Major phase in development of India's patent system happened after India joined World Trade Organization (WTO) in 1995
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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-

8 things about Sarahah app you must know before downloading
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“Sarahah(.com)”- Take home lesson for Entrepreneurs

Take home lesson for Entrepreneurs- Sarahah(.com)

“Sarahah” has been Viral. The app has been a trend in few days. You would have surely come across this app named Sarahah.com in some way or the other unless you are living in a nutshell!!!

“Take up one idea. Make that one idea your life — think of it, dream of it, live on that idea. Let the brain, muscles, nerves, every part of your body be full of that idea, and just leave every other idea alone. This is the way to success.” –  Swami Vivekananda

Sarahah was created to take positive feedback anonymously. The sharing of ‘feedbacks’ on social media & the user engagement clearly shows the Virality of this app. In a way it brought out multiple sides of human sentiments.

From “constructive feedback” to “being a victim of cyber bullying” you would have seen it all in past couple of hours.“It’s not about ideas. It’s about making ideas happen.” Sarahah has been able to engage users universally, but there are certain take home lessons for startups that they should take care of while building a product or service. Building a startup is a very tough and long term process. You have to think for long term Sustainability and Scalability.

“Entrepreneurship is neither a science nor an art. It is a practice.” – Peter Drucker.

What we can learn from success of Sarahah.com “Do’s”

1) WOW Marketing (Word-OF-Mouth)The purpose of a business is to create a customer who creates “customers”.”WOW Marketing” is when a consumer’s interest for a company’s product or service is reflected in their daily dialogues. Best of the companies in the world have used this strategy and this is the best marketing strategy a product can get. So you need to create “a product so good that after using it, people would share it in their social circles.

If you see it in the case of Sarahah- The trend was set by some early users who wanted to take feedback about themselves by sharing good or interesting feedbacks on Facebook. This encouraged other users to try this app!!! 

2. User-friendliness of the product/service

One thing that should always be considered is the userfriendliness of the product. The product should be so simple and instinctive that it can be used with an equal proficiency by a child or an adult wheather or not the individual is a “Tech-Savvy”

It’s easy to make things look hard but hard to make things look easy.

Most of the startups want to build a product with multiple features to enable more users to use it. But a product loaded with multiple features would confuse the user.

Sarahah is extremely simple to use. A feedback seeker has to simply create an account and share the URL – that’s it. A feedback giver has to merely write the feedback in plain simple text.

3. Emotions make us human

“The greatest fear in the world is of the opinions of others. And the moment you are unafraid of the crowd you are no longer a sheep, you become a lion. A great roar arises in your heart, the roar of freedom.” ― Osho

Sarahah became viral because people want to take & hear positive feedback / positive things / good things about themselves as it would make them feel “valuable”. A user should be able to connect with the product/service at an emotional level. In that case he/she will surely use it – atleast for once.

What NOT TO DO while building a Startup.

1). Build Real Value for the Customer 

While building a startup take care that you are solving a real problem and delivering real value to the customer.

“Don’t find customers for your products, find products for your customers”

In order to build repeatitive engagement, target a group and solve some real problem that your target group is facing. Websites like Sarahah are build to capitalize Human Emotions. They will be able to attract a lot of people to use them but for a small period of time. But as an entrepreneur, you should think whether you want mere Users or Customer?

“Be genuine. Be remarkable. Be worth connecting with”.

2. Trends Come & Go, Startups Stay 

When you are building a company think about the “long term goals”. User Retention, Active Users and Repeat Rate are very important factors for a startup. Make sure that your product/service is able to engage users for a longer period of time and there is a repeat rate, else your product might go viral, but will be useless in the long term. Just like Sarahah, 100s of things go ‘viral’ and become popular very quickly, but then they sputter out with the same speed.

“Strive not to be a success but rather to be of value”- Albert Einstein

3. Money is the Oxygen for your company

A business is nothing without its clients. Whether you provide product or services, you won’t survive unless individuals or other businesses retain their interest and are willing to pay to use the product / service continuously.

Monetization happens when you are able to deliver real value to the customers because the customers will never hesitate in paying for the value he/she is receiving.

“Making money isn’t hard in itself …. What’s hard is to earn it doing something worth devoting one’s life to”- Carlos Ruiz

In the haste of building a company, early stage entrepreneurs do one common mistake! They do not think about building a rock solid revenue model. Even though apps like Sarahah go viral but they don’t have a monetization model built in them which is ok for a short period of time but it’s deadly in long term.

“The Entrepreneur always searches for change, responds to it and exploits it as an opportunity”- Peter Drucker

The effort required to launch a new venture can seem daunting. Do your research, pick everyone’s brain, find a mentor that’s experienced in entrepreneurship, review business case studies and focus on delivering real value to the customers.

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.

Co Author-

Aanchal Verma

Associate at TCIS

 

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.

Online Provisional Patent Application India USA
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Patent Thinking Geek to Protect Innovation in India

Aanchal Verma

Thinking Geek Strategist

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

An adaptive, fast-learning person with a passion to develop new skills and solve new challenges. Aanchal started her career as a microbial biotechnologist. Innovations and patents excite my neuron and impulses.

The field of patenting enhances human brain electrically and body cells are excited to a state that processes and transmits information through electrical and chemical signals. These signals between neurons occur via specialized connections called synapses.

Biotechnology innovations and research are instrumental in healthcare systems, agriculture and food industry, polymer and material sectors, etc. Research and Development in this area is relatively time consuming and involves huge risk investment with risk involved with the outcome. To promote such results much more importance is affixed with respect to patenting the inventions in said field and enabling the growing research sector to sustain itself.

However, her keen interest in generating new ideas and protecting innovation pushed her to go on deeper levels of intellectual property.

She is a patent professional and technology enthusiastic. She believes that as a patent expert you work on cutting edge science information constantly and have the opportunity to find out about the next big thing before that reaches the masses. There is a lot to be learnt in this field because different innovations pertains to different domains.

Next came the patent laws. These began in England in 1624, and in this country with the adoption of our Constitution. Before then any man [might] instantly use what another man had invented, so that the inventor had no special advantage from his own invention. The patent system changed this, secured to the inventor for a limited time exclusive use of his inventions, and thereby added the fuel of interest to the fire of genius in the discovery and production of new and useful things. — Abraham Lincoln

Aanchal has extensive experience in the field of patent drafting, patent analytic and patent prosecution. She has worked in a wide range of technology domains, including core mechanical, electrical, civil, electronics and telecommunications and general inventions, computer software and mobile applications, e-commerce, and medical devices. She helps companies and individual inventors with complex intellectual property issues in all areas, including litigation, post-grant procedures, strategic counseling, prosecution, and licensing. She also has experience in website content writing and digital marketing. She is keen to explore opportunities where she can present herself more emphatically.

Some Celebrity Patented Inventions 

FRANCIS FORD COPPOLA’S GARMENT FOR IDENTIFYING LOCATION ON BODY OF THE GARMENT WEARER

Auteur Francis Ford Coppola directed some of history’s most important movies. So where does he put his artistic sensibilities when he’s not wowing us cinematically? He designs and patents shirts to help people direct friends to where an itch should be scratched. His Garment For Identifying Location on Body of the Garment Wearer patent describes a shirt with a number grid that indicated the precise location of an itchy trouble spot. The illustration seems a bit confusing with the same number being used multiple times, so our advice for Coppola is to create a Battleship-style coordinates system. “C8, you sunk my back itch !

JACK JOHNSON’S ADJUSTABLE WRENCH

Jack Johnson was the first African American heavyweight boxing champion of the world. Known as Gentleman Jack, he was famous for not only breaking color lines, but also for his love of auto racing and insatiable appetite for women. And it was his love of women, specifically an alleged prostitute, that landed him in jail. While incarcerated, Jack modified a wrench so that it could be easily adjusted to tighten multiple-size fasteners. He patented the design, and today it’s something that remains familiar to many a mechanic and handyman.

Email id: legal_desk@patentbusinessidea.com

Contact: Click Here

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.
Patent LAWYER INDIA ATTORNEY PCT FILING INDIA Cooperation Treaty PCT assists applicants in seeking patent protection
Indian Patent Attorney, INTELLECTUAL PROPERTY STRATEGY, International Patent Treaty, Patent Cooperation Treaty (PCT), Startup India Strategist

Worldwide International Patent PCT Filing in India * Patent Cooperation Treaty

ARE PATENT RIGHTS TERRITORIAL IN NATURE….THAT MEANS PATENTING IS JURISDICTION SPECIFIC !!

Patents are territorially restricted which means that they are “Jurisdiction specific”. FOR example patent for an innovation is filed in Singapore and not in INDIA.

ANY BUSINESS ENTITY IS FREE TO USE THE SAME PATENT TECHNOLOGY IN INDIA

For example if a patent is filed in India, it will provide IPR patent rights to the patentee in India only. Similarly if a patent is filed in US, America or any other country the exclusive IPR rights obtained through that patent will be restricted to that particular country only.

Overview of Patent Cooperation Treaty (PCT) system

To get patent IPR protection in a given country like INDIA (BHARAT) YOU need to ultimately file for a patent for innovation in that specific country. Obtaining a single patent in each of the nearly 200 countries on earth could cost an estimated $1,000,000 for patent filing and patent issuance.

However, another $1,000,000 government fees to maintain the legal status of patent for its full term of 20 years from the date of first filing. That is beyond the budget allocation of funds. This is a BIG burden on independent  GENIUS inventors worldwide to spend that much of money.  

Even for most Fortune 100 corporations, especially when they consider that patents are applied to protect their intellectual research, having a proper worldwide patent strategy in place is need of the hour.

For proven commercial success of any technology a well defined worldwide patent strategy should be formulated by patent legal counsel. Prior to a product launching get your patent strategy.

Patent Cooperation Treaty (PCT) is an international IPR treaty which protects inventor’s invention simultaneously in multiple countries by filing a single international patent application.  

However patent granting is under the control of the National or regional patent offices. Currently 152 members are the patent contracting states. Like the Common Application for colleges, PCT enables the inventor to file one international patent application that will be accepted by 152 countries throughout the world.

Procedure of filing a Patent Cooperation Treaty (PCT) application in India (BHARAT)

WHY FILE Patent Cooperation Treaty (PCT) application in India (BHARAT) ?

Patent Cooperation Treaty (PCT) is a simple, easy and cost-effective way to obtain patent protection. Patent Cooperation Treaty (PCT) patent filing in INDIA is better than Paris route patent filing. Via Patent Cooperation Treaty (PCT) patent filing route, the inventor can PROTECT multiple patent applications in multiple countries by buying time ( i.e. 28 – 31 months to file patents in one or more countries).

You can file PCT patent applications electronically online with any competent receiving offices which accepts such patent filings.

Patent cost and fees associated with patent filing and patent processing of an international patent application under PCT-

Three types of patent fees has to be paid by patent applicants when they file their international patent applications:

(a) an international patent filing fee of 1,330 Swiss francs,

(b) a patent search fee which can vary from approximately 150 to 2,000 Swiss francs depending on the ISA (International Searching Authority) selected, and

(c) a small transmittal fee which varies depending on the receiving Office.

Note: Some Countries are not members of PCT Patent Cooperation Treaty (PCT) patent application

Steps to file Patent Cooperation Treaty

PCT has been around since 1970 and indeed it covers 154 countries. But there are a lot of countries in the world and PCT does not work everywhere. Although it is possible to obtain patent protection in nearly every country in the world, the cost of doing so would likely be prohibitive. Inventors and potential patent holders typically seek protection in the countries with the most economic activity focusing on specific regions. For example, if an inventor is from India, he/she will seek protection in Asian countries first. For Bangladesh, Bhutan, Nepal, Pakistan, Afghanistan, Myanmar, Maldives patent protection through PCT is not available.

Paris Convention is available as an alternative to PCT for countries like Nepal, Pakistan, Bangladesh and Bhutan, in which you can directly file patent applications within 12 months in all the countries in which you would like to protect your invention having filed your patent application in a Paris Convention country. Paris Convention gives you the benefit in all those countries of claiming the filing date of the first application.

Paris Convention is available as an alternative to PCT for countries like Nepal, Pakistan, Bangladesh and Bhutan, in which you can directly file patent applications within 12 months in all the countries

For countries like Afghanistan, Myanmar and Maldives, no patent laws are in force and thus an inventor cannot get a patent in these countries.

What factors should be considered while selecting an International Search Authority (ISA)?

Overview of Patent Cooperation Treaty (PCT) systemOnce a Patent Cooperation Treaty (PCT) application is filed, an International Search Authority (ISA) performs a search of the prior art, and provides the results to the patent applicant in the form of an International Search Report (ISR) which is an important part of the PCT patent procedure.

Every Receiving Office allows patent applicants to choose one ISA and there are presently 15 ISAs. Most patent applicants worldwide prefer to choose is their local patent office, if it’s available as an ISA.

Patent applicant should always consider the advantages and disadvantages of all the ISAs before choosing one.

Cost – Cost is a critical parameter while choosing an International Search authority. When EPO is selected as ISA, for example, has a search fee of US$ 2,419 (as of early September 2013). The USPTO charges US$2,080. KIPO charges $1,167, whereas the Rospatent charges $217.

Quality- In an Intellectual Property (IP) trend survey it was found that European Patent Office has the best quality patent searches followed by Korean Patent Office and USPTO comes next on the quality scale. The quality of the patent report is important because the patent research report enables you to evaluate your chances of obtaining patents in PCT Contracting States and it will assist you in the further processing of your patent application.

Speed- Every International Search authority (ISA) takes its own time for carrying out prior art patent search and to prepare International Search Report (ISR). You might get lucky and get a really fast search, or you could be waiting a very long time indeed depending upon your choice of ISA 🙂

Happy Patenting 

 

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.

 

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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. 🙂