The idea of getting patents is a good moves from the point of view of enforcing the patent rights. Let’s talk about haptic technology patented by Immersion.U.S. Patent No. 8,619,051 titled ‘Haptic Feedback System and Stored Effects‘ which deploys feedback to a device by responding with a vibration and the ability to store the feedback patterns and effects.
Important International Patent Classifications Identified by the Patent Examiner in this Patented Innovation:
G06F3/041Digitisers, e.g. for touch screens or touch pads, characterised by the transducing means
G06F3/016Input arrangements with force or tactile feedback as computer generated output to the user
H04M19/04Current supply arrangements for telephone systems providing ringing current or supervisory tones, e.g. dialling tone, busy tone ringing-current generated at substation
H04M19/048Arrangements providing optical indication of the incoming call, e.g. flasher circuits
Haptic devices incorporate microcontrollers, drivers, actuators or motors, as well as software for multimodal experiences that improve the usability by engaging touch, sound and sight. Haptics is widely becoming a tool used in a variety of applications they can be found in virtual reality applications to give a greater sense of realism or create a 3D environment. The haptic technology has been found in smartphones and computer and video games for many years but the innovations utilizing haptic technology is now integrating haptic technology into healthcare, transportation, robotics etc.
Some of the recent patents based on haptic technology:
Title: Eye tracking to move the cursor within view of a pilot
Assignee: Rockwell Collins, Inc. (Cedar Rapids, IA, US)
Publication Date: 28 Nov 2017
The present disclosure is directed to a method for managing a location of a cursor on a display. The method may include the step of receiving an input from a user. The method may also include the step of detecting a gaze of the user within the display. The method may also include the step of displaying the cursor on the display within the gaze of the user.
Title: NOVEL PORTABLE DEVICE HAVING A CHANGEABLE ILLUMINATED DISPLAY AND COMMUNICATIONS PLATFORM
Assignee: Eiland, Donald Curtis (Milpitas, CA, US)
Publication Date: 7 Dec 2017
The present invention relates generally to illuminated display devices and methods of displaying indicia, advertisements, etc. on a changeable illuminated display. The display device comprises a frame structure, a plurality of openings formed in the frame structure, the plurality of openings comprising first and second open spaces disposed at top and bottom positions, respectively, of the frame structure, and the plurality of openings further comprising a third open space disposed between the first and second open spaces. The display device further comprises a compact image display device operable to display an image, the compact image display device held and positioned relative to the frame structure such that first, second, and third different portions of the image, when displayed by the compact image display device, are visible through the plurality of openings first, second, and third open spaces, respectively. Additionally, control circuitry is coupled to the compact image display device.
Title: Haptic augmented and virtual reality system for simulation of surgical procedures
Assignee: IMMERSIVE TOUCH, INC. (Westmont, IL, US)
Publication Date: 7 Feb 2017
The present technology relates to systems, methods and devices for haptically-enabled virtual reality simulation of cerebral aneurysm clipping, wherein a user uses two physical stations during the simulation. The first station is a haptic and augmented reality station, and the second station is a haptic and virtual reality station.
The first thought that comes to creative intellectual mind in Industry 4 Era is Internet and combination with so many souls in the online world. What is Software? What is Software-Hardware Product? How to deploy Software-Hardware Patents?
International Patent Research Workshop for Intrigued Genius Minds
Take your intelligence to next level. Welcome to the world of understanding innovations happening in cutting edge technologies across the globe. Learn more about current technology trends that will shape up economic disruptions across the globe. Learn more about innovations happening in the field of Artificial Intelligence, Cognitive Computing, understand use of chatbots, virtual agents, virtual assistants, wearables – augmented and virtual reality, IoT, Blockchain and other state of the art technology.
Albert Einstein, Thomas Alva Edison and Wolfgang Amadeus Mozart all were genius people in their lifetime.
Now what set these people apart from the rest and made them achieve what they did?
It’s pretty simple really: they all simplified the existence of existing laws and the way of seeing life in different way.
Every human is eligible to attain that height of being genius. CHOICE is YOUR whether to BELIEVE in YOUR IDEAS and #makeithappen
Imperfection is beauty, madness is genius and it’s better to be absolutely ridiculous than absolutely boring. – Marilyn Monroe
International Patent Research Workshop
Venue: Aerocity, New Delhi
Demystifying Patent Research Basics
The patent research workshop will cover holistic view of the legal viewpoint
As to how to perform patentability search?
How to perform state of the art searches?
How to perform validity patent searches?
How to perform Infringement searches and freedom to operate searches?
As a company it is important to understand the type of research which needs to be performed to identify the OPPORTUNITIES to create your own niche in the competitive market. For example, patentability search can be performed if any person or any innovator of a company has an idea or is doing a research.
WHEN to perform patentability search before filing a patent or after filing provisional patent application?
The company would like to know What is the SWOT analysis or in simple terms, identifying what are the different innovations or research which has already happened across the globe.
As a business owner knowing what happens in 2-3 years from now is a strategic move
When to protect intellectual property?
It’s very tough question to answer and it is not very easy to protect every creation of mind. Yes, there are some ways in which you can actually add some pointers and then file a patent application. Ideas are creation of mind and it might happen at one point of time the same idea is bouncing in multiple minds at neutron level across the globe.
First very important factor for an innovation to be PATENT WORTHY is that an idea should be new. New means that idea should be new concept all over the world not only in India. So the idea actually qualify for even being patent worthy is performing patentability research. Many patent databases are very helpful to perform the patentability. One example is WIPO which stands for world intellectual property organisation.
The WIPO database is worldwide patent database. Other important databases are espacenet, and USPTO.
Many times we get patent queries regarding what kind of patent databases are you using for performing your any kind of patentability or any kind of patent research?
Our BELIEVE is SIMPLE we use our intellect and use non paid patent tools.
Obviously, when you are using a paid database it is expensive. However, you are not using your intellect as a patent attorney or as a patent researcher to come up with ways and means to do your research in a manner which suffice the purpose of that particular invention or idea so that is very very important.
Over the years we have been able to find out better results by defining the kind of scope of work which we plan when we get a patent research query.
There is no STEP WISE MANTRA that would be applicable in all the patent searches. What is important is to analyse CRUX of the invention or the innovative features of the invention use your intellect as a patent researcher, and make the key strings.
What kind of strings will work better and if you have less time how to go about doing state of the art searches?
State of art search is basically talks about what kind of innovation already has happened in a particular sector. For example it can be a solar sector where by solar energy is being used to light up the lamp or it can be a LED sector where the technology relates to packaging of the LED to reduce the heat sink capacity.
However, what is important to understand what kind of approach or parameters are you going to take into considerations as a patent researcher.
KEY LEARNINGS FROM THE WORKSHOP
We will be discussing a lot on different kind of technologies. It is exciting to know that YOU don’t have to be an expert in a particular technology to do a patent research. Obviously, if you are a scientist or Phd in particular area it will take less time to understand the technology but at the same time as a patent researcher or as a patent attorney one should understand your job is to identify the innovative features.
Imbibing the acumen of a researcher and techno legal domain will is helpful when you are responding to office section response. The office action response is issued by the patent examiner and the patent examiner performs the search on a particular invention and will come up with objections so as a patent expert or patent attorney you need to respond to those objections. How to respond to office action response will be part of different workshop which we would be doing in the coming months.
How different kind of strategies can be applied as there is no one strategy which will be applicable to all patent searches but of course that key take away from the workshop would be that you would be able to understand what are the parameters you should actually look when you are doing the research.
Multinationals are coming in India so there is lot of job opportunities which are going to be there in near future and if you are already in the league of understanding how to perform patent research and can STRATEGISE a BUSINESS PLAN for the startup you get yourself a high package job.
You will be in a position to help the companies with their day to day activities whereby a lot of research is being performed by the scientists and many a times they have no clue whatsoever.
What kind of research is of prime importance?
What kind of research should be finished first?
What kind of research is being done by competitors?
Difference between Patent pending and Patent granted
Patent-pending sounds great, doesn’t it? But it does differ from a regular patent. Not every patent application results in a granted patent.
“Patent pending” (sometimes abbreviated by “pat. pend.” or “pat. pending”) or “patent applied for” are legal designations or expressions that simply means that you have applied for, but have not yet been granted, a patent.
The words “patent pending” carry no formal legal significance but it communicates that you are “pursuing a patent” and have filed a provisional patent or a patent application. The patent applicants usually mark their articles with such words after filing an application because Patent-pending status protects your innovation while you are working through the patent process by keeping competitors from scooping your idea and marketing it as their own.
A strong patent portfolio help in fuelling investments for emerging tech companies. Investors often look to see whether a budding company has protected its intellectual property when determining whether to invest or not. It is more likely that you will be taken seriously if you come to the table with excellent technical knowledge and a patent-pending for your idea that’s been well-researched and profits projected, even if you don’t have all the connections with the big players. Holding a patent pending status also allows you to begin marketing for your product even before the patent is granted providing some control over the use of your product while warning others against attempting to file patents for substantially similar products.
However, the use of patent pending status by the patent applicant does not prohibit the third party to plead as innocent unless the patent number is indicated as the infringement action can be initiated only after the patent is granted.
Patent-pending status is temporary and only offers protection for a brief period of time, with protections similar to a regular patent. “Patent pending” (sometimes abbreviated by “pat. pend.” or “pat. pending”) or “patent applied for” are legal designations or expressions that can be used in relation to a product or process once a patent application for the product or process has been filed, but prior to the patent being issued or the application abandoned.
Not every patent application results in a granted patent. A patent can be licensed only after it is granted. Licensing a patent simply means that the patent owner grants permission to another individual/organization to make, use, sell etc. his/her patented invention according to agreed terms and conditions.
The basis of filing a divisional patent application is the existence of a plurality of inventive concepts in the parent patent application.
If in one parent patent application, the patent claims do not relate to a single invention and discloses two or more inventions, the patent law provides the inventor with the opportunity to protect multiple inventions disclosed in one patent to file a further patent application as a divisional patent application.
Applicable Indian Patent Law in context of Filing Divisional Patent Application Filing before Indian Patent Office:
Under Section 16, of the Indian Patent Act,1970 the Patent Controller has the power to make orders in respect of division of parent /main patent application which relates to a plurality of inventions. Section 16 (1) states that:
“A person who has made an application for a patent under this Act may, at any time before the grant of the patent, if he so desires, or with a view to remedy the objection raised by the Controller on the ground that the claims of the complete specification relate to more than one invention, file a further application in respect of an invention disclosed in the provisional or complete specification already filed in respect of the first mentioned application”.
Thus, in order to comply with the Controller’s objection on the ground that the patent claims of the complete patent specification relate to more than one invention, the patent applicant can file for a further patent application in respect of an invention disclosed in the provisional or complete specification already filed at any time before the grant of the patent.
However, the divisional patent application filed should not contain any new matter which was not part of the first patent application filed before the Indian Patent Office.
The divisional patent application claims the priority date of the parent patent application, contains generally the same specification as the parent patent application but has a different set of claims.
The divisional patent application shall be processed and examined when the request for examination is filed within the prescribed period.
The Divisional Patent Application is treated as a substantive Patent application with a separate application number. A divisional application shall be examined vis-à-vis the first mentioned parent patent application so as to avoid patent claim overlap resulting in double patenting.
A divisional patent application is treated as a substantial patent application in the following ways:
a) Patent fee(s) is required to be paid;
b) Separate request for examination requires to be made;
c) Patent will be prosecuted separately;
d) Treated as an independent patent
Our Indian law firm provides intellectual property law support services to domestic and foreign clients. We offer cost-effective IP consulting services in all areas of intellectual property law ( patents, trademarks, utility model or design) in India. The law firm works 365/24/7 and offers customized full services to wide array of clients from fortune 500 companies to mid size foreign intellectual property law firms. Over the years, we take pride in creating value for the customer.
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.
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.
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.
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-4for 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.”
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.
If a man is keeping an idea to himself, and that idea is taken by stealth or trickery-I say it is stealing. But once a man has revealed his idea to others, it is no longer his alone. It belongs to the world.” ― Linda Sue Park
Patents allow companies with innovative products to benefit from their research and development by giving them exclusive right to make and sell these products, usually for a period of 20 years.
A delay in granting patents prevent companies from commercializing their products whereas a quick grant of patent allows the companies to fully enjoy their patent rights by providing an opportunity to capitalize.
“We are born rich, it is for us to decide between materialistic poorness or building upon intellectual richness.” ― Vishwas Chavan
Technology is moving at a very fast pace. By the time a technology is developed and commercialized it’s more efficient alternative is in the pipeline. So in today’s age where patent rights play a vital role in encouraging innovations across the globe, a timely grant of patent is imperative.
One of the problem in Indian Patent System is that patent grant process in India takes a long time and there is a huge backlog of pending patent applications in Indian Patent Office. A patent application takes on average 6 years to get approved in India.
A faster prosecution of patents requires an efficient working of the Indian Patent Office and active compliance from the applicants. Also an important factor behind the delay is shortage of patent examiners. With increased examiners and controllers it is expected that the time for patent grant will come down.
“The patent system added the fuel of interest to the fire of genius” -Abraham Lincoln
Moreover, Indian Patent Office has launched many new initiatives directed at faster examination of patent applications one such initiative is expedited examination routine which application is taken out of the normal queue and examined. Patents are granted within a time frame of 12-15 months and office action is issued within 3-4 months of submitting the request for expedited examination.
“Intellectual property is a key aspect of economic development” – Craig Venter
The following category of applicants can use this expedited examination route according to Patent rules amended in 2016-
(i) A Startup Company which according to the said rule is a an entity involved in research and development, is not more than 5 years old and does not have an annual turnover of 25 crores of Indian currency.
(ii) A patent applicant which has selected India as the International Searching Authority in the PCT application corresponding to the Indian Applicant.
If an applicant satisfies the above criteria but has already filed the Request for Examination(RFE), can convert the already filed RFE to an expedited one by paying balance fee.
Patent Office adds the flame of interest to the light of creativity. And that is why we need to improve the effectiveness of our Patent Office”. – Abrahm Lincoln