“The scope of improvement is infinite, precisely because perfection is unattainable”.
Often, after filing a patent for an invention, additional modifications and improvement of the invention surface. The improvements or modifications may take place as a result of further experimentation to improve the invention, or as a result of feedback received from the industry.
In such a scenario, where the invention is already protected by a patent, the improvement or modification over the original patented product or process may be protected by a “Patent of Addition” in India.
“Patent of Addition” falls under Sections 54, 55 and 56 of the Patents Act, 1970. A patent of addition facilitates the addition of new subject matter in the form of modifications and improvements to an existing disclosure of the parent application, while retaining the priority date for claims based on the original disclosure by the patentee.
Filing a new patent application is another option, but the priority date of the new patent will be different from that of the previously filed application (or parent application). The claims of the patent of addition inherit the priority date of the parent application. As a result, claims in the patent of addition can have a priority date that is before the filing of the patent of addition.
However, the applicant must be the same for the parent patent application and the patent of addition. If the improvement or modification involves an additional applicant, a patent of addition may not be pursued.
A patent of addition effectively enables an applicant to make incremental improvements and add embodiments that might not justify their own patent applications without needing to file parallel applications. More specifically, the applicant need not pay a renewal fee for a patent of addition, thereby saving costs.
A patent of addition is a suitable and attractive option for applicants to add additional features onto previously filed patent applications, it may not always be the right tool for the job, it has its own disadvantages.
In contrast to the perception that the patent of addition inherits the priority date of a parent application, certain claims may have their own priority dates. Only the claims fully supported by the disclosure of the parent patent application are entitled to the priority date of the parent patent application.
A term of a patent is 20 years from the date of filing of patent application and the term of patent of addition is limited to its parent application’s term. For example, a patent of addition filed in 2017 that claims priority to a parent application filed in 2013 will expire in 2033, as opposed to 2037 if a new patent application was filed instead of patent of addition application. This reduced patent tenure might result in loss of significant revenue from products or methods that pertains to the new patent claims supported by the patent of addition.
Further, introduction of new claims in the patent of addition may leave the door open for an opponent to assert the invalidity of parent application if the disclosure in the parent application do not justify the additional claims. In situations where support for the new subject matter of the patent of addition is not clearly set out in the parent application, it may be advantageous to file a separate application to utilise the distinctiveness of the new claims, and to obtain the benefit of a full patent term.
Accordingly, a patent applicant must look at all the pros and cons before making a decision to apply for a patent of addition.
International Patent Research Workshop for Intrigued Genius Minds
Take your intelligence to next level. Welcome to the world of understanding innovations happening in cutting edge technologies across the globe. Learn more about current technology trends that will shape up economic disruptions across the globe. Learn more about innovations happening in the field of Artificial Intelligence, Cognitive Computing, understand use of chatbots, virtual agents, virtual assistants, wearables – augmented and virtual reality, IoT, Blockchain and other state of the art technology.
Albert Einstein, Thomas Alva Edison and Wolfgang Amadeus Mozart all were genius people in their lifetime.
Now what set these people apart from the rest and made them achieve what they did?
It’s pretty simple really: they all simplified the existence of existing laws and the way of seeing life in different way.
Every human is eligible to attain that height of being genius. CHOICE is YOUR whether to BELIEVE in YOUR IDEAS and #makeithappen
Imperfection is beauty, madness is genius and it’s better to be absolutely ridiculous than absolutely boring. – Marilyn Monroe
International Patent Research Workshop
Venue: Aerocity, New Delhi
Demystifying Patent Research Basics
The patent research workshop will cover holistic view of the legal viewpoint
As to how to perform patentability search?
How to perform state of the art searches?
How to perform validity patent searches?
How to perform Infringement searches and freedom to operate searches?
As a company it is important to understand the type of research which needs to be performed to identify the OPPORTUNITIES to create your own niche in the competitive market. For example, patentability search can be performed if any person or any innovator of a company has an idea or is doing a research.
WHEN to perform patentability search before filing a patent or after filing provisional patent application?
The company would like to know What is the SWOT analysis or in simple terms, identifying what are the different innovations or research which has already happened across the globe.
As a business owner knowing what happens in 2-3 years from now is a strategic move
When to protect intellectual property?
It’s very tough question to answer and it is not very easy to protect every creation of mind. Yes, there are some ways in which you can actually add some pointers and then file a patent application. Ideas are creation of mind and it might happen at one point of time the same idea is bouncing in multiple minds at neutron level across the globe.
First very important factor for an innovation to be PATENT WORTHY is that an idea should be new. New means that idea should be new concept all over the world not only in India. So the idea actually qualify for even being patent worthy is performing patentability research. Many patent databases are very helpful to perform the patentability. One example is WIPO which stands for world intellectual property organisation.
The WIPO database is worldwide patent database. Other important databases are espacenet, and USPTO.
Many times we get patent queries regarding what kind of patent databases are you using for performing your any kind of patentability or any kind of patent research?
Our BELIEVE is SIMPLE we use our intellect and use non paid patent tools.
Obviously, when you are using a paid database it is expensive. However, you are not using your intellect as a patent attorney or as a patent researcher to come up with ways and means to do your research in a manner which suffice the purpose of that particular invention or idea so that is very very important.
Over the years we have been able to find out better results by defining the kind of scope of work which we plan when we get a patent research query.
There is no STEP WISE MANTRA that would be applicable in all the patent searches. What is important is to analyse CRUX of the invention or the innovative features of the invention use your intellect as a patent researcher, and make the key strings.
What kind of strings will work better and if you have less time how to go about doing state of the art searches?
State of art search is basically talks about what kind of innovation already has happened in a particular sector. For example it can be a solar sector where by solar energy is being used to light up the lamp or it can be a LED sector where the technology relates to packaging of the LED to reduce the heat sink capacity.
However, what is important to understand what kind of approach or parameters are you going to take into considerations as a patent researcher.
KEY LEARNINGS FROM THE WORKSHOP
We will be discussing a lot on different kind of technologies. It is exciting to know that YOU don’t have to be an expert in a particular technology to do a patent research. Obviously, if you are a scientist or Phd in particular area it will take less time to understand the technology but at the same time as a patent researcher or as a patent attorney one should understand your job is to identify the innovative features.
Imbibing the acumen of a researcher and techno legal domain will is helpful when you are responding to office section response. The office action response is issued by the patent examiner and the patent examiner performs the search on a particular invention and will come up with objections so as a patent expert or patent attorney you need to respond to those objections. How to respond to office action response will be part of different workshop which we would be doing in the coming months.
How different kind of strategies can be applied as there is no one strategy which will be applicable to all patent searches but of course that key take away from the workshop would be that you would be able to understand what are the parameters you should actually look when you are doing the research.
Multinationals are coming in India so there is lot of job opportunities which are going to be there in near future and if you are already in the league of understanding how to perform patent research and can STRATEGISE a BUSINESS PLAN for the startup you get yourself a high package job.
You will be in a position to help the companies with their day to day activities whereby a lot of research is being performed by the scientists and many a times they have no clue whatsoever.
What kind of research is of prime importance?
What kind of research should be finished first?
What kind of research is being done by competitors?
A proposal for a business includes many elements including pointers like MISSION and VISION of the business in 5 years time. For any business proposal it includes all the fundamental information such as the product or the services offered, the target audience, and a novel business marketing strategy that gives a company an advantage over its competitors is known as a business concept.
“New Idea Reveals How To Sell High Ticket Patent Business Ideas…Even If Nobody’s Ever Heard Of You”
A business concept may involve a new product or service or it may simply comprise a unique approach to marketing or delivering an already existing product.
Idea for business Innovation
Got a great concept for business? Great you have already taken the first step for a successful business !! Once a concept is developed, it is incorporated into a business plan.
Now you must be wondering what if someone else comes up with something similar? Idea for business must be protected.
Running a successful business is not a solo sport. We work with and through other people. In order to get off to a flying start, an entrepreneur needs investors, vendors, employees and may be a partner or a mentor. Thus eventually you have to discuss your idea with the masses. But what if someone steals your idea?
Ideas and concepts are valuable and throughout history innovative concepts have been copied or stolen.
“Idea theft” is an ongoing concern for many business owners and startups. A competitor could steal the idea and put it to use themselves. Instead of letting other party go away with your great concept and make a fortune, you should protect your concept by filing a patent.
As per the Patent laws, a mathematical or business model or algorithms or a computer programme per se are not inventions and hence are not patentable. HOWEVER, a hardware component to the flow diagram can make the overall business concept patentable. For a technology to be patentable, the technology must be incorporated into a new product or a process, involving an inventive step and should be capable of being made or used in an industry. For example Blockchain Technology, the talk of the town in itself is not patentable but if it is incorporated into a device it is patentable.
Similarlyideas and concepts themselves cannot be patented.
But when you take a concept and turn it into an invention or process that meets specific criteria and requirements, it can be patented. A patent can help you remain competitive in your field and give you an edge on your rivals.
You can apply for a Utility patent or a Design patent based on the nature of your invention. Utility patents 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.
You can file a provisional patent application or a non-provisional application with full specification of your invention. A provisional patent application is a quick way to protect your invention if it is in the abstract stage. It will establish an early filing date. But a patent will be issued only after a provisional application is accompanied with the complete specification within 12 months from the date of filing of the provisional application. If the complete specification is not filed, the application shall be deemed to be abandoned.
Make sure your invention is novel, non-obvious and has a commercial value.
Every complete patent specification shall fully describe the invention and its operation or use and the method by which it is performed.
For example, an individual has an idea pertaining to a software that can be used for buying & selling property and has the expertise to transform that idea into an invention that is a mobile application. With such an idea provisional application can be filed for that mobile application and later complete specification can be submitted which fully and particularly describes the invention and its operation or use and the detailed method of performing the same.
If your concept fulfills all the requirements to apply for a patent, and there are no other previously filed patents, then it’s time to apply for your patent.Patent filing requires money. Patents have filing fees and maintenance fees over the life of the patent and a large amount of money is required for the defence of the patent. If your idea fulfills all the requirements to apply for a patent, and there are no other previously filed patents, then it’s time to apply for your patent. But before filing a patent make sure that the patent generates enough profit to justify the expenses associated with its filing.
It is advisable to seek legal counsel and advice before filing a patent and get patent professional involved for writing and filing patent.
Patent filing in India involves the following steps for Idea for business protection-
i) Pen down your invention with as much detail as possible including drawings/ diagrams that explain the working or concept of invention. Brainstorm terms that effectively describe your invention along with their synonyms.
ii) Next step is to find out if the invention meets all the patentability criteria for the country in which the patent application is to be filed. Check the patentability of your invention by performing a search for similar technologies. A detailed patentability search helps determine the chances of getting a patent. Conduct In-depth review of patents as well as non-patent literature and electronic publications like books, journals, websites, technical catalogs and conference for similarity to your invention.
iii) If your invention is novel and meets all the patentability criteria, draft the provisional/ non-provisional application 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. However if the invention is still in the development mode and tests are underway, it is a good idea to quickly file a provisional application to establish priority. Filing of the provisional application gives you 12 months of time to test and finalize your invention and file the complete application.
iv) Up on filing the complete specification along with application for patent, the application is published after 18 months of first filing. This is an automatic event and you need not make any request. However, if you wish to get your application published earlier, you can make a request for early publication (Form 9) and your application will ordinarily be published in 1 month from the request.
v) A request for examination is filed after which the patent application is examined. by a patent examiner and the examiner creates a First Examination Report (FER). During the process of examination, the examiner will closely inspect the application to ensure that the application is in accordance with the patent act and rules. The examiner also performs a search to understand similar technologies to ascertain if the invention would satisfy the patentability criteria. Based on the analysis, the examiner will issue an Examination Report to the applicant, stating the grounds for objections.
vi) Once, the First Examination Report is issued by the examiner, the patent applicant needs to successfully overcome the objections to receive a patent grant. The inventor and patent professional create and send a response to the examination in order to clear all the objections of the examiner. The whole process may involve responding to examination reports, appearing for hearing, etc. The ideal opportunity for putting an application all together for grant is 6 months (earlier 12 months) from the date on which the FER is issued to the applicant. However, this 6 month period can be extended for a period of 3 months by the applicant by filing a request for extension of time (Form 4).
vii) After all the objections are cleared, the patent is granted and is published in the patent journal.
Client Testimonial for Protecting Idea for Business:
Director at Wide Range International
June 24, 2017, Rajiv worked with Prity Khastgir IPR in different groups
It’s my absolute pleasure to recommend Ms. Prity Khastgir as a seasoned patent and trademark attorney in Intellectual Property portfolio research, cross border technology transactions, license agreements, etc. Prity and I are business-friends and are known to each other for quite some time now. I thoroughly enjoyed my time working with Prity, and came to know her as a truly valuable asset to absolutely any team. The grasp on subject matter is absolutely great along with a ability to summarise even the complexly wired matter pertains to IOTs and mobile applications, Software Development, Therapeutic Bilologics, Food Science, etc. She is honest, dependable, and incredibly hard-working. Beyond that she exhibit a “Keep It Simple and Straight” principle. Along with her undeniable talent, Prity has always been an absolute joy to work with. She is a true team player, and always manages to foster positive discussions and bring the best out of people around her
For further details contact-
Aanchal Verma, An enthusistic, adaptive, fast-learning person with a passion to develop new skills and solve new challenges.
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.
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-4for 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.”
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.
Advice to budding Entrepreneurs For Protecting a Business Idea
Got a brilliant Idea? Already daydreaming about a groundbreaking business and becoming the next Bill Gates? But what if someone comes up with something similar?
Running a successful business is not a solo sport. We work with and through other people.
In order to get off to a flying start, an entrepreneur needs investors, vendors, employees and may be a partner or a mentor. Thus eventually you have to discuss your idea with the masses. But what if someone steals your idea?
Fear of getting the idea stolen is one fear that stops a number of people from starting a new business.
An individual with a fear of getting the idea stolen will move forward so slowly and cautiously that someone else who already thought of the same idea will move ahead. So how do you market your idea to the masses without having someone rip you off?
Here are certain things all budding entrepreneurs should consider while protecting a business idea.
1.Yes, a patent can help you remain competitive in your field and give you an edge on your rivals.
Technically ideas themselves cannot be patented. When you take an idea and turn it into an invention or process that meets specific criteria and requirements, it can be patented. But make sure your invention fulfills all the requirements to apply for a patent.
2. Consider the money involved in filing a patent.
Patent filing requires money. Patents have filing fees and maintenance fees over the life of the patent and a large amount of money is required for the defence of the patent. If your idea fulfills all the requirements to apply for a patent, and there are no other previously filed patents, then it’s time to apply for your patent. But before filing a patent make sure that the patent generates enough profit to justify the expenses associated with its filing.
It is advisable to seek legal counsel and advice before filing a patent and get patent professional involved for writing and filing patent.
3. When should you consider a Non-Disclosure Agreement (NDA) ?
There is no patent or copyright for an idea. If you really feel you’re onto something new and want to discuss it with some people, potential co-founders and contractors before you have been able to build it. In such cases, it is advisable to sign a Non-Disclosure Agreement (NDA).
A non-disclosure agreement (NDA) is a confidentiality contract between two parties.
According to the non-disclosure agreement (NDA), one party agrees with the other that if the latter party discloses to the former its idea and other confidential information, then the former will maintain its confidentiality for a specified period of time. If the former party were to breach this agreement, causing loss to the disclosure, then the disclosure has a remedy in being able to sue for breach of contract.
True, some people might not like the idea saying “Don’t you trust me?”, but there’s value in your invention only if you own and protect your idea. Moreover the agreement will also demonstrate the individual’s seriousness in commercialising the idea.
Putting copyright symbols by your business plan or logo is a good idea even if you aren’t sure you’ll ever go through the trouble of filing a copyright or a trademark.
It’s like putting a yard sign or a sticker that says your house is protected by a security system even if it’s not.
When people will see that copyright symbol next to your work, they won’t take the chance to burglarize.
5. Implementation of idea.
Ideas alone are not worth that much — it’s how they are implemented.
It is important to implement that idea into sustainable innovation.
“What makes the difference for successful businesses is not the idea alone. It’s the implementation of the idea, a commitment to delivering the products, services or information on a daily basis, that makes the difference.
It takes a lot of energy to run a business, It’s hard to get things done and it takes a lot of discipline. Also there’s no guarantee that any business will be successful. If you have an idea for a product, service or business, beat the odds and use your passion and energy, to figure out how to make it profitable.
At Tech Corp International Strategist (TCIS), we help Startups to Raise Funds & Assist Foreign Companies to find Right Business Partner in India. We assist enterprises to enter INDIA and find RIGHT Angels, and Venture Capitals in Malaysia, Singapore, US, UK, Japan and India. We believe that for protecting your innovation in India, your startup idea and our intellect is the perfect combination. Every business has a #strategy. We at TCIS facilitate the process of identifying Key issues and help amplify business goals of any business (short term goals and long term goals). Everything is simple we tend to complicate and use heavy words to prove our point.