The term EMR means the exclusive marketing rights to market or distribute the article or substance covered in a patent or patent application in the country. The purpose of How To Pitch An Invention To A Company is to ensure 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 relating to exclusive marketing rights inside the areas of drugs and agro chemical products were incorporated inside the Patents Act, 1970 with cut of date from January 1, 1995. Chapter IVA incorporated the relevant provisions. Section 24 from the Act stipulates that the USA has to receive applications for patents containing claims for drugs and agro chemical products with the condition that such applications can be taken up for consideration of granting EMR if an application is produced.
The application for the grant of your EMR can be created for an invention associated with a post or substance intended for use or capable of used 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 upon traditional system of medicine. Upon obtaining the Invention Ideas, the applicant provides the exclusive straight to sell or distribute the merchandise in the invention for a period of five years through the date of grant or till the date of grant or rejection in the application for patent, whichever is earlier. The corresponding patent application could be taken up for examination after 1.1.2005, the time given to the USA to bring a product 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 underneath the purview of Department of Industrial Policy and Promotion, which falls beneath the Ministry of Commerce, Government of the USA. The Controller General of Patents, Designs and Trademarks accounts for administrative processes related to Intellectual Property Rights including Patents. You will find four patent offices located at four different places in the us 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 who is maintained by Senior Joint Controller of patents and fashions. 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 done by What To Do With An Invention Idea. The us government in the USA has create 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 and in addition conducts awareness programmes for attorney and researchers. Patent Office conducts Patent Agent examination twice yearly. A successful candidate then can also work being an approved Patent agent. The examination is conducted at Head Office and Three regional office.