ON LAW AND REGISTRATION OF PATENTS IN INDIA

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ON LAW AND REGISTRATION OF PATENTS IN INDIAWhat is the Governing Law of Patent?
In India, the law of Patent is governed by Patent Act, 1970 as amended till date and Rules there under. The Patent Act, 1970 was lastly amended by The Patent (Amendment) Act, 2004 became effective from January 1, 2005. The substantial amendment is effected by this last amendment.

What is Patent?

A Patent is a Statutory privilege granted by the Government to inventors (or to other persons obtaining rights from the Original Inventors) for a fixed and limited period of years, to exclude other persons from manufacturing, selling or using any patented product or process or method. Thus, the Patent is a monopoly right on an invention for a limited period of time.

Thus, the Patent is a monopoly right on an invention for a limited period of time.

What is Patentable Invention?

All the invention is patentable which is new and industrially useful barring few as described herein below.

In nutshell, all the inventions including any art, process, method or Manner of Manufacture, Machine, Apparatus, Article or Substance produced by manufacture or process of manufacture and Improvement thereof.
What is not patentable?

Invention which is frivolous and contrary to established natural laws.

An invention which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to environment. Continue reading →

Immigration Attorney

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An immigration attorney is not simply a legal representative for foreign peoples wishing to apply for permanent residency and naturalization in the United States. While this of course is their main focus, another part of their passion involves the advocacy of said individuals. Immigration attorneys as advocates to their foreign clients work to influence policies that are geared towards the protection and rights of the individual. Today, in America there is quite a bit of controversy revolving around immigration law and border patrol. Because of this, the government is split between doing what is best for their pre-established citizens and being fair to those who are wishing to enter the US. Illegal immigration has become a big source of the population influx. Immigration attorneys are the link between those wishing to become permanent citizens and the government of the states.

An immigration attorney specializes in all aspects of immigration law and citizenship. They have spent years in school (7 to 8) disciplining themselves in this practice and it is because they are passionate and dedicated to this segment of law that they do what they do. This makes a competent immigration attorney the perfect legal representative as well as advocate for the aspiring citizen. They understand the needs and desires of the immigrant while being knowledgeable in the American side of things as well. These attorneys are adaptable in their environment and remain up-to-date on any policy changes that may occur. The field of immigration law is constantly changing. It is one of the most malleable fields of law there is. It is almost fickle in its rules and regulations. The benefits or this are the many loopholes and constituencies that allow for specific circumstances that often arise with immigration.

When looking for a viable immigration attorney it is best to consult the AILA (American Immigration Lawyers Association). This organization is comprised of accredited immigration attorneys who have the experience and skills needed to get their job done effectively. This group is also one of the main advocacy groups for immigration law, making them a leader in the industry. Anyone who asks around about immigration attorneys or anything else that has to do with immigration law more than likely will be directed to this association to begin with. They are a great starting point and have years of experience to back them. Continue reading →

Professional Criminal Lawyers

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Criminal lawyers are special lawyers who can defend you or any organizations when they are charged with criminal offence. These lawyers employ themselves within various jurisdictions in criminal courts. If you or your organization is offended in a case then it is good to seek the help of a professional lawyer. It is difficult to represent yourself without knowing all the laws and rules clearly. It is always good to seek the help of a professional lawyer if you are taken in police custody or offended in any criminal case. He can appear in court and fight for justice and court will you free you easily.

There are few things you have to consider while you choose your criminal lawyer so that he can help you to the best.

Budget

It is essential to consider the amount a lawyer could demand. If you do not think of budget at the initial stage then could land up in problem at the end. If you are a millionaire or if you earn more, then you need not worry about the costs charged by a criminal lawyer. So when you visit a lawyer you can ask him for a quote, price ranges from lawyer to lawyer. It also depends upon the nature of case. So it is good to ask the criminal lawyer about the total expenditure for the case when you visit the lawyer.

Experience

Next important thing to consider is the experience of the lawyer. More the experience he can handle the case easily. Experience is more important, an inexperienced lawyer will not be familiar with the regular court procedures and the latest laws. It is obvious that an experienced lawyer can free you from police custody easily than an inexperienced barrister. In addition he will also prove your innocence in court and will demand for compensation for spoiling your reputation. You can also enquire someone who has previously dealt with the lawyer so that you can know more the criminal lawyer. Continue reading →

Responsibilities of a Bankruptcy Lawyer

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Many organizations will only consider filing for bankruptcy as a last resort. They will struggle very hard to pay their creditors. Yet, sometimes bankruptcy is inevitable because of the stringent economic times being experienced. Recessions have resulted in the declaration of bankruptcy by many and this has led to an increase in the demand for bankruptcy lawyer services. Bankruptcy is defined as being unable to offset your debts. It is fully recognized by the law and some countries even have bankruptcy laws put in place to regulate the way debtors and creditors relate when a debtor has filed for bankruptcy.

Bankruptcy will give the debtor the option of clearing his or her debt fully or partially. This will also depend on the financial state of the debtor. The creditor, however, can choose to file a bankruptcy petition seeking the debtor to pay part of the debt or the entire amount. Once this happens, the debtor will need the services of a bankruptcy lawyer. Understanding the complexities involved in bankruptcy law might be difficult for a layman and this is precisely why the service of a professional lawyer who has specialized in bankruptcy is required. There are certain responsibilities and duties that the bankruptcy lawyer will perform once you have found the right one to represent you.

Professional responsibility: Every lawyer has a special responsibility to his or her client, regardless of who the client is, and it is no different with a bankruptcy lawyer. The lawyer should ensure that the client receives treatment that is fair during the entire legal process. This is an ethical responsibility that a lawyer accepts when taking the oath. This is the single most important aspect of a bankruptcy lawyer and failure to fulfill this responsibility will lead to losing the case.

Discretion: Another responsibility that is important and should be practiced by a good bankruptcy lawyer is discretion. The lawyer should know how to behave, what action to take and what to disclose about the case. The case details and conversations between client and lawyer should always be confidential. This will enhance the client-attorney relationship and prevent any important information from falling into the wrong hands. Continue reading →

Attorney Reputation Management Is Essential To Your Organization

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It is important for lawyers to utilize an attorney reputation management method in order to take care of the online comments they get. A lawyer is aware of how essential their reputation is in the offline world. Word of mouth is essential, and what individuals say about them as well as their firm decides their overall success or failure. A lawyer’s reputation centers on the good results of their practice as well as their capability to appeal to new customers. On the other hand, in the digital age, the old saying that ‘bad news travels fast’ has never been more relevant and the effect of detrimental information on the net more harmful to an attorney’s reputation. The easy access to information on-line has transformed how individuals research products and services and how they utilize that information to inform their judgements.

In today’s world, what people say about you on the web could have a much greater impact on your firm, your business, and your bottom line. Because an attorney’s reputation is the primary thing, he or she must safeguard it at all times. No matter what business you’re in, but particularly if you deal with individuals who are under stress and dealing with problems, at some point you will bump into someone who isn’t happy, and, if you are not pro-active about your proper name and your business reputation, whatever your enemies say is what customers will see every time they Google you.

Anytime someone seeks legal counsel, detrimental information and facts posted online somewhere can pop up in a typical search results whether they’re in search of it or not and have a profound impact on a lawyer’s reputation. Almost all Internet users won’t dwell on whether the claims are factual or spurious, they’ll simply search elsewhere. But the damage will have been done and attempts to remedy the situation through legal channels can be pricey and draw resources away from expanding a legal practice. Continue reading →