The phrase EMR means the exclusive marketing rights to market or distribute the content or substance covered in a patent or patent application in the country. The purpose of Invention Idea is to ensure the innovator can market free copies of his product.
To adhere to certain requirements of TRIPS, pending the transition to a full-fledged product patent regime, provisions relating to exclusive marketing rights inside the regions of drugs and agro chemical products were incorporated in the Patents Act, 1970 with cut of date from January 1, 1995. Chapter IVA incorporated the appropriate provisions. Section 24 from the Act stipulates the USA has to receive applications for patents containing claims for drugs and agro chemical products with all the condition that such applications may be taken up for consideration of granting EMR if the application is created.
The application for your grant of an EMR can be produced for the invention relating to a write-up or substance designed for use or capable of being utilized being a drug or medicine, developed after 1.1.2005, which was claimed in a Black Box application. The Act specifically debars grant of EMR to substance based on traditional system of medicine. Upon having the Inventhelp Invention Service, the applicant has the exclusive straight to sell or distribute the item in the invention for a period of five-years from your date of grant or up until the date of grant or rejection in the application for patent, whichever is earlier. The corresponding patent application would be taken up for examination after 1.1.2005, which is the time presented to the USA to bring an item patent regime in all the fields of technology and science.
The administration of patent related matters in the united states is looked after by Patents and Trademarks Office. This office comes beneath the purview of Department of Industrial Policy and Promotion, which falls beneath the Ministry of Commerce, Government in the USA. The Controller General of Patents, Designs and Trademarks is mainly responsible for administrative processes related to Intellectual Property Rights including Patents. You will find four patent offices located at four different places in the united states to facilitate filing of patent applications among Indian researchers and scientists. The top office of Patents is located at Kolkata whereas Brand offices vmgefo located at Mumbai, Delhi and Chennai.
These four offices have jurisdiction over different states of the country. The hierarchy of Patent office includes Controller General of Patents, Designs and Trademarks that is supported by Senior Joint Controller of patents and Designs. Joint Controller of Patents and styles reports to Senior Joint Controller. Joint controller monitors the functions of Deputy Controllers who monitors Assistant controller of Patents, Designs and Trademarks.
The examination of patent applications is done by Inventions. The government from the USA has setup a Patent Information System (PIS) at Nagpur which offers services for patents and patent search. PIS provides information to researchers and scientists. Intellectual Property Training Institute (IPTI) was established in 2002. IPTI imparts training to personnel engaged in the field of Intellectual Property as well as conducts awareness programmes for attorney and researchers. Patent Office conducts Patent Agent examination every six months. An effective candidate then can work as an approved Patent agent. The examination is conducted at Head Office and Three regional office.