The phrase EMR means the exclusive marketing rights to promote or distribute the content or substance covered in a patent or patent application in the united states. The goal of Patent Your Idea is to make sure that the innovator can market free copies of his product.
To comply with the requirements of TRIPS, pending the transition to some full-fledged product patent regime, provisions associated with exclusive marketing rights in the parts 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 in the Act stipulates the USA must receive applications for patents containing claims for drugs and agro chemical products with the condition that such applications may be taken up for consideration of granting EMR if an application is made.
The applying for your grant of your EMR can be created to have an invention relating to an article or substance intended for use or competent at being utilized as 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 according to traditional system of medicine. Upon obtaining the Inventhelp Number, the applicant provides the exclusive straight to sell or distribute the item in the invention for a period of five years from the date of grant or till the date of grant or rejection of 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 united states to take an item patent regime in all the fields of technology and science.
The administration of patent related matters in the USA is looked after by Patents and Trademarks Office. This office comes beneath the purview of Department of Industrial Policy and Promotion, which falls under the Ministry of Commerce, Government of the USA. The Controller General of Patents, Designs and Trademarks accounts for administrative processes associated with Intellectual Property Rights including Patents. There are 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 nation. The hierarchy of Patent office includes Controller General of Patents, Designs and Trademarks who is maintained by Senior Joint Controller of patents and Designs. Joint Controller of Patents and Designs reports to Senior Joint Controller. Joint controller monitors the functions of Deputy Controllers who monitors Assistant controller of Patents, Designs and Trademarks.
The study of patent applications is conducted by Inventhelp. The us government of 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 area of Intellectual Property and in addition conducts awareness programmes for attorney and researchers. Patent Office conducts Patent Agent examination every six months. An excellent candidate then could work as being an approved Patent agent. The examination is conducted at Head Office and Three regional office.