a cyber forensic expert that how important is the role of cyber forensic in the criminal investigations involving cyber crimes. They recover data from a given media. It is to be noted that they have to recover the deleted data many times. In addition they recover data after formatting, virus attacks, and even password protected files. Further, they have to recover data from broken hard ware, damaged hard discs, wiped out files, data without the properties of the data files etc. There is other kind of roles such as finding alternative sources of data recover from the computer systems under investigation. Banking fraud investigation, phishing, cyber stalking are some of the challenging investigations in cyber forensics.
  9. Cyber forensic experts use various tools for data recovery. One of such most talked tool is EnCase. It is a forensic data acquisition and analysis program specifically for Windows platform assisting legal framework, specifications and requirements.

It is seen that the cyber forensics establishes if the computer systems or the electronic devices under his custody contain evidences, off course, in the scope of the investigation. Then accessing and understanding the contents of files, data and the time of creation of them. Then acquire the data, authenticate it and build a case out of the available resources. A person with ordinary using ability of computers, electronic devices, or mobile phones will appreciate that such investigation needs diverse experience, knowledge and ability to apply that to practice. The role of cyber forensic is so important that without it one may not establish the case and punish the criminal.

 

Utility Model

Utility model is an intellectual property protection available in some countries. Utility model is a registered right given to an inventor that gives exclusive protection to the inventor. Utility models generally include mechanical inventions that teach minor improvement in the art. According to WIPO- A utility model is an exclusive right granted for an invention, which allows the right holder to prevent others from commercially using the protected invention, without his authorization, for a limited period of time. In its basic definition, which may vary from one country (where such protection is available) to another, a utility model is similar to a patent. In fact, utility models are sometimes referred to as “petty patents” or “innovation patents.”

The main requirement for getting a utility model protection is novelty. Other conditions such as non-obviousness and industrial applicability may not be dominant while examining a utility model for granting the protection. The term of utility model generally ranges from 6 years to 10 years depending upon the country policy. For example, the term of Utility Model in France is 6 years. There are certain exceptions also, for example, in Japan the term is 15 years, and Utility Models are not recognized in India. The term is subjected to the payment of annual fees with no extension.

Utility models protection is a faster and economic IP protection system for developing countries where there is enormous number of small inventions. It is as good as a patent protection and gives promotion to creativity of individuals. If an inventor files a patent application for a patent protection related to a particular product (for processes utility model is not applicable), then he may file a utility model application for the same invention claiming the priority of the patent application.

References-

  1. http://www.wipo.int/sme/en/ip_business/utility_models/utility_models.htm
  2. http://www.lexglobelaw.com/index.php?headline=Utility+Models+Registration+Process

Patent Family

A patent family indicates a bunch of patents relating to a single patent application filed in various countries in the world having common priority date.

The important reason behind filing more than one patent application in various countries is that patent protection is country specific. A priority document can be used to take the advantage of priority over others. The patent protection is generally sought through more than one patenting authorities. Patent family is important from the point of view of global business strategy of a company.

Patent family search is an emerging filed where the searches are performed to determine technological status of a company in the desired countries.

Get a US patent/patent application into a .pdf file directly

http://www.pat2pdf.org/ is a website where you can enter a patent number and fetch a file in a .pdf format. Mostly one can search a desired patent/application on USPTO but when it comes to usability and saving the application it becomes a difficult task. http://www.pat2pdf.org/ is a voluntary programme that is working for several years over the internet. This site is specifically focussed on USPTO patent search. Here one can search MPEP online. The owners of this site have appealed users to support with funds to make it more and more interactive.

Counterfeit goods growing problem in India: USTR

US watchdog lauds India’s IPR efforts, but picks holes in legal framework।Counterfeit goods and pirated software and optical media continue to thrive in India. A report by the United States Trade Representative (USTR) has named Nehru Place and Palika Bazaar in New Delhi, Richie Street and Burma Bazaar in Chennai, Manish Market, Heera Panna, Lamington Road and Fort District in Mumbai, and Chandni Chowk in Kolkata as markets that need to be watched out for this high-volume trade.

India, in fact, continues to be on the “priority watch list” of the USTR’s “Special 301” report, despite a detailed submission of the intellectual property rights (IPR) compliance measures initiated by it in 2009.
The “Special 301” report is an annual review of the global state of IPR protection and enforcement. Priority watch list is a list of countries whose IPR compliance is not satisfactory from the US point of view.

The report alleged that manufacturing and distribution of pharmaceutical products bearing counterfeit trademarks was a growing problem in India as well as Brazil, China, Indonesia and Russia.

The report, released on April 30, termed last year’s progress made by India on IPR enforcement front as “incremental”, though it welcomed the country’s efforts to amend trademark laws to facilitate its accession to the Madrid Protocol — an international treaty on registration and recognition of trade marks. However, it expressed concerns over “India’s inadequate legal framework and ineffective enforcement”.

“Piracy and counterfeiting, including counterfeiting of medicines, remains widespread and India’s enforcement regime remains ineffective at addressing this problem. Amendments are needed to bring India’s copyright law in line with international standards, including by implementing the provisions of the WIPO Internet Treaties. Additionally, a law designed to address unauthorised manufacturing and distribution of optical discs remains in a draft form and should be enacted in the near term,” the report said.

The United States continued to point fingers at India for its patent laws and said a current provision in law (probably Section 3(d) of the Indian Patents Act) appeared to limit the patentability of potentially beneficial innovations such as temperature-stable forms of a drug or new means of drug delivery.

The Section 3(d) of Indian Patent Act prevents patenting of mere incremental innovations.

The report wanted India to “improve its criminal enforcement regime by providing for expeditious judicial disposition of IPR infringement cases as well as deterrent sentences and to change the perception that IPR offenses were low priority crimes”.

This is the first time that USTR had given an opportunity to India to provide its views on IPR enforcement before finalising the Special 301 Report.

The Special 301 Report categorises countries under three separate heads — watchlist, priority watchlist and notorious — depending on how USTR rates the IP enforcement systems of its trading partner. India and 10 others — Algeria, Argentina, Canada, Chile, China, Indonesia, Pakistan, Russia, Thailand and Venezuela — are under the priority watch list for 2010.

source http://www।business-standard।com/india/news/counterfeit-goods-growing-problem-in-india-ustr/23/56/393555/

Russia, China to sign deal on Kalashnikov IPR protection

Russia is working to reach an agreement with China on the intellectual property rights (IPR) protection of Kalashnikov assault rifles, the head of Russia’s state arms exporter Rosoboronexport, Anatoly Isaikin said.

‘We have received China’s national patent for Kalashnikov products. The documents have been handed to the Federal Service for Military and Technical Cooperation to prepare and conclude an intergovernmental agreement in the field,’ Isaikin told media persons.

He said the process of reaching a deal with China will be lengthy, but that Russia hopes it will be finished soon, and noted the huge number of unlicensed Kalashnikov rifles produced all over the world.

‘There are about 100 million Kalashnikov assault rifles worldwide, of which half are counterfeit, that is produced without licences, patents and intergovernmental agreements,’ he said.

Isaikin said over 15 countries, including Bulgaria, Romania, Egypt, and China, produce the rifles either on expired licences or without them. Only Venezuela manufactures them legally.

‘Even America produces the assault rifles, even though the country has never received a licence for their manufacture.’ Isaikin said there are at least 30 organisations illegally producing and trafficking the weapons, whose activities are very difficult to prevent.

The best-known Kalashnikov rifle is the 1947 model known as the AK-47. It is the most widely produced used assault rifle in the world, and is used by both regular armies and militant groups.

The creator of the AK-47, Mikhail Kalashnikov, is 89 years old and lives in the Russian city of Izhevsk.

source- http://ipr.indlaw.com/guest/displaynews.aspx?eee87b81-d0a8-4cee-b8ec-2c92fad456db

Frequently Used Terms in Patenting

  1. WIPO World Intellectual Property Organization

    * WIPO is one of the 16 specialized agencies of United Nations
    * WIPO is non elected body and promotes IP in developing countries
    * The Head Office of WIPO is located at Geneva that was Est. in 1967
    * WIPO was created “to encourage creative activity, to promote the protection of intellectual property throughout the world”
    * WIPO administers 24 international treaties
    * WIPO administers and oversees international intellectual property obligations
    * WIPO has got 185 member states
    * India is a member state of WIPO

    2. Invention, Inventive step, Patentee, Legal representative, PCT and Person Interested

    * “Invention” means a new product or process involving an inventive step and capable of industrial application.
    * “inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art;
    * “patentee” means the person for the time being entered on the register as the grantee or proprietor of the patent;
    * “patent agent” means a person for the time being registered under this Act as a patent agent
    * “Patent Cooperation Treaty” means the Patent Cooperation Treaty done at Washington on the 19th day of June, 1970 as amended and modified from time to time
    * “person interested” includes a person engaged in, or in promoting, research in the same field as that to which the invention relates;

    3. International treaties concerning IP rights

    * Paris Convention for the Protection of Industrial Property (1883)
    * Patent Cooperation Treaty (PCT) (1970);
    * Budapest Treaty on the International Recognition of the Deposit of microorganisms for the purposes of Patent Procedure (the Budapest Treaty) (1977)
    * Strasbourg Agreement Concerning the International Patent Classification (IPC)(1971)
    * International Convention for the Protection of New Varieties of Plants (UPOV)(1961); and
    * Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1994)
    * Other international agreements that have IP implications for biotechnology Include: the Convention on Biological Diversity (1992); and
    * The Food and Agriculture Organization (FAO) International Treaty on Plant Genetic Resources (adopted 2001).
    * Berne Convention for the Protection of Literary and Artistic Works (1886) (copyright, including software); and
    * WIPO Copyright Convention (1996) (updating copyright rules for the digital environment).

    4. Budapest Treaty 1977

    * Budapest Treaty is on the International Recognition of the Deposit of microorganisms for the purposes of Patent Procedure (the Budapest Treaty) (1977)
    * It was always a great difficulty to describe the best mode of invention when it comes to disclosing invention involving Microorganisms.
    *
    A patent applicant is supposed to disclose the best mode of invention in the specification of application for a patent. It is difficult to disclose the best mode in a specification without availability of the actual microorganism. An access to microorganisms that are discussed in the specifications always preferable. The Treaty does this by providing for the deposit of a microorganism at a recognized “international depositary authority”.

    5. Conditions of patentability

    A patent is granted for an invention. An invention is defined in section 2(1)(j) as “a new product or process involving an inventive step and capable of industrial application.”

    Therefore, the criteria for an invention to be patentable are – (i) it must be novel; (ii) it must have an inventive step; and (iii) it must be capable of industrial application. Further, the invention should not fall under any of the categories of “Inventions Not Patentable” mentioned under sections (3) and (4) of the Patents Act, 1970.

    6. Novelty of an Invention

    An invention is considered new (novel) if it has not been anticipated by publication in any document any where in the world or used in the country or prior claimed in an application for patent in India or form part of the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere before the date of filing of patent application or date of priority, that is, the subject matter has not fallen in the public domain or that it does not form part of the state of the art.

  2. Person Skilled in the Art

    The person skilled in the art is presumed to be an ordinary practitioner aware of what was common general knowledge in the art at the relevant date (average skilled person). He is also be presumed to have had access to everything in the state of the art, in particular the documents cited in the search report, and to have had at his disposal the normal means and capacity for routine work and experimentation. Such person need not possess any inventive capability. It was the presence of such capability in the inventor, which set him apart from the notional skilled person. His attitude is considered to be conservative. He would never go against an established prejudice, nor try to enter unpredictable areas nor take incalculable risks.

    8. Invention which is not Novel

    An invention is not considered to be novel

    1. If it has been anticipated by publication before the date of filing of the application in any of the specifications filed in pursuance of application for patent in India on or after 1st January, 1912.

    2. If it has been anticipated by publication made before the date of filing or the date of priority of the application in any of the documents in any country; or

    2. If it has been claimed in any claim of any other complete specification filed in India, which was filed before the date of application though published after the date of that application.

    9. Effects Of Publication:

    After publication of the application for patent the depository institution will make the biological material (mentioned in the specification) available to the public
    The Patent office will make the specification (complete as well as provisional, if any), and drawings filed in respect of the application available to the public on payment of the prescribed fee as given in the First Schedule.
    The applicant shall have like privileges and rights, as if a patent for the invention had been granted from the date of publication of the application until the date of grant. But he shall not be entitled to institute any proceedings for infringement until the patent has been granted.
    The rights of patentee for applications filed u/s 5(2) before 1st day of January, 2005 will accrue from the date of grant of the patent.

    10. Rights of patentees

    Subject to the other provisions contained in Sec 48 of the Patent act 1970 Act and the conditions specified in section 47, a patent granted under this Act shall confer upon the patentee-

    1. Where the subject matter of the patent is a product, the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India

    2. Where the subject matter of the patent is a process, the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India.

    11. Formal Examination of Patent Application at Patent Office

    The application for a patent, as filed, including all the relevant documents, payments etc are checked/scrutinized to ensure that the same are filed or submitted in conformity with the provisions of the Patents Act and Rules.[ section 12 (1)(a)]

    Formal scrutiny/checking is carried out in respect of the following documents-

    All relevant forms, request, petitions, assignment deeds, translation etc.

    Payment of fees and other details

    Provisional and /or complete specification

    Abstract

    Drawings (if any)

    Presence of meaningful claim(s) or absence of claims in a complete specification

    Proof of right

    Form 5 (along with complete after provisional or for filing PCT- NP/Convention application)

    Power of Attorney or attested copy of General Power of Attorney (if any)

    Form 3 -information regarding foreign filing u/s 8(1)

    Whenever Form 6 is filed and assignment has taken place from individual to other than individual, difference in fee has to be called for (Rule 7(3))

    Screening Screening is carried out for the following –

    a) Technical fields of invention

    b) Relevance to defence or atomic energy

    c) International and Indian Classification

    d) Correction/completing the abstract, if required.

    c) After scrutiny of the documents, the lacunae, if any, in the application will be communicated to the applicant in FER.

    12.
    Objectives of IP protection
    1. To recognize inventor’s rights
    2. Reward innovation, research and development
    3. Enhance trade and investment
    4. International trade promotion
    5. Encourage industrial development
    6. Imposing IP rights for IP protection through injunctions, damages and compensation

    13. How to Exercise IP Rights

    * Develope a short term and long term strategy of your group/company/corporation
    * Define various objectives and research plans to achieve the objectives
    * Maintain confidentiality of your research work inclding the objectives and research plans
    * Explore partnership opportunities by protecting your work using patents/copyrights/tread secrets
    * Find our partners in the field having experience and technical knowhow to develope collobrative work
    * Have greement and contracts done with partners and clients
    * Maintain a log of your research work from the start
    * Follow starndards such as ISO, GLP, GMP etc.
    * Follow internatinal guidelines to document your research work

    14. Request for examination

    Section 11 Request for examination- A request for examination on Form 18 along with the prescribed fees should be submitted so that the application is taken up for examination.

    In case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under sub-section (1) or sub-section (3), the application shall be treated as withdrawn by the applicant.

    Provided that— (i) the applicant may, at any time after filing the application but before the grant of a patent, withdraw the application by making a request in the prescribed manner; and (ii) in a case where secrecy direction has been issued under section 35, the request for examination may be made within the prescribed period from the date of revocation of the secrecy direction.

    15. Freedom to operate

    FTO is ensuring that the commercial production and marketing of your invention does not infringe the intellectual property rights of other people. It has been observed that a considerable number of inventions are modifications of the present art and require the use of existing technology. An inventor may have a patent for a particular product but he might have to use existing patented technology to commercially exploit the new product. Hence before the commercial use of the product it is necessary to see if one has freedom to operate.

    References- WIPO Study material
    Draft of Manual of Patents published by the Patents office India

Patenting Facts and Myths

Patenting Facts

1. A patent specification must have at least one claim
2. The mere fact that DNA fragments are derived from the same source is not sufficient to meet the requirement for unity of invention.
3. PCT enables centralized publication of International Applications with ISR
4. Patent Amendment Act 1999, came into force retrospectively from 1st Jan 95
5. PCT provides the option of International Preliminary Examination of international application
6. A license is a grant of permission made by the patent owner to a party to exercise any specified rights as agreed.
7. Before you commercialize your patented invention you are supposed to make sure that you have FTO.
8. If an inventor assigns his patent rights to someone else, he no longer owns those rights.
9. An invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties or traditionally known component or components is not patentable in India.
10. Plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals is not patentable in India.
11. A request form for filing International Application for Patent should be PCT/RO/101 in triplicate.
12. A mere DNA fragment without indication of a function or specific asserted utility is not a patentable invention.
13. Budapest Treaty (1977) is about the International Recognition of the Deposit of microorganisms for the purposes of Patent Procedure
14. The patent term is calculated from the filing date in line with TRIPS provisions and the term is at least 20 years from the filing date.
15. Once your patent application is filed, then you are free to publish, demonstrate and indeed commercialize your invention
16. The background of an invention in a patent/application document helps to highlight the differences between existing technology and the claimed invention.

Patenting Myths
1. Patent gives an exclusive right therefore patented inventions are never restricted for environmental safety/ public health/ defense related reasons.
2. Documentation of research work and IP protection do not complement each other.
3. The meaning of Assignee and Legal Representative are the terms carrying similar meaning and are alternatively used in IP matters.