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Patent Searching RESEARCH by Genius Geeks

Patent Search: Determine how prior art is similar or different?

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Patent filing requires “money”. Patents have filing fees, professional fees and maintenance fees over the life of the patent and a large amount of money is required for the defence of the patent. A Patent search is carried out inorder to ascertain that the patent generates enough financial gains to justify the cost associated with its filing and the time and expense of moving forward with a patent application is a worthwhile.

For inventors, searching prior-art in the form of patents filed and granted should be the first step in the patent application process. Patent search gives an opportunity to discover which aspects of your invention can be claimed and high quality patent searches can help inventors anticipate about the scope of any patent claim. Without a patent search an inventor will describe the various  aspects of an invention as if they are equally important which won’t be the case.  

A patent is lot more than just a document. Careful assessment of patents found in the search report is tedious but the inventors who really take the time to read the key patents found in the search know its importance in contributing to the decision about whether to move forward with the patent application and then ultimately to meaningfully contribute to the preparation of a patent application.

Unfortunately, a lot of inventors only give a hasty and not thorough review of the patents found, thereby missing a great opportunity to use the prior art found to figure out what is most likely unique and patentable. Inventors perhaps look at the titles, the pictures, maybe read the Abstract and get overwhelmed.

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For this reason inventors frequently choose to hire a patent professional or patent attorney for carrying out patent search. The inventor has the detailed knowledge of the invention, and is in the best position to identify the similarity and differences of the invention with respect to the prior art and the patent professional is in the best position to determine whether those differences will likely contribute to patentability through a collaborative approach.

A detailed compiled disclosure of the invention forms the foundation of a strong patent application. Determining how the prior art is similar and how it is different is essential to being able to gather great detail of information that can be put together while writing a patent application and invariably leads to a far more detailed written description of the invention.

Many a times inventors carry out a patent search themselves before filing a patent application and during the patent examination an exact invention already patented is found. But this is why you do the search!!!!

Thus, It is better to spend a modest amount of money on patent search before filing a patent application to learn about the prior patents instead of spending a lot of money on patent application only to learn later that no patent could be obtained.

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Sustainable innovations and their impact on economic growth of the country

Sustainable innovations and their impact on economic growth of the country

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Technology and innovation policy is linked to the three verticals of sustainable development namely economic growth, social integrity and environmental conservation.

Sustainability requires innovations with a reduced impact on the environment. In the face of current situation, world’s three biggest challenges are: water supply, energy supply, and global warming.

But even the most advanced brands haven’t begun to approach solutions to the issue. Most companies are spending their resources working on reuse and minimizing the resources that go into producing goods. But that can only take us part of the way to sustainability.

The major issue is that most companies are coming up with more and more products for the consumers without mechanisms for re-usage. The problem is getting worse with ever-shortening product life cycles.

Why is it that even the remarkably innovative, entrepreneurial, and intensely competitive companies can’t find ways to deal with these global challenges?

Finding sustainable solutions isn’t about discovering new, indelibly disruptive ideas because the more green solutions we have, the less effective and efficient processes become.

There are three major changes brands must put into place to find a solution to this problem.

Standardize– There will be no sustainable business without standardization.  Companies in all industries need to agree to certain manner of production that allow for recycling. To win the battle of sustainability, companies will have to give up individuality for standards. For example. In many countries, glass bottles used in beer and wine industries are reused over and over again. This is possible only because the big brands have agreed to stick to a certain size and type of bottle.

Design products well- The time it takes to get most products to market has been significantly reduced over the last decades. But to become sustainable, companies need to take their time and extend their product’s life cycle. Well-designed products simply last longer.

Redefine Consumption- Last but most important, companies must rethink the very idea of what they want consumers to consume and how they create value. The way towards sustainability is to add extra value to the everything from interior design, product innovation, marketing, and services already existing. The companies should learn that they can minimize the consumption of goods but increase total consumption at the same time.

All this poses a significant challenge to the current mindset of the managers of most companies. They have to learn that the next innovation frontier is about breaking away from resource dependence, decoupling growth and consumption, and prolonging product life cycles .

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how to pitch an idea to a company and get paid
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Three Types Of Innovation. Here’s How To Manage Them

Three Types Of Innovation. Here’s How To Manage Them

“Dreamers are mocked as impractical. The truth is they are the most practical, as their innovations lead to progress and a better way of life for all of us.” ― Robin S. Sharma

With a view of generating revenue immediately from new products, a firm should customize the process of product development for different kinds of innovations. For a company the biggest challenges aren’t in coming up with big ideas but in the organizational and management issues that these new ideas bring along.

No matter what a company is dealing in, companies strive to create innovative products and services adequately and accurately.  

“Chance favors the connected mind.” ― Steven Johnson

For an individual to to bring new ideas to market, create more realistic testing and growth expectations and better manage their innovation pipelines, it is important to identify the types of innovations, needs and the correct approach to nurture and grow the type of innovation.

THE THREE TYPES OF INNOVATIONS

To prolong their stay in the market, companies need to come up with sustaining products and services. Sustaining innovations in products or services help any organization raise the bar enough to stay in the game. These innovations can sometimes be thought of as modification of an already existing product.

To significantly up the level of game within an existing category a company should come up with remarkable offerings. The product should be such that seeing it, customers couldn’t help but want it–over time making it the best-selling product.

“Progress is made by lazy men looking for easier ways to do things.” ― Robert A. Heinlein

When we think about an innovation, many of us have some sort of ideas in our mind. Such breakthrough ideas are called disruptive innovations because they disrupt the current market behavior, rendering existing solutions old-school, transforming values, and bringing previously marginal customers and companies into the center of attention.

The Social media could be considered a disruptive innovation within sports. More specifically, the social media has radically changed the way that news in sports circulates nowadays. Social media has created a new market for sports that was not around before in the sense that players and fans have instant access to information related to sports.

“In a world of change, the learners shall inherit the earth, while the learned shall find themselves perfectly suited for a world that no longer exists.” ― Eric Hoffer

To help explain the difference between these three types of innovations, let’s look at the coffee industry. Maxwell House came up with a dark roast version of coffee, it introduced a sustaining innovation. A new flavour was only a variation on their existing products.

A breakout innovation was General Foods’ line of International Coffees, which added connoisseur of fine flavors to the instant coffee category and elevated the at-home coffee experience. And Starbucks has obviously been a disruptive innovation, turning coffee into a destination experience worth paying a lot more for.

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

In a given category, disruptive innovations come first and are then followed by a series of progressive innovations, with sporadic breakout hits interspersed. Eventually, the market is disrupted once again, starting the cycle anew.

Although  disruptive innovations have the potential to yield the greatest benefit to a company, it is not necessary that it will lead to immediate market success. Because disruptive offerings differ significantly from the existing products, they often require time to gain market acceptance.

“You have to take your own bold approach, and if you do you will be rewarded with success. Or calamitous failure. That can happen too.” ― Steven Moffat

Analysis of revenue and consumer buying patterns:

  • Sustaining: Immediately moderate, then tapering off.
  • Breakout: Rapidly strong, then quickly dropping to a lower level.
  • Disruptive: Longer gestation period leading to exponential growth.

For disruptive undertakings, success typically requires different development processes,

different approval and funding mechanisms, and different performance expectations. At

times, work on a disruptive innovation gets stalled in a system that is optimized for the creation of sustaining offerings. For the success of a project a company should tailormade their approach depending on the goals.

“Innovation is an evolutionary process, so it’s not necessary to be radical all the time.” ― Marc Jacobs

To support the ultimate goal of generating immediate revenue, companies should classify each of its new product concepts within the framework of sustaining, breakout, or disruptive. This allows a company to manage risk and reward at a portfolio level.

Categorizing innovations using this framework is an effective way to ensure that target outcomes are in line with the expectations. Companies are able to focus their innovation efforts by clearly stating that they are prioritizing the development of breakout products and consciously minimizing the exploration of disruptive opportunities.

“Do not get obsolete like an old technology, keep innovating yourself.” ― Sukant Ratnakara

 

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Food Processing Sector

Food Processing Sector-“priority sector” in India’s Make in India Programme

India is one of the quickest growing economies in the world. India has climbed 30 ranks in the World Bank’s ease of doing Business rankings 2017 and was ranked number 1 in the world in 2016 in greenfield investment. The government of India is undertaking a range of transformational initiatives as a result of which India is also rapidly progressing on the Global Innovation Index, Global Logistics Index and Global Competitiveness Index. World Food India (WFI) was a gateway to the Indian food economy and an opportunity to showcase, connect, and collaborate.

Food Processing Sector

“World Food India 2017”

A global event to facilitate partnerships between Indian and international businesses and investors held in India from 3rd Nov 2017 to 5th Nov 2017. World Food India 2017 was organized by the Ministry of Food Processing Industries, Government of India and was inaugurated by Honourable Prime Minister Narendra Modi at Vigyan Bhavan in New Delhi on 3rd Nov 2017. World Food India 2017 hosted the largest gathering of investors, manufacturers, producers, food processors, policy makers, and organizations from the global food ecosystem to provides opportunities for both investment and trade in the food processing sector for leading Indian and International companies.

Food Processing Sector is the”priority sector” in India’s Make in India Programme. India is now the most preferred investment destination in the Food processing Sector because 100% Foreign Direct Investment (FDI) is now permitted, for trading, including via e-commerce, of food products manufactured in India. As an incentive from the Union and state governments, it has become very easy to obtain loans for food and agro-based processing units, and cold chains at low Interest Rates.

Nivesh Bandhu or investor’s friend is a one of its kind portal launched by Government of India to bring together information on Central and State Government policies and incentives provided for the food processing sector. It is also a platform for business networking, for farmers, processors, traders, and logistics operators.

 

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 Patent Your Business Idea: A Step by Step Guide
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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
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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