How To Do a Patent Search & How Much Does It Cost
Indian Patent Attorney, Patent Filing India, patent infringement, Patent Innovative Ideas, patent research service, PATENT STRATEGY

The Patent Act 1970

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?

How To Do a Patent Search & How Much Does It Cost
What is the use of a patent? How do I look up a patent?

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).

How To Do a Patent Search & How Much Does It Cost
What is a patent search?

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.

International Food Technology India
Food+Tech Connect Food Tech Startup & Innovation News, Trends

SUCCESS MANTRA

Life is all about one and #zeros rest all numbers are noise on thehouse #strategy#BIGDATA #ALGORITHMS #Blockchain #MobileFirst #IPR #DIS2017 #India#GODigital #Entrepreneurs #Artificialintelligence #AI #HYPE #Patents #LAWYERBYPROFESSION #PATENTISMYGAME #MAKEINDIAGREATAGAIN #HealthcareTransformationSummit 

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 technological THINKING 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.

How to Patent Your Business Idea: A Step by Step Guide
brand trademark, Indian Patent Attorney, intellectual property strategist, INTELLECTUAL PROPERTY STRATEGY, MARKET ENTRY strategy, Patent Filing India, Patent Innovative Ideas, strategic business advice

Protect YOUR Creativity : #Invent & Experiment

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.

When the invention is applicable worldwide it is advisable by the expert patent attorney to file international patent before WIPO, Geneva under the PCT patent route

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.
European trademark law effective efficient
brand trademark, European Union Trademark Reforms, INTELLECTUAL PROPERTY STRATEGY, strategic business advice, trademark filling in India

European Union Trademark Reforms

How to reforms laws?

Reform the world is to reform the nation and reform the nation is to reform the laws.

The European Union trademark reform that has been introduced in order to bring a substantial and an important change to the original and unabridged EU trademark system that existed since 1996. The newly amended EU trademark law is referred to as the Regulation (EU) 2015/2424 which was passed in December 2015 and on March 23, 2016 the first part of its regulation came into force. On October 1, 2017 the remaining provisions will come into effect.

This change in the trademark law will bring an important change not only to the community trademarks that allows to obtain with a single application a trademark valid in all the territory of the European Union but also for national trademark owners in the European Union (EU).

Before dealing with what these reforms have in the bag for trademark owners in the EU, we first need to shed some light on the legislation that are behind the whole reform unit. There are two legislation namely, the amended Community Trademark Regulation (Regulation (EU) 2015/2424) which provides for the rules and regulations that are to be compelled with and which came into force on 23 March 2016. The second legislation is the new Trademarks Directive (Directive (EU) 2015/2436) intends to balance the national trademark systems of the EU member state and which came into force on 13th January 2016.

This reform consists of various innovations, including the alteration to the fee structure, criteria concerning the registration of trademarks and the procedural issue as well as alterations relevant to infringement proceedings and custom seizures. The new regulation is applicable to all the EUTM (European Union Trademark) registrations and as a result of this many trademark owners who have their trademark stipulation contain class headings from the nice specifications have to take actions in order to prevent a cutback in their protection.

According to Article 28 EUTMR class headings of the class specifications that are mentioned in the EU trademark specifications will only cover the goods and the services which are covered by the literal meaning of the respective words. Further the EUTMR has also proposed a new European Union certification mark in Article 74a-74k EUTMR and the applications for such marks can only be filled after 1st October 2017. Under this proposal the owner of an EU certification mark will not act as the supplier of the goods and services in the market but will be responsible for certifying and monitoring the qualities of goods of services.

Along with the innovations there are changes such as:

The Community Trademark (CTM) is renamed to the European Trademark (EUTM) and the office for Harmonization in the Internal Market (OHIM) has become the European Union Intellectual Property Office (EUIPO).

Trademark applicants have to no longer represent marks graphically. This change makes it easier for the non-traditional signs such as sound and smell to be registered easily.

The trademarks are followed by a new fee structure and the renewals have indeed become generously cheaper but the trademark applications which are containing 3 or more classes have increased. Further there are concerns that arose with these innovations and changes such as the grounds for refusal and invalidity of the trademark.

 VARIOUS GROUNDS OF EU REFORMS

Absolute grounds for Refusal or Invalidity: Signs which dwell completely of other characteristics of which results from the nature of the goods or is necessary in order to obtain a technical result or give a generous value to the goods, may not be registered. These absolute grounds cannot be affected on evidence of acquired uniqueness and has been drawn out to include ‘other characteristics’ apart from shape.Additional grounds such as designations of origin, geographical indications, and traditional terms for wine, traditional specialties guaranteed and plant varieties have been added for refusal.

Relative grounds for Refusal or Invalidity: The owner of a designation of origin or a geographical indication can depend upon these rights in order to prevent the registration and use of a consecutive trademarks.

Marks with a reputation: This ground has been introduced in order to prevent the registration of the trademark where the goods and services are same. This ground can be based upon a reputation claim, irrespective of the fact whether the goods and services concealed by the inimical applications are similar or dissimilar to the goods or services for which reputation is claimed and where such use would lead to an unfair advantage of or to the modesty of the earlier mark.

Infringement: Using a registered trademark as a trade or company name is a specific infringement.

At the end trademark reforms include some large-scale alterations that will definitely restore and modernize the European Union trademark law and will ensure greater balance in trademark practices and procedures across the European Union. It will strength the rights of the trademark owners while bringing a bright prospective towards the working of it.

IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET”YOUR” TRADEMARK REGISTERED IN TWO- THREE WEEKS

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.

Locations: Delhi, Gurgaon, Noida, Mumbai, Banglore

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.

Other Services

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 legal_desk@patentbusinessidea.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.  

Co Author

Food Strategy | Foodservice Design food culture strategy

Anshika Bhardwaj

Food Law Strategist, Patent Associate at Tech Corp International Strategist *Startup India Expert Tech Corp International Strategist *Startup India Expert

IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET"YOUR" TRADEMARK REGISTERED IN TWO- THREE WEEKS

INTELLECTUAL PROPERTY STRATEGY, invalidity searches, patent validity

Performing Patent Invalidity & Patent Validity Search

WHY to GET Patent Validity Research by a Patent Attorney?

A Patent Validity Search or Patent Invalidity Search is an exhaustive Prior Art Search conducted after patent issuance to identify patents or other published prior arts that may render a granted patent invalid and one or more documents has been missed by the patent examiner while prosecution of the invention before the patent office.

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The main purpose of this patent validity search is to validate either the enforceability of a patent’s claims or to invalidate one or more claims of a patent respectively.

Both of these searches are identical except desired outcome is either valid or invalid patent claims of the patentabilty search. The terminology used for these searches are Validity Patent Search and  Invalidity Patent Search.

How to perform invalidity search?

After issuing and granting of the patent by the patent office Patent Validity Search or Patent Invalidity Search is conducted for detailed  prior art search.

If a company or an entity desires to stop their competitors to work in same domain they can request for Invalidity Search patent service.

Patent Validity Search | Patent invalidation

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The main AIM of the invalidation search is to validate either the enforceability of a patent’s claims or to invalidate one or more patent claims respectively. In general the independent patent claims are TARGETED. If the independent claim set of the patent  is INVALID then automaticallythe dependent patent claims are not ENFORCEABLE.

“DIFFERENCE” between Invalidity search report & Patent validity search report

Patent Validity Search or Patent Invalidity Search are similar to one another except the end results are different. The end results of the PATENT searches are either valid or invalid patent claims. Although, it is presumed that all claims of a patent are valid when granted BUT there is a possibility that the patent office may have allowed claims in error by missing the best prior art while patent searching because of the huge number of patents to be examined.

The time assigned by the patent examiner for every case is not sufficient for conducting prior art searches. In such cases, the invalidity search conducted by a professional patent searcher for the granted patent will uncover better prior art results than the prior art of examined and recorded by the patent examiner at the patent prosecution stage.

Patent validity analysis by the patent attorney 

Invalidity search results in identifying prior art available and published before the earliest priority date of the  patented technology in question.

The main AIM of the professional patent researcher is to find patent specifications that read on the claims of the patented technology in question.

Our team at TCIS,India consists of experienced professional patent researchers in conducting invalidity searches & patent validity searches provide in-depth patent search services by patent search outsourcing. Our patent strategists who are experts and have experience in performing more than 2200+ patent searches in all technological domains.

Our team has conducted over 200+ invalidity searches and generated highly effective patent invalidation report for United States, and other foreign clients. The charges are provided once we review the case details. Our  patent invalidity search cost is affordable for individual inventors to Fortune 1000 companies.

Our technological 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. 

TCIS,hepls in filing Patents Intellectual Property firms in India * Global PCT * Patent Writing Services
Filing of Patents & Intellectual Property in India

The patent attorneys at TCIS,India provide patent invalidation report to in-house counsels of big companies and support foreign patent attorneys in countries like USA, European Countries (16 countries), Israel, Japan, China, Australia, Brazil, South Africa and S. Korea.

To know more about patent invalidity Schedule a call today  to discuss your idea and market entry strategy with our experienced team of patent lawyers who are here to serve you.

 

.

Freedom to operate: clearance for technology, patents and innovation
clearance search, freedom to operate, Indian Patent Attorney, INTELLECTUAL PROPERTY STRATEGY, MARKET ENTRY strategy, patent litigation, patent research service, PATENT STRATEGY, Uncategorized

FREEDOM TO OPERATE SERVICE CLEARANCE PATENT SEARCH


Transformation Of YOUR Intellectual MIND IN TANGIBLE FORMAT

ACHIEVE YOUR DREAM TO BUILD YOUR BUSINESS ENTERPRISE

“FTO” Freedom to Operate, is a patent research service provided by TCIS, India which enables the INVENTOR to proceed with research, development and commercialization of “YOUR” product without infringing the intellectual property rights of others. We believe that getting legal opinion by patent attorney on any technology before launching is the need of the HOUR.

FREEDOM TO OPERATE

Freedom to Operate (FTO) patent searches help the technology enterprise to obviate patent litigation in court of law. 

Minimum risk of infringing the unlicensed intellectual property rights (IPR) and tangible property rights (TPR) of others.

Freedom to Operate (FTO) is commonly known as Clearance patent searches which helps the individual inventors, enterprise and Fortune 100 companies to  identify potential patent barriers that prevents them from launching their innovative technology in the market. For example, if the business product launch is in India then patent research has to be performed in Indian Patent office.

REMEMBER PATENT RIGHTS ARE TERRITORIAL IN NATURE.

CLEARNCE SEARCHES

It helps a company / individual inventor to commercialize their business product in a country by analyzing and searching patent literature invariably cited for issued or pending patents.

 

Legal opinion by a patent lawyer in India:  Aims at providing a legal opinion from the Indian Patent Attorney as to whether the technology in question is infringing or copying few elements of the patented invention or whether a product, process or service may be considered to infringe any patent(s) owned by others.

 

WHY KNOWING THE LEGAL STATUS OF THE IDENTIFIED PATENT IMPORTANT BEFORE ENTERING THE MARKET?

The legal status of the  patent can be abandoned in many cases even though the identified patent results are close to the technology. In such cases, one is free to use that technology.

FTO

Getting your MARKET ENTRY and FREEDOM TO OPERATE strategy reviewed by our patent professionals who have 12++ years of experience. We at TCIS, India provide in-depth patent search services by patent search outsourcing India team of patent strategists who are experts and have experience in performing more than 2200+ patent searches.

Our patent attorneys provides legal opinion on market potential of an Invention and have been providing  opinion to various law firms over various complex and core technological inventions.

Our technological 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.

Our team of Indian Patent attorneys and researchers conduct Intellectual Property due diligence, research and analysis on foreign technologies on behalf of our international clients who want to enter India. It is very important for any product, device to get clearance search and freedom to operate in India before entering the INDIAN market.  

We at Tech Corp International Strategist, TCIS help you determine whether your product infringes the patent rights of another company in India.

Your need of an hour is to know what types of patents are existing in India  or YOUR technology and what might prevent you from testing or marketing your products in Indian marketPerforming Freedom to operate (FTO) patent search is an important checklist from Market Entry Strategy.

Schedule a call today  to discuss your idea and market entry strategy with our experienced team of patent lawyers who are here to serve you.

Your research for best intellectual property strategist for protecting YOUR Invention ends here. 🙂