Patent Application Filing Procedure-Process in India
Patent Filing India, patent filling steps, Patent Innovative Ideas, patent research service, PATENT STRATEGY, tech corp legal

7 Step Strategy for Preliminary Patent Searches

This article provides a 7 step strategy for searching and evaluating relevant prior-art or any publication that discloses the invention for which a patent is to be filed.

1). The First and the most important step is to Brainstorm Terms that describe your invention. Begin by analysing and describing in written the purpose, composition and use of invention. Note down the important keywords and synonyms of words that describe the invention.

2). The second step involves identification of relevant Cooperative Patent Classification (CPC) using the keywords identified in the previous step from the USPTO (United States Patent & Trademark Office) Website Search Feature. Go to the USPTO Home Page and enter “CPC scheme (Key words describing invention)” on the top right search box and scan the results thus obtained.

In the following example we have identified the CPC scheme for shape (contour and architect are its synonyms used).

Look for the relevant results from the list obtained. If no relevant search reults are obtained repeat the step using other keywords & their synonyms identified in the previous step.

 

3). In the Third step verify the Cooperative Patent Classification (CPC) identified in the previous step by reviewing the definitions. CPCs are hyperlinked to a CPC classification definition. Definitions are helpful in establishing you have determined the most relevant classification.

4). Retrieve and Review all the patent applications assigned to the most relevant CPC classification. Focus on the abstract and representative drawings on the front page of the patent applications and narrow down the most relevant patent applications.

5). Conduct In-depth review of patents selected based on their front page information for similarity to your own invention paying close attention to the claims, additional drawings and specifications. References cited in the previously identified Patents may lead you to additional relevant patents.

6). Retrieve and Review in depth all the published patent applications under the Cooperative Patent Classification (CPC) previously identified for similarity to the invention paying close attention to claims, drawings and specifications of the patent.

7.   After completion of the preliminary search you may broaden your search based upon available time and resources. You may broaden your search by identifying International Patent Classification (IPCs)U.S. Patent Classification (USPC). Rerun your search using Espacenet, IPIndia and WIPO. Since inventions can be publicly disclosed in a variety of non-patent literature and electronic publications, you can choose to search books, journals, websites, technical catalogs and conference proceedings as well.

You may choose to hire a registered patent attorney or patent agent to review your search and conduct a follow-up search of his/her own.For further information on patents and patent filling in India connect with our highly skilled and experienced patent lawyers and IP strategists.

Go-to patent consultant for all time zones, be it new product launch in Asia, IP landscape across EU, freedom-to-operate analysis in Japan or patent invalidation for litigation in US.

Every business has a #strategy. WE 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. WE believe in BASICs.

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

Patents | Intellectual Property India

Replying to office actions is like writing on stone. Statements once made can't be retracted. A short sighted response aiming merely to overcome the objection
Indian Patent Attorney, International Patent Treaty, Patent Cooperation Treaty (PCT), Patent Filing India, Patent Innovative Ideas, patent research service, PATENT STRATEGY, patent validity

Filing Response to Office Action for a Patent Application

 

Processing of a patent application is a multi-step process. After the patent application has been documented and filed, the Patent examiners examine the Patent application. For this, a request for examination must be recorded in the prescribed manner with the Indian patent office.

A request for examination of Patent application is filed within six months from the date of publication of Patent application.

(For fees related to request of examination of application of patent refer- http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_11_1/Fees.pdf)

No application for a patent shall be examined unless the applicant or a patent attorney makes a request in the prescribed manner for such examination within the prescribed period.

When a request for examination of a patent application has been made by an applicant or a patent attorney, the application and specification and other documents related thereto shall be referred at the earliest by the Controller to an examiner for making a report.

The Examiner at the patent office checks for its qualification and formal clothing according to the law of every locale. After which a preparatory judgment is passed which is called “FER or First Examination Report” which might be looking for any sort of correction or alteration, or specifically giving out dismissals if the application esteems to be not fit and qualified.

An examination report is issued by the Indian patent office. The examination report is likewise called as first examination report (FER). The examination report contains a rundown of complaints raised by an inspector of the Indian patent office. The complaints are both specialized and formal.

The candidate needs to record a response to the examination report within a year of issuance of the principal examination report.

An application for a patent shall be deemed to have been abandoned, if the applicant is unable to compile with all the requirements imposed on him by the patent examiner.

After which the patent lawyer or operators might set up a response containing contentions, clarifications that might be opposite or obliging the analyst’s needs according to the cases required which is additionally called “Office Action Response”.

If necessary, the inspector of the Indian Patent office frequently calls a candidate or his approved operator for hearing of the case. Once the inspector is happy with the response documented and the sum total of what conventions have been agreed by a candidate, the application is placed arranged by giving. In the event that the inspector is not happy with the response documented and need to meet a candidate or his approved specialist (if an operator is named) to clear up specific issues, he may call a candidate/operator for a hearing.

At long last, after various office actions and replies, the analyst will go to a judgment over the patent application. Same occasions occur amid pre and post allow restriction of a patent yet the office actions are directed by 3 substances, the candidate, the inspector and the resistance filing party.

RESPONSE TO OFFICE ACTION IN RESPECT OF INDIAN PATENT OFFICE

As per “The Patent Rules, 2003 as amended by Patent (Amendment) Rules, 2016” and opportunity to put the application altogether for allowing under “Section 21” has been lessened from a year to a half year.

The ideal opportunity for putting an application all together to allow under Section 21 of Patents Act, 1970 in situations where the principal proclamation of protests has been issued by the Office on or after 16 May 2016, might be a half year (six months) from the date on which the said first explanation of complaints is issued to the candidate to follow every one of the necessities forced under the Act and Rules made there under as per Rule 24B (5) of the Patents (Amendment) Rules, 2016.

The ideal opportunity for putting an application all together for allow under section 21 as recommended under sub-rule (5) might be additionally stretched out for a time of three months on a demand in Form-4 for expansion of time alongside endorsed charge, made to the Controller before the expiry of the period determined under sub-rule (5).

Response to the objections: General Principles The response to the examination report must be complete. The response must demonstrate that the objections raised by the analyst are not legitimate. Besides, the response must contain sufficient and successful contentions with regards to the patentability of the invention

FILING RESPONSE TO OFFICE ACTION WITH RESPECT TO USPTO

In the United States, an Office action is a report composed by an analyst in a patent examination system and sent to the patent applicant. The expression is used in numerous jurisdictions. As a rule, the candidate must respond to an Office action within 6 months from the date the Office action is issued or the USPTO will desert the application, the application charge won’t be discounted, and stamp won’t register.

Types of office action:

·NON-FINAL OFFICE ACTION: Non-Final Office Actions are always the first office actions issued for a patent application. In non-final office actions, the patent examiner states his conclusion on the patentability of the claims. After a survey of the non-final office action, the application has the choice of no less than one of the accompanying.       

Contending the examiner is mistaken, and

Revising the claims to beat the inspector’s rejections. While responding to the Non-Final Office Action, the patent attorney should state in the response that the response to the office is “An Amendment/Reply to an Office Action under 37 CFR 1.111.

FINAL OFFICE ACTION: Final Office actions are commonly second office actions that are sent by the examiner in the wake of checking on the candidate’s response to the first non-final office action. The Final Office Action may incorporate:

 The same rejections as the first non-final office action or

New rejections- When responding to final office actions, the candidate has managed the same opportunities as responding to a non-final office action, with the exception of government fees must be paid if the candidate is revising the claims. On the off chance that the candidate is not revising the claims, the patent attorney should state in the response to the Final Office Action that the response to the office action is “A Reply to an Office Action under 37 CFR 1.116.”

Further

 When a final office action is issued a survey of the claims on the merits of the claims is “closed.” Therefore, to correct the claims after a non-final office action a Request for Continued Examination (RCE) is required.

Essentially, a Request for Continued Examination reopens prosecution, enabling the patent attorney to change the claims. On the off chance that the patent attorney’s amendments and arguments defeat the present rejections when filing an amendment with an RCE (amendment under 37 CFR 1.114) the following office action issued will be a non-final office action or a notice of recompense.

Be that as it may, if the amendments and arguments are not persuasive, the following office action issued will be a final office action. Because of the extra fees to alter the claims, when filing an amendment under 37 CFR 1.114 it is urgent to have a meeting with the examiner to discuss the merits of amendments.

Inventors and start-ups should understand that an average patent prosecution process includes no less than 1-2 Requests for Continued Examinations are required.

There are fees associated with filing data disclosure statements. Data disclosure statements are letters from the candidate to the patent office stating that the candidate has discovered new references that may influence the patentability of their development.

Applicants can bid an Examiner’s decision if the claims have been dismissed twice. Accordingly, if the claims were not corrected inside a response to a non-final office action, the claims are opportune to be bid. In spite of the fact that I don’t suggest filing an interest after a first final office action has been issued for start-ups, for real corporations this a strategy that they can take. Amid bid (takes 2-3 years) or Pre-Appeal Conference Request (6 months – 1 year), a board will audit the claims, referred to craftsmanship, and analyst’s rejections to decide whether the inspector’s rejections have justified.

how to patent a business idea in india how to legally protect a business idea

 

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
biotechnology patent attorney, INTELLECTUAL PROPERTY STRATEGY, PATENT STRATEGY

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

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Legal Tips what every startup entrepreneur needs to know?
Startup Attorney India, startup co founder agreement, startup contracts, Startup India Strategist, Startup Lawyer India, startup legal documents, Uncategorized

STARTUPS ENTERING THE SHARE MARKET

LEGALITIES AND COMPLIANCES

India’s economy is one of the fastest expanding in the world, with a rapidly expanding consumer class. India is one of the most promising new markets of the decade to come. For a company, not considering expanding a business to India means ignoring one of the most promising (if not the most!) markets.

For any Startup, a key requirement is its funding. Funding may be from various sources and one such source is the startup bank loan.

Startups in the manufacturing or trading sector for investing in plant, machinery, infrastructure, equipment and inventories can avail Startup bank loan.Banks generally don’t fund expenses like marketing, research & development, salary, rent etc.

Companies in the technology or service sector often cannot access funds from banks and are forced to run their startup with minimal financial resources (bootstrap).

THE BASIC FRAMEWORKS 

Startups can access and actively participate in the Indian share market by making public issue of securities and other instruments within the regulatory framework as stipulated by SEBI (Securities Exchange Board of India) from time to time.The most active stock exchanges in India are the BSE Limited (Bombay Stock Exchange) and the NSE Limited (National Stock Exchange of India).

BSE is the 11th largest stock exchange with more than 5500 companies publicly listed on it.

PUBLIC ISSUES

IPO (INITIAL PUBLIC OFFER)Initial Public Offer is the process through which an issuer company allots fresh securities (“Fresh Issue”) or offers for sale securities (“OFS”) held by its existing shareholders or a combination of both Fresh Issue and OFS to the public for the first time.

This paves the way for the listing and trading of the issuer company’s securities on SEBI-approved stock exchanges in India.

FPO (FOLLOW-ON PUBLIC OFFER) 

In the case of Follow-on Public Offer, an existing publicly listed company makes an additional issuance of its securities to the public or offer for sale of its existing securities to the public, through an offer document.

The process for executing an IPO or an FPO besides other offerings and issues like IDRs (Indian Depository Receipts), preferential allotment etc. is governed by the “Issue of capital and requirements” regulation of SEBI.

IPOs and FPOs are also governed by the Companies Act 2013, the Securities Contract (Regulation) Rules 1957 and the listing regulations.

FEMA(Foreign Exchange Management Act) and its various clauses and regulations including the FDI (Foreign Direct Investment) policies governed by the orders and circulars issued by the government and the Reserve Bank of India (RBI) act as ancillary legislations.

Eligibility Requirements for IPO

The following conditions need to be satisfied by an unlisted startup company to undertake an IPO of its equity shares:

  • The issuer company should have tangible assets of at least INR 30 million(3 crores) in each of the 3 preceding years, of which not more than 50% should be held in monetary assets. However, the limit of 50% on monetary assets shall not be applicable in case the public offer is made entirely through offer for sale;
  • The issuer company should have minimum average pre-tax operating profit of INR 150 million (15 crores) calculated on a restated and consolidated basis, during the 3 most profitable years out of the immediately preceding 5 years;
  • The issuer company should have a net worth of at least INR 10 million (1 crore) in each of the 3 preceding full years;
  • The proposed issue size and all previous issues in the same financial year should however not exceed 5 times its pre-issue net worth as per the audited balance sheet of last financial year; andIf the issuer company has changed its name within the last 1 year, at least 50% of the revenue for the preceding 1 year is earned from the activity indicated by the new name.
  • An unlisted public company cannot undertake an IPO, if the company has less than 1,000 prospective allottees and there are outstanding convertible securities of the company or any other right which would entitle any person any option to receive equity shares after the IPO.

Minimum Offer Requirements

The issuer company is required to offer: 

i. At least 10% of each class or kind of securities to the public, in an IPO, provided: the post issue capital of the company calculated at offer price is more than INR 40,000 million; and

The company shall increase its public shareholding to at least 25%, within a period of 3 years from the date of listing of the securities, in the manner specified by SEBI.

ii.    At least 25% of each class or kind of securities to the public, in an IPO.

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

Tech Corp International Strategist (TCIS), Helps Startups to Raise Funds & Assisting Foreign Companies to find Right Business Partner in India. Chief Strategic Officer (CSO) for your Startup IDEA. Investor incubating GREAT IDEAS and grow the startups. Assisting enterprise to enter and find RIGHT Angels, and VCs in Malaysia, Singapore, US, UK, Japan and India.

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.