how to pitch an idea to a company and get paid
Indian Patent Attorney, International Patent Treaty, Patent Filing India, patent filling steps, Patent Innovative Ideas, patent research service, PATENT STRATEGY, patentability database

Idea for Business Protection * Innovative Business Concept

Brand New Idea for business Protection

 

how to pitch an idea to a company and get paid
how to protect an idea for an app

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”

patenting a business concept patent wizard how to copyright an idea for a product
how to sell an idea to a big company apply for a provisional patent

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

Idea for business Innovation

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

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

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

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

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

how to protect an idea for an app can you copyright an idea or concept

“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.

can you copyright an idea or concept how to patent a business idea in india how to pitch an idea to a company and get paid

Similarly ideas and concepts themselves cannot be patented.

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

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

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

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

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

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

how to protect an idea for an app can you copyright an idea or concept

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

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

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

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

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

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

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

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

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

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

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

Client Testimonial for Protecting Idea for Business:

RAJIV VERMA

Director at Wide Range International

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

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

Best Wishes

Rajiv Verma

Idea for business, Idea for business law firm India

For further details contact-

7 Simple Ways You Can Protect Your Idea From Theft

 

Co Author-

*Thinking Geek*

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

brand trademark, trademark filling in India, trademark infringement

INFRINGMENT OF TRADEMARK – Case Study

Intellectual Property Rights- INFRINGMENT OF TRADEMARK 

In this era of increasing competition among brands and intellectual property laws becoming more stringent and difficult to comply with, infringement of these laws comes as a direct consequence. This article embodies a case study of such infringement with specific focus on an important part of the intellectual property rights, that is-Trademark.

Similarity in sound and phonetics and the way it is used is an important factor in determining whether the marks are confusingly similar.

Trademark infringement by phonetic and visual similarity is statutorily included in section 29(9) of the trademarks Act 1999 wherein it is stated that “Where the distinctive elements of a registered trademark consist of or include words, the trademark may be infringed by spoken use of the words as well as their visual representation and the reference in this section to the use of the mark shall be construed accordingly.”

In this view the legislature has stated such phonetic similarity as an infringing activity and has made clear that the pronunciation of a brand’s tagline (an important factor in the following case) is an establishing factor of potential infringement.

THE CASE STUDY 

Wipro Enterprises Limited vs Heinz India Pvt. Ltd on 10 June, 2015

The plaintiff (Wipro) had asserted that their trademark “BOLTS” which was created and adopted to sell their glucose chewy tablets had been infringed by the defendant (Heinz) which used a phonetically and visually similar mark name “VOLT” with a similar tagline.

The Hon’ble Madras High Court observed that since both the plaintiff and defendant used their trademarks i.e. BOLTS and VOLT respectively with their house names prefixed i.e. GLUCOVITA BOLTS and GLUCON-D VOLT respectively.

The court stated that the plaintiff cannot have exclusive right over the word BOLTS as it was generic and common in nature and both the plaintiff and defendant had used a prefix or a suffix to properly display the distinction.

The factual aspect of the case would be the determining factor for the judgement, the court reiterated. It also stated that a word may acquire a secondary meaning and could become an exclusive right by long, uninterrupted and continuous usage which was clearly not the case here as BOLTS was there in usage only for the past 2 years.

The court recapitulated that the trademark must be seen and judged on its entirety and completeness and not in parts or isolation which is why all arguments about identical colours used visual similarities etc. were dismissed. It must be viewed in an all round perspective and whether a word has a secondary meaning should be established only during the course of the hearing.

There were many similarities which were stated by the plaintiff including the price in perforated circle display and the thunder/flash of lightening symbol. The court held that many of the above similarities were found to be a common industrial practice and some of the symbols were generic to display and portray energy, stamina etc. Some of the similarities submitted by the plaintiff were even found to be dissimilar by the court.

The plaintiff used the tagline “INSTANT ENERGY, ANYTIME, ANYWHERE” whereas same for the defendant was “ENERGY OF GLUCON-D … ANYWHERE, ANYTIME”. The phrase “ANYTIME, ANYWHERE” was not used by the plaintiff in the trademark sense to denote origin/source of the product; rather it was used in a descriptive sense, the court observed.

Nothing was there to show as concrete evidence that the plaintiff had undertaken extensive advertising, was using the above tagline for a long period of time or the tagline was associated with the plaintiff’s product only or that the plaintiff had exclusive rights over its usage. After investigation it was also found that the tagline was printed only on the jar containing the products of the plaintiff and not on the cylindrical plastic wrapper covered tube which contained the chewing tablets.

The Hon’ble court hence rejected the senior counsel’s plea that the expression “INSTANT ENERGY. ANYTIME, ANYWHERE.” found on the label ought to be protected by way of application for temporary injunction.

CONCLUSION

In India, where culture is enriched by a diversity of languages and scripts, the courts have to consider how the rival marks are spelt and pronounced in languages in which they are commonly used. They have to assess the psyche of an Indian consumer and associated with that traits and qualities that underlie the spelling and pronunciation of words and then consider the usage of words and the manner in which it is similar to the pronunciation of the rival marks.

Whether the ordinary customer is likely to believe that the defendant’s mark is associated with the mark and the trading style of the plaintiff are the main test and not whether the consumer ends up buying the product of the defendant instead of the plaintiff because of such similarity in marks. The phonetic, visual and structural makeup of the words should be so strikingly similar as to lead to a likelihood of deception.

Section 29(2) of the Trade Marks Act 1999 recognizes the concept of likelihood of association wherein the consumer is likely to believe that the defendants’ mark has an association/affiliation/connection with the plaintiff. Thus in Section 29(2) read with section 29(9), the legislature has included the spoken use of the words also; therefore, it is evident that the pronunciation of the trademark is clearly a determining criterion in ascertaining infringement.

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

Inventorship and Ownership of Patents?

 

Who is the owner of the patent?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Major phase in development of India's patent system happened after India joined World Trade Organization (WTO) in 1995
Indian Patent Attorney, International Patent Treaty, Patent Cooperation Treaty (PCT), Patent Filing India, patent infringement, Patent Innovative Ideas, patent litigation, PATENT STRATEGY, patent validity, patentability database

Patent Examination in India

Expediting Patent Examination in India

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

Procedure of expedited examination-

How Coal Gasification Power Plants Work | Department of Energy
coal gasification, MARKET ENTRY strategy, PATENT STRATEGY, Research analysis, Startup India Strategist, venture capital financing

Gasification of coal

Gasification of coal to methanol

India is on the verge of a huge transformation from a developing country to a developed country and energy is considered as one of the key requirements for economic development of a country.

As India is advancing on its path of development, its energy demand is expected to rise at a Compound Annual Growth Rate (CAGR) of 3.5% till 2040.

Liquified Petroleum Gas (LPG) is used in India as the cooking fuel. As per the estimates of International Energy Agency (IEA), India houses 800 million people who do not have access to clean cooking fuel.

In view of the above , Pradhan Mantri Ujjwala Yojana (PMUY) was launched by the government of India in  May, 2016 under which 5 Cr LPG connections are distributed to households which are Below Poverty Line (BPL).

According to the recent data available, India imports a million tonnes of LPG (60% of total LPG requirements) every month to meet the increased demands of LPG which costs billions of dollars.

India has  large coal reserves which can be used for the production of methanol using coal as a feedstock and can play an important role in order to contain the rising imports and energy security of India.

Government of India is also promoting the gasification of coal to methanol that can be used as a cooking fuel.

The main aim to produce methanol using coal is to decrease the dependence of India on Middle Eastern producers like Saudi Aramco, Qatar’s Tasweeq, Abu Dhabi National Oil Co. and Kuwait Petroleum Corp. and save billions of dollars which are spent on the import of LPG.

China is the leading producer of methanol in the World that accounts for the 55% of the global methanol production. China produces 70% of its methanol from coal as it has the third largest coal reserves in the World.

India has the 5th largest coal reserves in the World and thus can contribute significantly to methanol production.

According to a research at Tech Corp International Strategist (TCIS), India, we researched patented technologies to produce methanol from coal . US patent number US 4430096 filed on 8 March 1982, pertains to a method of production of methanol using a slagging gasifier using solid carbonaceous material like coal.

Gasifier contains a gasification chamber having an upper and a lower wall inlet. Upper wall inlet for feeding coal and a lower wall inlet for introducing gas in the chamber.

Coal is heated and converted to ash and the gases released are mixed with water to form a gaseous quencher output comprising hydrogen, carbon monoxide and water. A catalyst converts hydrogen and carbon monoxide into methanol. This method converts coal almost exclusively to methanol and was given by Conoco Inc. (Wilmington, DE).

US patent number US 20020159929 filed on 29 Feb 2000. In this method, Methanol is synthesized from a gas produced through gasification of biomass serving as a raw material, making use of a biomass feeding means for feeding biomass into a furnace main body and, located above the biomass feeding means, combustion- oxidizing- agent- feeding means for feeding into the furnace main body a combustion-oxidizing agent containing oxygen or a mixture of oxygen and steam.This method was given by Mitsubishi Heavy Industries, Ltd. (Tokyo, JP).

We at TCIS (Tech Corp International Strategist), India help in providing market research analysis for the leading technologies in the market. We have vast experience in Share Market, Stock Market, Finance, Business Development, Marketing & sales. To know more, schedule a call today we are always ready to help you.