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Role of Mediation in patent infringement disputes

types of patent infringement, patent infringement examples, patent infringement definition

Mediation is a potentially efficient and cost-effective alternative to traditional litigation and arbitration. The use of mediation has become increasingly popular in several areas of dispute resolution and one such area is that of intellectual property (IP).

As the field of Intellectual property is vast, here the importance of mediation as an alternative to both litigation and arbitration in patent infringement disputes is discussed.

A patent can be defined as a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention typically for 20 years during which the product or process cannot be exploited by others.

Patent disputes typically arise when patent rights are breached i.e Patent infringement occurs when a third party makes, uses, sells, offers to sell a patented invention without the patent owner’s permission. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. Therefore, patent infringement disputes involve courts interpreting and evaluating the claims of a patent on which the protection is sought. This is a complex procedure and the litigation process often become expensive and complicated. In the defense of infringement party allegedly responds with a counterclaim of patent invalidity and a defendant involved in patent litigation may ask to reexamine the patent being litigated. During re-examination the court will reconsider the validity of original patent and whether it meets the statutory requirements of novelty, inventiveness and non-obviousness. If a defendant successfully pleads the defence of a patent the patent owner will lose not only the case but also the patent itself.

Alternatively, mediation in patent infringement disputes can save time and money by avoiding the interpretation and reinterpretation of patent claims. Also, mediation removes the risk of patent invalidation and promotes creative solution in patent disputes. Moreover, unlike litigation, mediation process is confidential.  

For example- A company holding patent rights for a technology founds that its competing company is selling the same technology without any license. The concerned company threatens to file patent infringement case in all jurisdictions in which the company is holding patent rights. But the mounting cost of legal action would take a toll on the company and the litigation process is very time consuming. In such a situation, mediation is instrumental in transforming a hostile situation in which the parties were preparing to engage in prolonged and expensive litigation into one in which they were able to conclude an arrangement which suits the business interests of both parties and ensures the profitable use of the technology in the service of those interests.

Mediation is a great idea and can offer people a way of working things out without spending lots of money which could be better spent elsewhere to grow a business.

Advantages of filing a provisional application
brand trademark, Madrid System, Provisional Filling Of India, trademark filling in India, trademark infringement, Uncategorized

Provisional Refusal of International Trademarks in India

 

Under the Madrid System, Trademarks are registered worldwide in a convenient and cost-effective way. The Madrid Protocol is one centralized system to apply for protection of trademark in 115 countries by filing a single application.

“An image is not simply a trademark, a design, a slogan or an easily remembered picture. It is a studiously crafted personality profile of an individual, institution, corporation, product or service”. – Daniel J. Boorstin

When an applicant who is interested in a global Trademark files an application for registration of its trademark with its respective Intellectual Property Office (IP Office), the information is given to the International Bureau of World Intellectual Property Rights. The International Bureau of World Intellectual Property Rights examines and closely inspects the application based upon the requirements of Madrid Protocol. If the application fulfils all the criteria, the trademark is published in the International Gazette of Trademark and thereafter it is notified to all the designated countries.

“If you want something new, you have to stop doing something old” ― Peter F. Drucker

The Indian Trademark Office examines and allots an International Registration Designating India (IRDI) number to every International trademark registration designating India received from the International Bureau of WIPO.

The Brand trademark is examined by the trademark examiner on the basis of its uniqueness and similarities to trademarks registered and in the pipeline before the Indian Trademark Registry.

“It isn’t all over; everything has not been invented; the human adventure is just beginning.” ― Gene Roddenberry.

If there is any objection while examining the trademark application, for protection of such trademark registration in India, a Provisional refusal is notified to the International Bureau of WIPO within 18 months from the date the International registration was notified to India.

“Innovation is the specific instrument of entrepreneurship…the act that endows resources with a new capacity to create wealth.” ― Peter F. Drucker

Trademark Objections under Provisional Refusal In India

The objection is raised under Section 9(1) (a) of the Trade Marks Act 1999, if the mark is not unique and as such it is not efficient to distinguish the services of one person from those of others.

The objection is raised under Section 11(1) of the Trade Marks Act, 1999, if the mark is similar to the trademarks previously filed. There exists a possibility of confusion on the part of the public.

“Excellence must be achieved through the eyes of those who judge us; once achieved it can only be maintained with constant innovation.” ― Tom Collins.

Provisional refusal is basically an Examination Report containing objections.  The International Bureau provides the details of such provisional refusal to the trademark applicant of the International Trademark registration and records the provisional refusal in the International Register along with the date on which the notification was sent.

The provisional refusal is also published in the WIPO Gazette, with an indication as to whether the refusal is total (i.e. relates to all the goods and services covered by the designation) or partial (i.e., relates to only some of those goods and and services covered).

“Innovation needs preparation, collaboration and the light of the soul. Every challenge provides that light – a greater depth of understanding about life and truth.” ― Amit Ray,

How should the International Trademark applicant respond to Provisional Refusal Issued by the Indian Trademark Office under the Madrid Protocol ?

The normal deadline to revert to trademark objections raised by the Indian TrademarkOffice is 1 month from the date of receipt of the provisional refusal notification by the trademark applicant.

The International trademark applicant can also engage a trademark agent or an Indian trademark attorney having address in India by executing a Power of Attorney in the favour of the agent/attorney in the Form TM-48.

For an extension of timeline to respond to trademark objections, the Indian trademark attorney can file FORM TM-56 application for extension of time by 1 month prescribed by Rule 79 or by rule 80(4) and is at the discretion of the trademark office.

The Trade Marks Registry (TMR) office of India then considers the response of the trademark applicant of the international registration and may either confirm the refusal or move for advertisement of the international registration in the Trade Marks Journal.

“Be the initiator of things you wish to see, but can’t see. Be the originator of things you wish you feel but can’t feel.” ― Israelmore Ayivor,

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.

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

 

Making your startup a startup success story
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Protecting a Business Idea Advice to budding Entrepreneurs

Advice to budding Entrepreneurs For Protecting a Business Idea

Got a brilliant Idea? Already daydreaming about a groundbreaking business and becoming the next Bill Gates? But what if someone comes up with something similar?

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?

Fear of getting the idea stolen is one fear that stops a number of people from starting a new business.

An individual with a fear of getting the idea stolen will move forward so slowly and cautiously that someone else who already thought of the same idea will move ahead. So how do you market your idea to the masses without having someone rip you off?

Here are certain things all budding entrepreneurs should consider while protecting a business idea.

1. Yes, a patent can help you remain competitive in your field and give you an edge on your rivals.

Technically ideas themselves cannot be patented. When you take an idea and turn it into an invention or process that meets specific criteria and requirements, it can be patented. But make sure your invention fulfills all the requirements to apply for a patent.

2. Consider the money involved in filing a 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.

3. When should you consider a Non-Disclosure Agreement (NDA) ?

There is no patent or copyright for an idea. If you really feel you’re onto something new and want to discuss it with some people, potential co-founders and contractors before you have been able to build it. In such cases, it is advisable to sign a Non-Disclosure Agreement (NDA).

A non-disclosure agreement (NDA) is a confidentiality contract between two parties.

According to the non-disclosure agreement (NDA), one party agrees with the other that if the latter party discloses to the former its idea and other confidential information, then the former will maintain its confidentiality for a specified period of time. If the former party were to breach this agreement, causing loss to the disclosure, then the disclosure has a remedy in being able to sue for breach of contract.

True, some people might not like the idea saying “Don’t you trust me?”, but there’s value in your invention only if you own and protect your idea. Moreover the agreement will also demonstrate the individual’s seriousness in commercialising the idea.

4. Get to marking your territory.

Preferably put a “CONFIDENTIAL” stamp on anything you have pen down on paper related to your idea. You can also add copyright symbols, like ‘©’, ‘TM,’ to logos, which help establish that you are claiming copyright and trademark protection to your works.

Putting copyright symbols by your business plan or logo is a good idea even if you aren’t sure you’ll ever go through the trouble of filing a copyright or a trademark.

It’s like putting a yard sign or a sticker that says your house is protected by a security system even if it’s not.

When people will see that copyright symbol next to your work, they won’t take the chance to burglarize.

5. Implementation of idea.

Ideas alone are not worth that much — it’s how they are implemented.

It is important to implement that idea into sustainable innovation.

“What makes the difference for successful businesses is not the idea alone. It’s the implementation of the idea, a commitment to delivering the products, services or information on a daily basis, that makes the difference.

It takes a lot of energy to run a business, It’s hard to get things done and it takes a lot of discipline. Also there’s no guarantee that any business will be successful. If you have an idea for a product, service or business, beat the odds and use your passion and energy, to figure out how to make it profitable.

At Tech Corp International Strategist (TCIS), we help Startups to Raise Funds & Assist Foreign Companies to find Right Business Partner in India. We assist enterprises to enter INDIA and find RIGHT Angels, and Venture Capitals in Malaysia, Singapore, US, UK, Japan and India. We believe that for protecting your innovation in India, your startup idea and our intellect is the perfect combination. Every business has a #strategy. We at TCIS facilitate the process of identifying Key issues and help amplify business goals of any business (short term goals and long term goals). Everything is simple we tend to complicate and use heavy words to prove our point.

#company #startup #makeIndiagreatIndia #research #patents #copyright #innovation #creativity #entrepreneurship #India#GODigital #Entrepreneurs #IdeaInspireInnovation

Schedule a call today via clarity to get #strategic #advice #patents

Co Author

Aanchal Verma

Patent Associate at TCIS, India

Patent Application Filing Procedure-Process in India
Live LIFE Queen Size

Search and read the full text of patents from around the world with Google Patents, and find prior art in our index of non-patent literature.
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CO-FOUNDER AGREEMENT

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.
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Patenting filing India by Best Patent Intellectual Property firm in India Global PCT * Patent Writing Services

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 searches and file PCT patent applications before 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.

Commercial Business Mediation in India by Supreme Court Lawyer

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 be filed 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 Brand strategist & trademark patent attorney in Indiain 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.

obtain patents for your innovation Idea technology in India

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.

Value Proposition

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.

In case you wish to obtain customized intellectual property services, please feel free to mail us at legal_desk@patentbusinessidea.com