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Bee Vectoring Technologies

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Investing in passion. We invest in passionate founders with deep industry insights, providing capital and mentorship at the earliest stages of venture creation.

Granted Two Patents

About Bee Vectoring Technologies International Inc.

BVT has developed and owns patent-pending bee vectoring technology that is designed to harmlessly utilize bumblebees and honeybees as natural delivery mechanisms for a variety of powdered mixtures comprised of organic compounds that inhibit or control common crop diseases, while at the same time enhancing crop vigor and productivity. This unique and proprietary process enables a targeted delivery of crop controls using the simple process of bee pollination to replace traditional crop spraying, resulting in better yields, superior quality, and less impact on the environment without the use of water or disruptions to labour.

Bee Vectoring Technologies (the “Company” or “BVT”) (BEE) is feeling enthusiastic to announce that it has received notice of allowance of subject  patent applications in two new and significant agricultural sector and gets approval of patent on October 2,  2017.

Chile Patent No. 53.259: Represents the first patent protected  by the Company in South America.

Japan Patent No. 6066496: Represents the first patent protected in Japan, and increasing the strength of  the Asian patent portfolio which already includes a previously approved patent in China.

BVT CEO, Ashish Malik said “These patent approvals are important milestones for the company as Chile and Japan are significant anchor countries for the agricultural sector of South America and Asia respectively. The crop protection market in Chile and Japan combined is estimated to be US$2.7 billion. In particular, fruit and vegetable crops makes a wide portion of both the Chilean and Japanese markets, and both are amongst the largest markets in the world. Securing patents in North America, South America, Europe, Asia and Australia allows us to pursue the global market opportunity that exists for crop protection with confidence and helps ensure our approach of being first to market with our proprietary solutions.” Malik added “With these patents secured, BVT safeguards our competitive advantage and allows us to further our business development discussions with potential partners who are showing interest in working with us to introduce our system to growers worldwide. Many partners have a strong preference in working only with proprietary and patent-protected technologies. As we move through the commercialization process, these partners will be critical to our success in these markets and provide scalability quickly and efficiently.”

The patent applicant Bee Vectoring Tech Inc filed a patent titled “APPARATUS FOR TREATMENT OF PLANTS” bearing patent publication number PL2693871 on 2011-04-07. The inventor of the present innovation under agricultural sector are Collision Michael and Howard D Hearn. The patent invention relates to treatment of growing trees or plants, for e.g. for preventing decay of wood, for tingeing flowers or wood, and for prolonging the life of plants. The innovation relates to a tray for positioning in an exit path of a bee hive comprises a base, a bee entrance end, and a bee exit end. Spaced apart side walls extend upwardly from the base. The sidewalls extend generally lengthwise between the bee entrance end and bee exit end. A plurality of posts extend upwardly from the base and are positioned between the bee entrance end and the bee exit end. The posts are generally circular in cross-section. The posts act as obstacles around which the bees must walk to reach the bee exit end from the bee entrance end.

The patent innovation would be classified as beehives, for e.g. ventilating devices, entrances to hives, guards, partitions, and bee escapes. However, the present innovation can also be classified as appliances for treating beehives or parts thereof, for e.g. for cleaning or disinfecting.

The patent applicant Bee Vectoring Tech Inc filed a patent titled “Isolated strain of clonostachys rosea for use as a biological control agent” bearing publication number PE09492016 on  2013-09-11.The inventor of the present innovation under agricultural sector are Sutton John and Mason Todd Gordon. The patent invention relates to Symbiotic or parasitic combinations including one or more new plants e.g. mycorrhiza . The innovation Described is an isolated strain of the fungus Colonostachys rosea termed BVT Cr-7 useful as a biological control agent for the treatment of plants. The isolated strain, formulations comprising said strain and/or spores derived from said strain may be applied to plants or plant materials in order to improve plant yield, to improve plant growth, or for the treatment or prevention of diseases or pathogens in the plant. The innovation relates to a Biocides, pest repellants or attractants, or plant growth regulators, characterised by their forms, or by their non-active ingredients or by their methods of application, e.g. seed treatment or sequential application; (apparatus for the destruction of noxious animals or noxious plants fungicidal, bactericidal, insecticidal, disinfecting or antiseptic paper  Substances for reducing the noxious effect of the active ingredients to organisms other than pests.

The innovation makes use of substance containing ingredients stabilising the active ingredients.

The patent applicant Bee Vectoring Tech Inc filed a patent titled “Containing ingredients stabilising the active ingredients” bearing publication number US2016213006 on  2012-03-12.The inventor of the present innovation under agricultural sector are MASON Todd Gordon and Sutton John Clifford.The Patent invention relates to a  isolated strain, formulations comprising said strain and/or spores derived from said strain may be applied to plants or plant materials in order to improve plant yield, to improve plant growth, or for the treatment or prevention of diseases or pathogens in the plant.” The innovation described a powder plant treatment formulation for application to plants by insect vectoring includes: a plant treatment agent; a stabilizing agent bonded to the plant treatment agent for stabilizing the plant treatment agent; a moisture absorption agent for absorbing moisture from the formulation; an attracting agent for attracting the formulation to plants; and a diluent.The patent invention relates to Biocides, pest repellants or attractants, or plant growth regulators, characterised by their forms, or by their non-active ingredients or by their methods of application, e.g. seed treatment or sequential application; (apparatus for the destruction of noxious animals or noxious plants,fungicidal, bactericidal, insecticidal, disinfecting or antiseptic paper,Substances for reducing the noxious effect of the active ingredients to organisms other than pests.The Invention makes use of  a substance that contain ingredients stabilising the active ingredients.

The patent applicant Bee Vectoring Tech Inc filed a patent titled “APPARATUS FOR TREATMENT OF PLANTS” bearing patent  number US9526233 on 2016-12-27. The inventor of the present innovation under agricultural sector are Collinson Michel Howard D Hearn and Kevan Peter G. The patent innovation relates a bee vectoring apparatus includes a tray for positioning in the exit path of a beehive. The tray includes a bottom, a bee entrance end, and a bee exit end. The apparatus includes a tray lid positioned above the bottom, with first and second barrier walls extruding downwardly from the lid. A ceiling extends between bottom ends of the first and second barrier walls. The patent invention would contain some other details of beehives, e.g. ventilating devices, entrances to hives, guards, partitions, bee escapese e.t.c.

BVT has also filed a patent application with the US patent office for  novel system that allows the delivery of plant protection products to crops using commercial honeybees.

The Company is pursuing an aggressive Intellectual Property (IP) strategy that covers five different patent families and 60 patent applications worldwide. The IP strategy supports the Company’s documented growth strategy to selectively expand its market opportunities while it drives towards commercialization of its proprietary system in the US.

BVT’s technology described in these patents includes a specialist apparatus for the treatment of plants with inoculants and control agents to manage diverse diseases and pests and enhance the yield and quality of crops. The inoculants and control agents are housed in proprietary removable trays within a dispenser system that is incorporated in the lid of commercial bumble bee hives.

The bumblebees pick up the inoculant on their way out of the hive and deliver the treatment to the plant in a very targeted and sustainable way.

Our delivery platform provides a groundbreaking management system that delivers highly targeted and effective pest and disease control and improves the quality of your crop.We combine our active ingredients and easy to use tray system with the natural pollination process of commercially reared bees. This provides the foundation for a season-long pest and disease management program with a biological control that is safe for bees, people and the environment. Ashish Malik, President & CEO Neither TSX Venture Exchange nor its Regulation Services Provider (as that term is defined in the policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this release.

This press release contains certain “forward-looking statements” that involve known and unknown risks and uncertainties. All statements in this press release, other than statements of historical fact, that address events or developments that BVT expects to occur, are forward-looking statements. Forward-looking statements in this press release include, but are not limited to, statements with respect to BVT’S future plans and technologies, including the timing of such plans and technologies. Forward-looking statements are statements that are not historical facts and are generally, but not always, identified by the words “expects”, “plans”, “anticipates”, “believes”, “intends”, “estimates”, “projects”, “potential”, “indicate” and similar expressions, or that events or conditions “will”, “would”, “may”, “could” or “should” occur. Although BVT believes that the expectations expressed in such forward-looking statements are based on reasonable assumptions, such statements are not guarantees of future performance and actual results may differ materially from those in forward-looking statements. Factors that could cause the actual results to differ materially from those in forward-looking statements include continued availability of capital, financing and required resources (such as human resources, equipment and/or other capital resources), and general economic, market or business conditions. Investors are cautioned that any such statements are not guarantees of future performance and actual results or developments may differ materially from those projected in the forward-looking statements.

 

How do you get something copyrighted? What are the right of copyrights?
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How to Copyright Website and Mobile Applications in India

What is Copyright?

Copyright, is an exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic , or musical material. Actually copyright is a legal right created by the law of a country that grants the creator of original work and given exclusive rights of its use and distribution, fora limited period of time

Copyright is a form of intellectual property, copyright are considered territorial rights,which means that they don’t extend beyond the territory of a specific jurisdiction.

It is a right which a person take for the protection of his business name which any other person didn’t take for the operation of business, as different person can do same business but the condition in copyright is that name shouldn’t be the same, as if it was, then the person who take the name of other person business for the operation of his business then it will be a offence and was punishable.

And now a days not only business like big brands, big restaurants, telecommunications etc, but websites are also involved in copyright act like Wikipedia, encyclopedia, yahoo.com, gmail.com, etc. they also make themselves register under copyright act for the exclusive rights through which websites make their names copyright and no other can take their names for the profitability, and now mobile applications are also there to register under the copyright act for the exclusive rights for the more profitability.

How to copyright ?

Following are steps of copyrighting;

Step 1: Filing the Application

Along with the requisite fee, an application needs to be submitted either in DD/IPO. Once this application is filed, a diary number is generated and issued to the applicant.

Step 2: Examination

There is a minimum wait of 30 days for recording and analysing any objections that may come up against the copyright application

a. In case of no Objection:

The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:

1. In case of discrepancy found during scrutiny:

A letter of discrepancy is sent to the applicant letter is generated and sent to the applicant.

Based on the reply from the applicant, the registrar conducts a hearing of the alleged discrepancy row.

Once the discrepancies are sorted during the hearing, the extracts of the same are sent to the applicant for him/her to register the copyright.

2. In case of zero discrepancy:

This would mean that the copyright application fulfil all criterion required for the copyright. The applicant is then given the nod to go ahead with the registration of the same.

(If the registration is not approved, then the applicant received a letter of rejection)

b. In case of an objection filed:

While we listed above the scenarios of ‘no objections’, in case one is faced with an objection, the following proceedings take place:

Authorities send out letters to the two concerned parties, trying to convince them to take back the objection. After requisite replies from the third party, the registrar conducts a hearing.

Depending on whether the registrar accepts the reply, the procedure takes shape

1. If the application is accepted:

The application being accepted means that the objection has been rejected. The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:

2. In case of discrepancy found during scrutiny:

A letter of discrepancy is sent to the applicant letter is generated and sent to the applicant.

Based on the reply from the applicant, the registrar conducts a hearing of the alleged discrepancy row.

Once the discrepancies are sorted during the hearing, the extracts of the same are sent to the applicant for him/her to register the copyright.

c. In case of zero discrepancy:

This would mean that the copyright application fulfils all criterion required for the copyright. The applicant is then given the nod to go ahead with the registration of the same. (If the registration is not approved, then the applicant received a letter of rejection)

d. If application is rejected:

In case this happens, then the applicant receives a rejection letter that marks the end of the copyright procedure.

Step 3: Registration

As can be seen from the aforementioned steps, the registration solely depends on the registrar. Once everything is cleared from the registrar’s end, the applicant received the copyright and can legally exercise all rights that come with the owner of that copyright.

 

 

basic requirements for patentability of microorganisms can microorganisms be patented in india patenting of living organisms in india
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Can Micro-organisms be Patented?

You Might wonder weather Micro-organisms can be Patented or not?

Intellectual Property Protection in the form of a patent is granted for an invention which is novel, has an inventive step and is capable of being made or used in an industry.  But when an invention is said to be novel? An invention is new if it is not in the public domain by publication in any document or used in the country or anywhere in the world before the date of filing of patent application with full specification.  

As per the criteria for filing a patent- MICROORGANISMS in their NATIVE or ORIGINAL form cannot be patented as such!

With the advancement in the field of Microbiology and Biotechnology, Man has been developing tailor-made microorganisms to exploit their economic potential.

Prior to 1980, Inventions pertaining to microorganisms and other biological entities were subject to product patents in India i.e patents were granted for processes and products obtained using microorganisms but no patents were given for microbes as such.

For example- Louis Pasteur received a U.S. Patent No 141072 for process of fermenting beer but no patent was given for the living entity “yeast” per say. However, in 1980, Ananda Mohan Chakrabarty developed a “genetically modified” bacterium capable of breaking down crude oil.  This property of degrading crude oil was not not found in the naturally occurring bacteria and thus this invention was thought to have significant value for cleaning up oil spills.

Ananda Mohan Chakrabarty filed a US Patent for this genetically modified bacteria but his claim on a living entity was rejected by USPTO (United States Patent and Trademark Office). But the Supreme Court decision went in the favor of Ananda Chakrabarty. The Supreme Court stated that new microorganisms not found in nature were either ‘manufactured’ or ‘composition of matter’. The ‘product of nature’ objection therefore failed and Ananda Mohan Chakrabarty was granted US Patent No. 4,259,444 in 1981.

Thus, Genetically Modified Microorganisms are PATENTABLE!

However, when an invention involves a microorganism, completely describing said invention in the description to enable a third person put the invention into practice becomes difficult.  It would be virtually impossible to describe the microbial strain, its isolation, selection and modification to guarantee that the other person will obtain the same strain from the same environment. In such a situation, the microorganism itself will form an essential part of the disclosure and a sample of the microorganism must be deposited in a recognized institution for its availability to the public.

But while drafting a patent application, it has to be taken care that the description part of the patent application must enable a person skilled in the relevant area of technology to put the invention into practice.

In order to patent an invention involving microorganism in several countries, it is necessary not only to file a written description but also to deposit a sample of the microorganism with a specialized institution.

Because the handling and preservation of microorganisms require special expertise and equipments, such a process of depositing microorganism with a specialised institute for every country is complex and costly.

The “BUDAPEST TREATY” is an International Treaty administered by World Intellectual Property Organization (WIPO), signed in Budapest, Hungary in 1977 and came into force in 1980. The treaty allows or requires the Contracting States (80 Contracting Parties) to deposit a sample of microorganism for the purpose of patent with any Internationally recognized authority (IRA) irrespective of whether such authority is on or outside the territory of the said State. This means that it is no longer required to submit microorganisms to each and every national authority in which patent protection is required no longer exists.

There are 80 Contracting Parties of Budapest Treaty. For the list of Contracting States of Budapest Treaty refer to-

 http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=7

There are 46 on record INTERNATIONAL DEPOSITARY AUTHORITIES (IDA) under article 7 of the Budapest Treaty. For the list of INTERNATIONAL DEPOSITARY AUTHORITIES (IDA) under article 7 of the Budapest Treaty refer to-

http://www.wipo.int/export/sites/www/treaties/en/registration/budapest/pdf/idalist.pdf

However the depositor should, in particular, ensure that the deposit is made in the name of the applicant for the patent and a sample of the microorganism is deposited to an International Depositary Authority before filing the patent application. There should be sufficient time for delays in the mail or customs formalities (if the sample is being sent by mail). If the sample is found to be non-viable by the International Depositary Authority (IDA), a replacement sample has to be provided by the applicant for the patent.

India became a member of Budapest Treaty on 17 December 2001. In India, Microbial Type Culture Collection and Gene Bank (MTCC) at the Institute of Microbial Technology (IMTECH), Chandigarh, is a recognized International Depository Authority (IDA) of microorganisms.

how to pitch an idea to a company and get paid
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Idea for Business Protection * Innovative Business Concept

Brand New Idea for business Protection

 

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A proposal for a business includes many elements including pointers like MISSION and VISION of the business in 5 years time. For any business proposal it includes all the fundamental information such as the product or the services offered, the target audience, and a novel business marketing strategy that gives a company an advantage over its competitors is known as a business concept.

“New Idea Reveals How To Sell High Ticket Patent Business Ideas…Even If Nobody’s Ever Heard Of You”

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A business concept may involve a new product or service or it may simply comprise a unique approach to marketing or delivering an already existing product.

Idea for business Innovation

Got a great concept for business? Great you have already taken the first step for a successful business !! Once a concept is developed, it is incorporated into a business plan.

Idea for business, Idea lawyer for business, Idea attorney for business, Idea for business startup

Now you must be wondering what if someone else comes up with something similar? Idea for business must be protected.

Running a successful business is not a solo sport. We work with and through other people. In order to get off to a flying start, an entrepreneur needs investors, vendors, employees and may be a partner or a mentor. Thus eventually you have to discuss your idea with the masses. But what if someone steals your idea?

Ideas and concepts are valuable and throughout history innovative concepts have been copied or stolen.

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“Idea theft”  is an ongoing concern for many business owners and startups. A competitor could steal the idea and put it to use themselves. Instead of letting other party go away with your great concept and make a fortune, you should protect your concept by filing a patent.

As per the Patent laws, a mathematical or business model or  algorithms or a computer programme per se are not inventions and hence are not patentable. HOWEVER,  a hardware component to the flow diagram can make the overall business concept patentable. For a technology to be patentable, the technology must be incorporated into a new product or a process, involving an inventive step and should be capable of being made or used in an industry. For example Blockchain Technology, the talk of the town in itself is not patentable but if it is incorporated into a device it is patentable.

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Similarly ideas and concepts themselves cannot be patented.

But when you take a concept and turn it into an invention or process that meets specific criteria and requirements, it can be patented. A patent can help you remain competitive in your field and give you an edge on your rivals.

You can apply for a Utility patent or a Design patent based on the nature of your invention. Utility patents are granted to inventions that pertains to a new and useful process or useful improvements of a process, machine, article of manufacture or composition of matter. Design patents are given for new and original designs for an article of manufacture.

7 answers Is it possible to file a patent for a business idea in India

You can file a provisional patent application or a non-provisional application with full specification of your invention. A provisional patent application is a quick way to protect your invention if it is in the abstract stage. It will establish an early filing date. But a patent will be issued only after a provisional application is accompanied with the complete specification within 12 months from the date of filing of the provisional application. If the complete specification is not filed, the application shall be deemed to be abandoned.

Make sure your invention is novel, non-obvious and has a commercial value.

Every complete patent specification shall  fully describe the invention and its operation or use and the method by which it is performed.

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For example, an individual has an idea pertaining to a software that can be used for buying & selling property and has the expertise to transform that idea into an invention that is a mobile application. With such an idea provisional application can be filed for that mobile application and later complete specification can be submitted which fully and particularly describes the invention and its operation or use and the detailed method of performing the same.

If your concept fulfills all the requirements to apply for a patent, and there are no other previously filed patents, then it’s time to apply for your patent. Patent filing requires money. Patents have filing fees and maintenance fees over the life of the patent and a large amount of money is required for the defence of the patent. If your idea fulfills all the requirements to apply for a patent, and there are no other previously filed patents, then it’s time to apply for your patent. But before filing a patent make sure that the patent generates enough profit to justify the expenses associated with its filing.

It is advisable to seek legal counsel and advice before filing a patent and get patent professional involved for writing and filing patent. 

Patent filing in India involves the following steps for Idea for business protection-

i) Pen down your invention with as much detail as possible including drawings/ diagrams that explain the working or concept of invention. Brainstorm terms that effectively describe your invention along with their synonyms.

ii) Next step is to find out if the invention meets all the patentability criteria for the country in which the patent application is to be filed. Check the patentability of your invention by performing a search for similar technologies. A detailed patentability search helps determine the chances of getting a patent. Conduct In-depth review of patents as well as non-patent literature and electronic publications like books, journals, websites, technical catalogs and conference for similarity to your invention.

iii) If your invention is novel and meets all the patentability criteria, draft the provisional/ non-provisional application depending on the stage of your invention. If you are at the stage where you have complete information about your invention then you can directly go for complete specification. However if the invention is still in the development mode and tests are underway, it is a good idea to quickly file a provisional application to establish priority. Filing of the provisional application gives you 12 months of time to test and finalize your invention and file the complete application.

iv) Up on filing the complete specification along with application for patent, the application is published after 18 months of first filing. This is an automatic event and you need not make any request. However, if you wish to get your application published earlier, you can make a request for early publication (Form 9) and your application will ordinarily be published in 1 month from the request.

v) A request for examination is filed after which the patent application is examined.  by a patent examiner and the examiner creates a First Examination Report (FER). During the process of examination, the examiner will closely inspect the application to ensure that the application is in accordance with the patent act and rules. The examiner also performs a search to understand similar technologies to ascertain if the invention would satisfy the patentability criteria. Based on the analysis, the examiner will issue an Examination Report to the applicant, stating the grounds for objections.

vi) Once, the First Examination Report is issued by the examiner, the patent applicant needs to successfully overcome the objections to receive a patent grant. The inventor and patent professional create and send a response to the examination in order to  clear all the objections of the examiner. The whole process may involve responding to examination reports, appearing for hearing, etc. The ideal opportunity for putting an application all together for grant is 6 months (earlier 12 months) from the date on which the FER is issued to the applicant. However, this 6 month period can be extended for a period of 3 months by the applicant by filing a request for extension of time (Form 4).

vii) After all the objections are cleared, the patent is granted and is published in the patent journal.

Client Testimonial for Protecting Idea for Business:

RAJIV VERMA

Director at Wide Range International

June 24, 2017, Rajiv worked with Prity Khastgir IPR in different groups

It’s my absolute pleasure to recommend Ms. Prity Khastgir as a seasoned patent and trademark attorney in Intellectual Property portfolio research, cross border technology transactions, license agreements, etc. Prity and I are business-friends and are known to each other for quite some time now. I thoroughly enjoyed my time working with Prity, and came to know her as a truly valuable asset to absolutely any team. The grasp on subject matter is absolutely great along with a ability to summarise even the complexly wired matter pertains to IOTs and mobile applications, Software Development, Therapeutic Bilologics, Food Science, etc. She is honest, dependable, and incredibly hard-working. Beyond that she exhibit a “Keep It Simple and Straight” principle. Along with her undeniable talent, Prity has always been an absolute joy to work with. She is a true team player, and always manages to foster positive discussions and bring the best out of people around her

Best Wishes

Rajiv Verma

Idea for business, Idea for business law firm India

For further details contact-

7 Simple Ways You Can Protect Your Idea From Theft

 

Co Author-

*Thinking Geek*

Aanchal Verma, An enthusistic, adaptive, fast-learning person with a passion to develop new skills and solve new challenges.

Mechanical. BSKB's mechanical patent attorneys have substantial experience in preparing and prosecuting mechanical and design patent applications, as well as providing validity and patent infringement opinions, intellectual property portfolio management and client counseling.
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Patent Filing in Mechanical Engineering Sector

What is Patent Filing in Mechanical Engineering Sector?

Patent Filing in Mechanical Engineering Sector

Patent Filing in Mechanical Engineering Sector by expert IP patent Attorney trained by USPTO patent lawyer.

Since the inception of human civilization, there is a need to design and manufacture everything from small individual parts and devices to big systems. Man, in the course of his progress and civilization has learnt to develop various tools, machines, equipments and appliances and it is hard to imagine this world without any mechanical appliancetoday.  In fact we need them at every step and stage for any physical activity for leisure or work in the house, office or outdoor. Having said that mechanical engineering sector has evolved by leap and bounds over the years.

Affordable Innovation at cost effective rate for the benefit of the mankind is the need of the hour

Mechanical engineering is one of the diverse field of engineering that focuses on the design, analysis, materials and manufacture of systems and deals with producing myriads of products of our daily needs. The enormity of the products range from household products like washing machine, vacuum cleaner, sewing machine, etc to whole range of heavy engineering items and industrial machinery like cranes, construction and mining equipment.

Mechanical Engineering is at the core of creativity and enterprise of human. Invention of a new mechanical device require a great deal of work and drive to attain success. When a new mechanical device is invented, its inventor must seek a patent in order to avail exclusive rights to the device.

A patent is a type of intellectual property right that is granted to the original inventor/creator of an invention by the Patent Office or the Intellectual Property Office of the respective country. A patent grants the patent holder exclusive rights or monopoly over the invention, meaning that it is forbidden for another person or party to manufacture, distribute, sell, or import the invention without authorization.

Apart from providing monopoly to the patentee, the patent literature is essential and rich source of technical information available worldwide. Anyone can refer to the patent databases to understand what is going on in a particular area of science and technology.

The growth of the world economy and the progressing globalization lead to a rapidly expanding access to information and new markets for inventors, resulting in greater international competition and new forms of organization. As a result of technological advances and the increased flow of information, knowledge is increasingly viewed as the driving force of economic growth and innovation (OECD/Eurostat 2005).

Many Multi-National engineering companies which grew with mechanical inventions are now well known globally because of their inventory of thousands of patents to support their businesses.

Patent Filing in Mechanical Engineering Sector, Mechanical Engineering Patent attorney, Mechanical Engineering Patent lawyer

Directory of American Tools and Machinery Patents (DATAMP) is a database comprising patents of old machines and tools. DATAMP is non-profit volunteer endeavor supported by users having an inventory of thousands plus (and growing further) patents collected largely from the databases of USPTO and augmented with several other patents from other databases, i.e., from Canada, Switzerland, Germany and UK.

It is intended at creating a clearinghouse for information on antique tool and wood working machine patents allowing collectors of these tools to easily find information about the history of tools and trades.There is constant increase in the number of mechanical patents filed in India in the last few years.

India as a developing and upcoming nation should really look into this trend of patent filing for growth of India’s economy.In order to get a patent, the inventor has to reduce the invention to practice and must provide all the necessary information to enable an individual skilled in the field of mechanical engineering to create and use the invention.How do you get a patent on an idea? Can you get a patent on a business model?

Patent Filing in Mechanical Engineering Sector Services:

We at Tech Corp International Strategist (TCIS, India) can help you file a patent for your tool, machine, equipment or appliance. In the patent system you explain how to make and use your invention, in exchange for being able to prevent others from making or selling similar devices for a limited period of time.

But how should you disclose your invention to the public in your patent filing that it gives you an extra edge towards your competitors?? We can help you determine what elements of your invention are actually patentable. To make this determination, we create a patentability opinion. This is done by performing a prior art search, in which we analyse the patent and non-patent literature in the public domain about potentially similar inventions. Based on that comparison, we identify features that have not yet been claimed by other inventors, and determine which of those are most likely to be patentable.

Patent Application Filing Procedure-Process in India
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7 Step Strategy for Preliminary Patent Searches

This article provides a 7 step strategy for searching and evaluating relevant prior-art or any publication that discloses the invention for which a patent is to be filed.

1). The First and the most important step is to Brainstorm Terms that describe your invention. Begin by analysing and describing in written the purpose, composition and use of invention. Note down the important keywords and synonyms of words that describe the invention.

2). The second step involves identification of relevant Cooperative Patent Classification (CPC) using the keywords identified in the previous step from the USPTO (United States Patent & Trademark Office) Website Search Feature. Go to the USPTO Home Page and enter “CPC scheme (Key words describing invention)” on the top right search box and scan the results thus obtained.

In the following example we have identified the CPC scheme for shape (contour and architect are its synonyms used).

Look for the relevant results from the list obtained. If no relevant search reults are obtained repeat the step using other keywords & their synonyms identified in the previous step.

 

3). In the Third step verify the Cooperative Patent Classification (CPC) identified in the previous step by reviewing the definitions. CPCs are hyperlinked to a CPC classification definition. Definitions are helpful in establishing you have determined the most relevant classification.

4). Retrieve and Review all the patent applications assigned to the most relevant CPC classification. Focus on the abstract and representative drawings on the front page of the patent applications and narrow down the most relevant patent applications.

5). Conduct In-depth review of patents selected based on their front page information for similarity to your own invention paying close attention to the claims, additional drawings and specifications. References cited in the previously identified Patents may lead you to additional relevant patents.

6). Retrieve and Review in depth all the published patent applications under the Cooperative Patent Classification (CPC) previously identified for similarity to the invention paying close attention to claims, drawings and specifications of the patent.

7.   After completion of the preliminary search you may broaden your search based upon available time and resources. You may broaden your search by identifying International Patent Classification (IPCs)U.S. Patent Classification (USPC). Rerun your search using Espacenet, IPIndia and WIPO. Since inventions can be publicly disclosed in a variety of non-patent literature and electronic publications, you can choose to search books, journals, websites, technical catalogs and conference proceedings as well.

You may choose to hire a registered patent attorney or patent agent to review your search and conduct a follow-up search of his/her own.For further information on patents and patent filling in India connect with our highly skilled and experienced patent lawyers and IP strategists.

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Patents | Intellectual Property India

Replying to office actions is like writing on stone. Statements once made can't be retracted. A short sighted response aiming merely to overcome the objection
Indian Patent Attorney, International Patent Treaty, Patent Cooperation Treaty (PCT), Patent Filing India, Patent Innovative Ideas, patent research service, PATENT STRATEGY, patent validity

Filing Response to Office Action for a Patent Application

 

Processing of a patent application is a multi-step process. After the patent application has been documented and filed, the Patent examiners examine the Patent application. For this, a request for examination must be recorded in the prescribed manner with the Indian patent office.

A request for examination of Patent application is filed within six months from the date of publication of Patent application.

(For fees related to request of examination of application of patent refer- http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_11_1/Fees.pdf)

No application for a patent shall be examined unless the applicant or a patent attorney makes a request in the prescribed manner for such examination within the prescribed period.

When a request for examination of a patent application has been made by an applicant or a patent attorney, the application and specification and other documents related thereto shall be referred at the earliest by the Controller to an examiner for making a report.

The Examiner at the patent office checks for its qualification and formal clothing according to the law of every locale. After which a preparatory judgment is passed which is called “FER or First Examination Report” which might be looking for any sort of correction or alteration, or specifically giving out dismissals if the application esteems to be not fit and qualified.

An examination report is issued by the Indian patent office. The examination report is likewise called as first examination report (FER). The examination report contains a rundown of complaints raised by an inspector of the Indian patent office. The complaints are both specialized and formal.

The candidate needs to record a response to the examination report within a year of issuance of the principal examination report.

An application for a patent shall be deemed to have been abandoned, if the applicant is unable to compile with all the requirements imposed on him by the patent examiner.

After which the patent lawyer or operators might set up a response containing contentions, clarifications that might be opposite or obliging the analyst’s needs according to the cases required which is additionally called “Office Action Response”.

If necessary, the inspector of the Indian Patent office frequently calls a candidate or his approved operator for hearing of the case. Once the inspector is happy with the response documented and the sum total of what conventions have been agreed by a candidate, the application is placed arranged by giving. In the event that the inspector is not happy with the response documented and need to meet a candidate or his approved specialist (if an operator is named) to clear up specific issues, he may call a candidate/operator for a hearing.

At long last, after various office actions and replies, the analyst will go to a judgment over the patent application. Same occasions occur amid pre and post allow restriction of a patent yet the office actions are directed by 3 substances, the candidate, the inspector and the resistance filing party.

RESPONSE TO OFFICE ACTION IN RESPECT OF INDIAN PATENT OFFICE

As per “The Patent Rules, 2003 as amended by Patent (Amendment) Rules, 2016” and opportunity to put the application altogether for allowing under “Section 21” has been lessened from a year to a half year.

The ideal opportunity for putting an application all together to allow under Section 21 of Patents Act, 1970 in situations where the principal proclamation of protests has been issued by the Office on or after 16 May 2016, might be a half year (six months) from the date on which the said first explanation of complaints is issued to the candidate to follow every one of the necessities forced under the Act and Rules made there under as per Rule 24B (5) of the Patents (Amendment) Rules, 2016.

The ideal opportunity for putting an application all together for allow under section 21 as recommended under sub-rule (5) might be additionally stretched out for a time of three months on a demand in Form-4 for expansion of time alongside endorsed charge, made to the Controller before the expiry of the period determined under sub-rule (5).

Response to the objections: General Principles The response to the examination report must be complete. The response must demonstrate that the objections raised by the analyst are not legitimate. Besides, the response must contain sufficient and successful contentions with regards to the patentability of the invention

FILING RESPONSE TO OFFICE ACTION WITH RESPECT TO USPTO

In the United States, an Office action is a report composed by an analyst in a patent examination system and sent to the patent applicant. The expression is used in numerous jurisdictions. As a rule, the candidate must respond to an Office action within 6 months from the date the Office action is issued or the USPTO will desert the application, the application charge won’t be discounted, and stamp won’t register.

Types of office action:

·NON-FINAL OFFICE ACTION: Non-Final Office Actions are always the first office actions issued for a patent application. In non-final office actions, the patent examiner states his conclusion on the patentability of the claims. After a survey of the non-final office action, the application has the choice of no less than one of the accompanying.       

Contending the examiner is mistaken, and

Revising the claims to beat the inspector’s rejections. While responding to the Non-Final Office Action, the patent attorney should state in the response that the response to the office is “An Amendment/Reply to an Office Action under 37 CFR 1.111.

FINAL OFFICE ACTION: Final Office actions are commonly second office actions that are sent by the examiner in the wake of checking on the candidate’s response to the first non-final office action. The Final Office Action may incorporate:

 The same rejections as the first non-final office action or

New rejections- When responding to final office actions, the candidate has managed the same opportunities as responding to a non-final office action, with the exception of government fees must be paid if the candidate is revising the claims. On the off chance that the candidate is not revising the claims, the patent attorney should state in the response to the Final Office Action that the response to the office action is “A Reply to an Office Action under 37 CFR 1.116.”

Further

 When a final office action is issued a survey of the claims on the merits of the claims is “closed.” Therefore, to correct the claims after a non-final office action a Request for Continued Examination (RCE) is required.

Essentially, a Request for Continued Examination reopens prosecution, enabling the patent attorney to change the claims. On the off chance that the patent attorney’s amendments and arguments defeat the present rejections when filing an amendment with an RCE (amendment under 37 CFR 1.114) the following office action issued will be a non-final office action or a notice of recompense.

Be that as it may, if the amendments and arguments are not persuasive, the following office action issued will be a final office action. Because of the extra fees to alter the claims, when filing an amendment under 37 CFR 1.114 it is urgent to have a meeting with the examiner to discuss the merits of amendments.

Inventors and start-ups should understand that an average patent prosecution process includes no less than 1-2 Requests for Continued Examinations are required.

There are fees associated with filing data disclosure statements. Data disclosure statements are letters from the candidate to the patent office stating that the candidate has discovered new references that may influence the patentability of their development.

Applicants can bid an Examiner’s decision if the claims have been dismissed twice. Accordingly, if the claims were not corrected inside a response to a non-final office action, the claims are opportune to be bid. In spite of the fact that I don’t suggest filing an interest after a first final office action has been issued for start-ups, for real corporations this a strategy that they can take. Amid bid (takes 2-3 years) or Pre-Appeal Conference Request (6 months – 1 year), a board will audit the claims, referred to craftsmanship, and analyst’s rejections to decide whether the inspector’s rejections have justified.

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Indian Patent Attorney, INTELLECTUAL PROPERTY STRATEGY, Patent Cooperation Treaty (PCT), Patent Filing India, Patent Innovative Ideas, patent research service, PATENT STRATEGY

Inventorship and Ownership of Patents?

 

Who is the owner of the patent?

Inventorship and Ownership of a patent are separate and distinct issues. Disputes mainly arise over ownership of inventions between employees and employers.

Generally, the inventor owns a patent. However, the inventor and the owner of the patent may be different. This typically occurs when the inventor assigns the patent to an entity, such as a corporation or a university.

Complex and serious legal issues involving the ownership of a patent often arise when inventorship or the duty of an inventor to assign the patent is not clearly defined.

With patents, the concepts of inventorship and ownership, though related, are distinct:-

Inventorship is a legal concept that is based upon who meets the requirements to be an inventor.

The concept of Ownership relates to who actually owns the legal rights associated with the patent.

In the case of an Independent Inventor, the inventor and the owner of a patent are usually the same. In a University or a Corporate Setting, the inventor does not own the patent. Rather, the University or Corporation is the owner.

Patent applications filed in the United States must be filed in the name of the person who invented the invention.

The act of invention has two parts, “Conception” and “Reduction of Concept to practice.”

Conception is the formulation in the mind of the inventor of the complete means for solving a problem in such a way that a person skilled in the relevant art could practice the invention by following the inventor’s conception.

However, an invention is not complete following conception, It must further be reduced to practice. This can be accomplished in one of two ways.

 There may be an “actual” reduction to practice, which is when the invention is made and tested to determine that it works.

However, reduction to practice does not require the invention to be made. An invention can be “constructively” reduced to practice by filing a patent application claiming the invention.

For purposes of invention, a constructive reduction to practice is considered to be equivalent to an actual reduction to practice.

The inventor is the individual who has concept of the invention, provided of course that there has been a reduction to practice. An individual who reduces the invention to practice by following the conception of the inventor is not considered to be an inventor.

There may be only one inventor, which occurs when one person has conceived of the entire invention. Very commonly, however, invention is a collaborative process involving two or more people. When more than one person contributes to the conception of an invention, each is considered to be a joint inventor.

Joint inventors do not have to have physically worked together on the invention. There must have been some collaboration, however, and each of the inventors must have worked on the same subject matter and must make some contribution to the conception of the invention as it is claimed in the patent. All of the joint inventors do not have to be inventors of every claim.

Even if an individual contributes a conception to only one claim in a patent, that individual is still a joint inventor of the entire patent.

Each of the joint inventors are named on the cover page of a patent. The order of the names of the inventors has no legal significance.

The rights in the patent of one named inventor are the same as those of each of the other named inventors, irrespective of the order in which they are listed.

One final point concerning inventorship is that an individual who has not contributed to the conception of the invention is not an inventor, and is not permitted to be listed on the patent as an inventor.

Even if someone has contributed a large amount of money to permit the inventors to work, or if someone heads the research department in which the inventors work, that person is not an inventor.

Inclusion of such a person’s name as an inventor on a patent, with knowledge that the person does not qualify as an inventor, can result in invalidity of the patent. Therefore, that person’s name must not be listed as an inventor on the patent.

Absent any contrary agreement or duty to assign the patent, the named inventor is the owner of the patent.

As the owner of the patent, the inventor has the right to prevent others from making, using, selling, offering to sell, or importing the patented invention.

If there are joint inventors, unless there is a contract, each of the inventors has an undivided interest in the entire invention as claimed in the patent.

Each of the joint inventors may practice the invention without consent of the other inventors and without any duty to pay the other inventors a portion of the profits from the exploitation of the patent. There is no fiduciary duty between the joint inventors.

Also, each joint inventor may license the patent without approval of the other inventors and without paying them a share of any royalties received from the licensee.

Because of this, in any situation involving more than one inventor, the inventors should agree by contract how the rights in the patent will be apportioned.

For example, the inventors may agree that all proceeds from licensing the invention will be split regardless of which inventor actually licenses the invention, or that each of the inventors will have separate exclusive rights to the patent in different geographical regions of the territory.

Often, inventors assign their inventions to their corporate or university employers. When this occurs, inventorship and ownership of the patent differs.

Here, the corporate or university assignee, and not the inventors themselves, owns the rights in the patent.

Unless there is an agreement requiring it, the assignee/owner does not have to make any payments to the assignor/inventor for exploiting the patent.

An obligation to assign a patent usually arises when there is a contract between the inventor and the assignee requiring an assignment, such as when a contractor is hired to solve a particular problem, or when certain employer/employee relationships exist.

Generally, an employee must assign an invention to an employer if the employee has a specific contractual obligation to assign or if the employee was hired to invent or is directed by the employer to solve a particular problem.

Although courts have divided on this issue, employees who have been hired to do research in general usually do not have to assign their inventions to their employers. Also, employees who have been hired for purposes other than to do research have no duty to assign their inventions to the employers.

Of course, parties may define their rights by contract. It is a good idea for companies and universities to have contracts in place with their researchers that require assignment of any invention discovered in the course of their employment.