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.
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.
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”
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.
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.
“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.
Similarlyideas 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.
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.
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:
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
For further details contact-
Aanchal Verma, An enthusistic, adaptive, fast-learning person with a passion to develop new skills and solve new challenges.
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.
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.
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