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Difference between Patent pending and Patent granted

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.

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

“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.

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India: Divide And Patent. How to file a Divisional Patent in India?

India: Divide And Patent

How to file a Divisional Patent in India?

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.

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Why to file mobile app software patents?

 IS IT NECESSARY TO PATENT MOBILE APPLICATIONS?

Today in this era of Technology, the development in the field of mobile applications, has surpassed that of any consumer technology in history. Mobile application market is rapidly-expanding with the change in marketing strategy of businesses in 2017.  For reshaping the future of market and for the ease of consumers, top most companies across the globe are not just investing in advertising their product or services but they are  also developing mobile applications for their brands.India’s smartphone market is flourishing and it is fascinating to observe that people are adopting smart devices 10 times faster than that of the 80s PC revolution.

Software and Mobile Applications, including those sold in Apple’s App Store for the iPhone and the Android Market for Android phones, are an increasingly profitable market with huge commercial benefits. With the rise in commercial success of the App Store, Google Play, Samsung Apps, and the Windows Phone Store, mobile applications have increasingly been a hot topic for patent clients.

Mobile applications are similar to other software and business methods when it comes to patent eligibility and patentability, which effectively implies that Mobile Applications are patentable!!

Reach patent professionals, experts and companies for guidance and to select right match for your requirement.

Recently a mobile application patent US 20170265038  was filed claiming a GUIDING SYSTEM FOR POSITIONING TARGET OBJECT”. The mobile app idea relates to a guiding system for positioning a target object, which is capable of guiding a user of a mobile device to the position of the target object comprises an wireless positioning device configured on the target object, a plurality of base stations configured around the target object, a positioning server, and an application software built in the mobile device. The wireless positioning device sends wireless broadcasting signal to the base stations. The base stations measure the intensities of broadcasting signal and then send the broadcasting signal and the intensities to the positioning server. The positioning server calculates a locating area of the target object according to the broadcasting signal and the intensities, and then sends the locating area to the mobile device. The application software displays the locating area of the target object to guide the user of the mobile device to the locating area.

In order to validate Food Safety and pathogen destruction in food material a recent patent US 20170231417 was filed for an “Apparatus and Method of Temperature-Precise Culinary Processes Including Food Safety Verification”.

The application relates to an apparatus and method for control of temperature-precise culinary processes with real-time verification of food safety and pathogen destruction. The apparatus and method utilizes software process control for monitoring and recording input temperature sensors, controlling active relays for adjusting temperature according to set programmable recipes. A connector kit (local or in the cloud) or gateway module receives real time data from the sensors and relays, and enables communication of real time data with client applications. An automatic process interface (“API”) and a communication channel (“websocket”) enable the connector kit (local or in the cloud), mobile applications, a website and cloud to share data and instructions. The API also stores data for authentication of client applications communicating that information via the connector kit (local or in the cloud) or gateway module enabling execution of client applications; the viewing of live and historical data from sensors; thereby generating live and historically validated food safety data with means to verify pathogen destruction and safety.

A number of mobile health applications are being developed to cater the needs of patients. United States Patent Application 20170193164 titled “SYSTEM FOR THE DISTRIBUTED COLLECTION OF BRAIN HEALTH INFORMATION” provides a system for collecting medical data about a subject between visits to a health care professional. The system includes a medical records database that stores patient data for access by the health care professional and an interactive and distributed data collection system provided to a team of collaborators (doctors, parents, teachers, etc.) who are to collect data about the subject between visits to a health professional. The data collection system includes a plurality of mobile computing devices implementing a software application adapted to periodically collect symptoms data and activity data about the subject in response to prompts relating to the subject’s condition, to enable chat discussions amongst the team of collaborators about the symptoms and activities of the subject, and to periodically forward the collected data in a report to the medical records database.

United States Patent Application 20170180961 titled- “SYSTEMS AND METHODS FOR AGGREGATING MEDIA RELATED TO AN EVENT ” relates to a system for aggregating media which includes a server equipped with a processor and memory and having an event database associated with it which contains a plurality of events, wherein each of the plurality of events has a temporal window and geofence associated with it; and a plurality of users, each having associated therewith a mobile technology platform equipped with a display and a memory which communicates with the server. The memory of each mobile technology platform has an instance of a software application is installed which monitors the current location of the user, prompts the user to check into events present in the event database when the user enters a geofence associated with an event within the temporal window associated with the event, associates, with one of the plurality of events, media which was captured by the user while the user was checked into the one of the plurality of events and within the temporal window and geofence associated with the one of the plurality of events, and uploads the captured media to the server.

United States Patent Application 20170113747 titled- “ANTI-THEFT DEVICE FOR BICYCLES” pertains to an anti-theft device for a bicycle. It includes a tilt sensor attached to the bicycle wherein the tilt sensor has a tilt switch to detect upright orientation of the bicycle; a microcontroller, electrically connected to the tilt sensor; a transceiver, electrically connected to the microcontroller, which wirelessly transmits or receives signals; a computing device to wirelessly receive or transmit the signals; and a software application installed on the mobile computing device. If the tilt sensor detects an upright orientation of the bicycle, it sends a signal for the upright orientation to the microcontroller and the signal is forwarded to the software application. Then, the software application sends a warning to a user through a user interface. If the tilt sensor detects an upright orientation of the bicycle, it sends a signal for the upright orientation to the microcontroller and the microcontroller activates a warning beep to emit a high-pitched sound.

If you think your mobile app idea is worth filing a patent, we can assist you. We at Tech Corp International (TCIS, India) 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. Our team of patent experts can help you in writing the patent application, especially taking into account the factor of how to broaden the patent claims.

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