Patents can be granted for under Section 2(1)(j) for a new invention.
PATENT ACT 1970
WHAT CAN BE PATENTED? WHAT NOT CAN BE PATENTED?
According to “The Patent Act 1970” Invention means a new product or process involving an inventive step and capable of industrial application and “new invention“ means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art.
Inventive step is defined as feature of an invention that involves technical advancement as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.
Industrial Application according to The Patent Act 1970, means that an invention is capable of being made or used in any kind of industry. (Utility).
Patents cannot be awarded for-
(a) an invention which claims anything in contrast to well established natural laws. For example a machine that has more than 100% efficiency.
(b) Biological warfare material or devices or weapons of mass destruction, the intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment.
(c) the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature. For example, a microorganism discovered or isolated from nature cannot be patented,
(d) just the discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or only the discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant. For example the discovery of new properties of a tulsi.
(e) a substance obtained by simply mixing two components resulting only in the aggregation of the properties of the components thereof or a process for producing such substance. For example- Combiflam [Paracetamol (antipyretic) + Brufen (analgesic)]. However, a mixture resulting into synergistic properties of components may be patentable.
(f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way. For example- an umbrella with a torch.
(g) a method of agriculture or horticulture. For example the process of producing new form of a known plant. However agricultural equipments are patentable.
(h) any process for or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products. For example- a process relating to surgery.
(i) plants and animals in whole or any part thereof other than micro organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals. For example- a process for production of plants or animals if it consists entirely of natural phenomena.
(j) a mathematical or business method or a computer programme per se or algorithms. However a new calculating machine or a software that has a commercial value is patentable.
(k) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions. A copyright can be obtained for the same.
(l) an invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.
(m) Inventions relating to atomic energy are not patentable. No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of section 20 of the Atomic Energy Act, 1962.
Our team at TCIS, India consists of experienced professional patent researchers, patent strategists, law experts and mediators who are experts and have experience in performing more than 2200+ patent searches in all technological domains.
Our technologicalTHINKING GEEKS experts provide their assistance to gain a clear perspective over technical as well as market difficulties that Your PATENT may face while launching and entering into a country.
We at TCIS, India have a well renowned team of Lawyers of Delhi/ NCR who have vast experience of more than 12++ years. We at TCIS, India have inspiring and tireless mediators who have successfully completed mediation in disputes related to co-founder disputes, company disputes, mediation is website ownership, trademark infringement, commercial disputes, patent infringement, intellectual property disputes, disputes in corporate sectors and trademark commercial disputes.
We at TCIS,India BELIEVE mediation is a voluntary and a non-coercive form of conflict management, wich is highly practical within the intricate dynamics of international relations, dominated by the principles of preservation of actors, independence and haptonomy.
“Best case scenario, the mark is a blend of two well known English words. Once a typical phrase in the English dialect which specifically describes the item is embraced by a business enterprise, such reception normally entails the risk that others in the field would also be qualified for use such phrases gave no endeavor is made to ride on the fleeting trend of the appellant’s indubitably market driving item ‘Sugar Free’. In this association, simply because the attributes of ‘sugar free’ can be described by different phrases can’t detract from the regular usage of the phrase ‘Sugar Free’ as signifying products which don’t contain sugar and any dealer which adopts such mark in the market, does so with the unmistakable learning of the possibility of different traders also using the said mark. That is precisely the reason for the dissent of assurance to such marks by refusing registration as envisaged by Sections 9, Section 30 and Section 35 of the Trademarks Act, 1999.”
Cadila Pharmaceuticals Ltd.
It is one of the biggest privately held pharmaceutical organizations in India, headquartered at Ahmadabad, in the State of Gujarat. In the course of the most recent six decades, the organization has been creating and manufacturing pharmaceutical items in India and offering and dispersing these in more than eighty-five different nations around the globe. It focuses unequivocally on Innovation and Research, the organization is available in more than forty-five helpful zones spread crosswise over twelve specialties, including cardiovascular, gastrointestinal, analgesics, haematinics, hostile to infective and anti-microbial, respiratory operators, ant diabetics, and immunological.
Recently Cadila Pharmaceuticals Ltd. filed a suit against Gujarat co-operative Milk Marketing Federation Ltd & oths.
It manages the Establishment of an immediate linkage between milk makers and customers by taking out mediators, Milk Producers (agriculturists) control acquirement, handling, and marketing and, Proficient administration.
GCMMF (Amul) has helped India to rise as the biggest milk maker on the planet. More than 15 million milk makers pour their milk in 1, 44,500 dairy helpful social orders the nation over. Their milk is prepared in 184 District Co-agent Unions and promoted by 22 State Marketing Federations, guaranteeing a superior life for millions.The case has been filed over use of the words “Sugar free”.
Cadila Healthcare Ltd. v. Gujarat Co-operative Milk Marketing Federation Ltd. and Ors’ 2009 (41) PTC 336 (Del.) (DB) is a judgment of the Delhi high Court that arrangements with the issue of mediating the peculiarity of a trademark when it is at first sight, “expressive” in character.For the situation, Cadila Healthcare Ltd. propelled an item containing ‘aspartame’, a sugar substitute, under the brand name ‘Sugar-Free’ in the year 1988.
Cadila had purportedly coined and embraced the trademark‘Sugar-Free’and was the principal client of the said trademark in India. Gujarat Co-operative received a stamp consisting of the words ‘Sugar-Free’ for their solidified pastry, indistinguishable with and misleadingly like the Cadila’s trademark.
The Gujarat Co-operative notwithstanding, as a matter of fact, were not offering their items under the name ‘Sugar-Free’, yet utilizing the same as an expressive modifier for their item. Cadila recorded a suit under the steady gaze of the educated Single Judge looking for a declaration of changeless injunction for controlling Gujarat Co-operative from utilizing as a part of any way, especially in connection with their items, the articulation ‘Sugar Free’, which Cadila asserted had obtained selectiveness as a trademark in connection with its different items.
The application for an injunction was expelled by the educated Single Judge, against which the present interest was recorded.It might be specified here that the litigant had a 74% offer in the sugar substitute market in India, plainly building up a prevalent premium.
The claim of eliteness depended upon the term ‘Sugar-Free’ being a coined word. The court decided that M/s Cadila Healthcare can’t be permitted to utilize the articulation since it was inalienable spellbinding in nature and has become a commonly utilized word in connection to nourishment and drinks. It likewise watched that “sugar-free” was not a coined word or an irregular combination of words.
Since it was a commonly utilized articulation in composed and additionally communicated in English, it could in this way not be hoarded for use by any exchange.
In perspective of the above supposition, the Court declined to concede an injunction on the utilization of the said check by Gujarat Co-operative as a piece of a sentence or appealing legend in order to portray the idea of their item.
They were that as it may, require diminishing the text dimension of the said term, which conspicuously stood greater than the trademark of the item.
Apply for TM Registration and discuss your brand strategy and understand importance of brand, logo and tagline with expert consultants at Tech Corp International Strategist India TCIS, India.
IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET”YOUR” TRADEMARK REGISTERED IN TWO- THREE WEEKS
We at Tech Corp International Strategist India(TCIS) provide Trademark services:
TRADEMARK OFFICE ACTION RESPONSES
We at TCIS,India evaluate your office action after client discussion and understanding his business quotes and let you know if there is a fair chance to get your trademark application approved. If you decide to hire our trademark lawyers / trademark attorneys at TCIS to draft a response to the office action, cost effective flat rates are available.
As experienced trademark attorneys we at TCIS are well versed in responding to office action letters issued by trademark examining attorneys at the Indian Patent Office(IPO) and Indian Trademark Office.
Trademark Monitoring Services
We at TCIS,India also offers trademark monitoring services for OUR clients. This service is designed to protect the client’s trademark by periodically reviewing the records of the Indian Patent Office(IPO) and Indian Trademark Office, and additional sources, depending on the monitoring service requested, for applications to register, or use of, confusingly similar marks.
The firm offers a variety of services, including representation in cancellation and opposition proceedings at the Trademark Trial and Appeal Board.
CALL NOW FOR YOUR FREE CONSULTATION WITH TRADEMARK ATTORNEY at 011 6654 4992 OR SEND AN EMAIL TO email@example.com
When you contact Trademark attorney at TCIS,India whether by phone or email, you can expect to receive prompt, professional, efficient and courteous service.
Clients of the firm enjoy the following:
Free initial trademark consultation with an experienced trademark attorney
Review of office actions by an experienced trademark attorney
Trademark attorney personal attention to their matters
Firm ideology of involvement that requires “going the extra mile”
Firm policy to return client phone calls and respond to emails immediately whenever practical
Cost-effective flat rates
OUR CLIENTS ARE LOCATED THROUGHOUT THE WORLD INDIA,UNITED STATES, AUSTRALIA, CANADA, CHINA, DENMARK, ECUADOR, HONG KONG, MALAYSIA, SINGAPORE, INDIA, ITALY, INDONESIA, SOUTH AFRICA, SOUTH KOREA, SWEDEN, FRANCE, SWITZERLAND, U.A.E. , UK.
IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET”YOUR” TRADEMARK REGISTERED IN TWO- THREE WEEKS
Co Author: Aarti Dhillon is a third-year law student pursuing BBA LLB (Hons.) with specialization in corporate laws from the College of Legal Studies, University of Petroleum and Energy studies. She is an enthusiastic individual with an emphasis on achieving astounding standards both personally and academically. She is an aspiring corporate law and patent law enthusiast who is captivated with exploring, learning and practicing technology, invention, business, and law simultaneously. In her opinion Law, business and technology have reliably been the thing that has intrigued her the most and how with genuine learning and practice with regards to the said three, one can organize the framework to oblige individuals’ individual needs. She plans to have an effective law career ahead and apply her aptitudes obtained from both her work and academic experience and further enable her to make a difference in people’s life.
How do you Patent a Business Idea for a Fruitful Startup Business Strategy ?
Creativity is inventing, experimenting, growing, taking risks, breaking rules, making mistakes and having FUN. -Mary Lou Cook
How do you Patent a Business Idea for a Successful Business Venture?
An IDEA IS CONCEIVED by the genius mind to solve existing problem. The word “invention” is termed to the idea conceived at the ideation stage when the inventor is able to solve existing problem in the market. Problem can be personal or can be applicable to the large masses.
When a business entity like Fortune 100 company is able to resolve existing technology in the same domain the problem is UNIVERSAL and applicability is worldwide.
We as innovators and inventors are programmed to understand different patterns existing around us. CHANGE is EVERYWHERE and inevitable truth of LIFE. As an inventor or a startup we should realise the importance of protecting innovative ideas.
DO YOU have a GREAT IDEA for a SUCCESSFUL Business Venture?
So, if the ANSWER is YES…YOU have already taken the first step to protect your idea for a successful business !!
Now you must be wondering what if someone else comes up with something similar. BEST SOLUTION to such thoughts is to Patent a Business Idea.
Patent a Business Idea in India * Patent a Business Idea in USPTO
Technically, you can’t patent an idea for a business. For example, if you have a unique idea for an online store or a new chain of themed restaurants. However, you may be able to protect and patent a method of doing business and solving a problem– if it meets very specific patent criteria and patent requirements.
Ideas are valuable and throughout history innovative ideas have been copied or stolen by the third parties.
Instead of letting other business entity go away with your great INNOVATIVE IDEA and make a fortune $$$$$$, you as an inventor or innovator should protect your idea by filing a patent.
Patent a Business Idea
Technically ideas themselves cannot be patented. When you take an idea and with intangible force turn the idea into an invention or process (PROTOTYPE is ready) that meets specific patent criteria and patent requirements. Irrespective whether the idea is small or big, the innovation can be protected by filing patents which is a form of intellectual property right. YES, IDEAS can be patented with the right intent and content will be prepared by our THINKING GEEKS at TCIS, India.
A patent can help you remain competitive in your for 20 years field and give you an edge on your business rivals.
According to YOUR invention / idea YOU can apply for a Utility patent or an Industrial Design patent
Utility patents in USPTO 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. Under industrial design protection the ornamental looks of the article can be protected. The timeline for registration in India is nine months from the date of the industrial design filing in India.
FOR A SUCCESSFUL STARTUP BUSINESS VENTURE HAVE A PROPER INTELLECTUAL PROPERTY STRATEGY IN PLACE:
Patent a Business Idea
As an inventor, you can file a provisional patent application or a non-provisional patent application before the patent office in home country. As an innovator you can write provisional patent and file provisional patent application in a quick way to protect your invention if it is in the abstract / prototype stage.
The provisional patent application will establish an early patent filing date. But a patent will be issued only after a non-provisional application is filed for the same within an year of filing a provisional application with a complete set of patent claims.
UNIVERSAL INTELLECTUAL PROPERTY PATENT STRATEGY
YOUR invention “SHOULD ” be Novel, Non-Obvious and should have industrial technology application”
If your idea with proper elements fulfils all the patent requirements to apply for a patent, and there are no other previously filed patents claiming the same elements in the patent claims, then it’s time to apply for patent before the patent office.
Patent writing and patent filing work is intellectual in nature. Hire and select your patent attorney wisely. From a strategic business point it is advisable to seek legal counsel and patent advice before filing a patent and get patent professional involved for writing patent claims and file patent before the patent office.
Indian Patent filing & International Patent filing involves the following patenting steps:
Action Plan Strategy Step 1: Pen down your invention with as much detail as possible including drawings/ diagrams that explain the working or concept of invention.
Action Plan Strategy Step 2: Next step is to find out if the invention meets all the patentability step criteria for the country in which the patent application has to be filed.
Action Plan Strategy Step 3: Writing patent and drafting the provisional patent / non-provisional patent application with patents 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.
Action Plan Strategy Step 4: Up on patent filing the complete patent specification along with application for patent, the patent application is published after 18 months of first patent filing date.
Action Plan Strategy Step 5: A patent request for examination is filed after which the patent application is examined by a patent examiner and the examiner issues a first examination report to the patent lawyer representing the patent client.
Action Plan Strategy Step 6: The inventor and patent professional create and send a response to the examination in order to clear all the objections of the patent examiner.
Action Plan Strategy Step 7: After all the patent objections are explained and the patent examiner is of the view that the patent can be granted for the invention a formal letter is issued to the patent inventor. The patent is granted by the patent office and is published in the patent journal.
Tech Corp International Strategist (TCIS), India is an international intellectual property patent law firm in India providing patent writing services to clients and inventors across the globe.
New & innovative invention consultancy services by expert IPR attorneys & patent agents in India.
Tech Corp International Strategist (TCIS), India is an international law firm specializing in Intellectual Property Law, and we connect with patent attorneys in all the important Intellectual Property jurisdictions worldwide including US, Europe, UK, China, Singapore and Malaysia. We have expert intellectual property (IP) patent attorneys to perform patent searchesand file PCT patent applicationsbefore the Indian Patent Office.
Tech Corp International Strategist (TCIS), India partners with the best technology thinking geek startups, international & domestic entrepreneurs based India which is a vital part of Tech Corp International Strategist (TCIS) approach to accelerate the growth of technology innovation.
Patent lawyers, Patent agents, thinking geeks at Tech Corp International Strategist (TCIS), India understand and review the technology and business in depth and provide various patent related services including Patent Laws, Technology Laws, Intellectual Property Rights, Patent filing services in India.
Patent experts at Tech Corp International Strategist (TCIS) assist in writing patent applications to befiled before Indian Patent Office (IPO), United States Patent office (USPTO). Our Indian patent law firm helps in resolving all the matters that affect startups and technology companies.
We believe in devoting TIME by providing services customized services to help our clients to achieve success according to their specific requirements.
Tech Corp International Strategist (TCIS) is one of the Leading Intellectual Property (IP) Patent Law Firm in India.
To protect intangible assets in the current global scenario is very vital,for all technology and research institutions. We at TCIS, India believe in serving our global clientele by helping them to build and protect THEIR important intellectual property (IPR) assets which includes patent protection in India, brand protection by trademark filling in India, copyright and industrial design filing in India.
WE provide premium services in Mobile Applications, Social Media, Cyber Laws and Pharmaceuticals, Biotechnology, Food & Healthcare.
We at Tech Corp International Strategist maintain corporate headquarters in Aerocity, New Delhi, India and counsels both foreign and domestic clients. Please take a closer look at our website and contact the strategic firm for assistance.
Tech Corp International Strategist offers a global reach and extensive experience in working for Fortune 100 companies and drafted more than 1000+ patent specifications for global companies, foreign Universities, and Law firms and have strong association with foreign lawyers in more than 50 countries.
We have a team of techno-legal lawyers and Intellectual property patent lawyers having an experience of 12++ years.
We also have seasoned patent researchers who have experienced both the scientific and research sides of the industry. Together, we at TCIS,India have conducted 5000+ patent searches and worked with In-house counsels in executing more than 100 successful Intellectual Property based projects which have helped the global companies to close M&A transactions worth over $5 billion in medical healthcare and pharmaceutical sector. Currently, we maintain a close relationship with more than 100+ companies around the world.
We are also proud that more than 95% of our global clients have returned for repeat legal corporate advisory services and patent related services. Our team of techno-legal professionals have a diverse science and legal background of both corporate advisory and Intellectual Property experience. To Read about our client testimonials: Click Here
We represent and assist technology companies and startups at all stages of research and development, including Protection of Technology by Patents, Brand Name Protection by Trademarks, Protection of Intellectual Assets by Copyrights and Industrial Designs, Strategic Transactions, Public Offerings, and Mergers & Acquisitions.
We also represent and assist startups and investors in venture capital financing. We advise many entrepreneurs from initial company formation to liquidity event.
Our Intellectual property patent lawyers assist technology companies in various sectors including pharmaceuticals, healthcare, medical devices, telecommunications, web 2.0, mobile applications, semiconductors, software, social media, cloud computing, networking, clean tech, digital media, video games, virtual worlds and food tech sector including tea, alcohol, bakery products and restaurants.