“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?
Our Indian law firm provides intellectual property law support services to domestic and foreign clients. We offer cost-effective IP consulting services in all areas of intellectual property law ( patents, trademarks, utility model or design) in India. The law firm works 365/24/7 and offers customized full services to wide array of clients from fortune 500 companies to mid size foreign intellectual property law firms. Over the years, we take pride in creating value for the customer.
Patent Drafting| Protection of Inventive Concepts:
Preparation of Utility Patent Applications:
We at Tech Corp International Strategist provide drafting of patent applications (provisional/ non-provisional) specifically in life-sciences, food technology, automotive, image processing, communications technology, aerospace, computer-implemented inventions and software, mechanical, electrical, electronics, wireless communication, and pharmaceutical sector.
Patent Drawings/Illustrations :
Developing patent drawings/figures using state of the art systems.
Patent Search : Patent searches by expert patent researchers
Validation/Invalidation Patent Search
Freedom to Operate Search| FTO Patent Search
Infringement Analysis/Equivalent Search including Claim Mapping Chart
Patent Information Search
Patent Searches for the state of the art
Competitor’s Patent Search
Patent Compliance Services:
Our team of technical patent experts review the patent application to create and protect infringement-free patent specification for protecting the client’s innovation.
Competitors Patent Review Services :
On-going competitor patent review and analyzing scope of the patent claims.
Preparing Patent Office Actions Responses:
Handling all Office actions, hearing before the patent examiner and PTO correspondences.
Patent proofreading :
Proofreading of Patent specifications to draft flawless patent application.
Patent Analysis & Portfolio Management:
Our team of expert patent lawyers understand the technology in question and then categorize a patent portfolio of a company according to the needs of the client. We conduct a market analysis in terms of identifying active companies, their areas of technical expertise, and find the family of the patents filed in different jurisdictions. We find the main players in the field of a patent on the basis of commercial viability, infringement aspects, strengths and weaknesses, find the key parameters for future research and analyze licensing terms for a particular patent.
Filing & Prosecuting of Patent Applications :
Regular patent application, ordinary patent filing before the Indian Patent Office
PCT Applications filing before the Indian Patent Office
PCT National Phase Applications filing before the Indian Patent Office
Convention Applications filing before the Indian Patent Office
Handling Office Actions from various jurisdictions including USPTO, EPO and other Asian countries
Patent search outsourcing India is cost effective to global inventors who want to register technology as patents. Flat fee cost for every patent searching after reviewing the technology details provided by the client.
TCIS, India is pioneer in providing QUALITY patent searches. WE believe utilizing best patent practices established by USPTO patent attorneys and experts in Intellectual property field who are part of our THINK GEEK team. Our THINK GEEK team of expert patent professionals who are Intellectual property lawyers provide problem solving approach to local innovators and foreign clients.
We at TCIS, India provide patentability search reports. Our intellectual property experienced research team of THINK GEEK enthusiasts reviews and examines foreign USPTO inventions, Indian patents, Korean patents, Japanese patents, Chinese patents filed before the patent office and other foreign patents as well as non-patent prior art literature.
We at TCIS, India serve businesses who want to enter India and launch their patent worthy products in Indian market. Getting a formal legal opinion on freedom to operate from expert Indian patent lawyer can save you MILLION DOLLARS cost in litigation in the long run. Our techno-legal team provide patent research services to patent attorneys, startup businesses and independent inventors.
Our 50+ patent searchers search over 100 million patents ++ and patent applications from 140 ++ foreign countries using the updated foreign patent databases (WIPO) online.
Patent Search Services for your Startups *Benefits of a Legal Analysis & Patent Opinion by Patent Attorney
Our patent legal opinion and analysis provide problem solution approach to client which provide them an edge over their competitors. Since our inception we have performed numerous patent searches for hundreds of clients providing them with results which help them anticipate future improvements in light of prior art patent results identified in the process of patent searching. Our team of patent lawyers and patent agents conduct inventor’s interview. The process of inventor’s interview includes discussion between the inventor and patent attorney to come to a conclusion as to what is the problem solution of the current invention and write a problem solution statement.
Invention analysis by a patent lawyer provides the client to create an intellectual property strategy framework that provides an edge in business operation.
The job of a patent expert is to find important patents with in-depth legal analysis, and prompt service. Schedule a call today to discuss your idea and market entry strategy.
Benefits of Patent Searchers * Patent Search Outsourcing India Services for Every Idea
Work on important aspects of your business and increase productivity of your research by outsourcing state of the art patent search requests.
Any research needs a lot of cash flow and it is expensive. One can optimise the Research & Development project cost with comprehensive prior art searching by professional patent researcher.
Identify relevant patent data present in public when faced with patent litigation and patent infringement.
Idea inception to execution is to launch products to market more quickly using the USPTO “Accelerated Examination” program in United States.
Getting patent and non-patent searching in a foreign language using foreign patent databases for example Japanese, Korean and Chinese language.
Cost of Patent Search Outsourcing to Indian Patent Searchers
The cost of patent searching depends upon the complexity of the invention as number of working hours has to be calculated before providing a flat fee quote. If any patent company is providing flat fee cost of dollar USD 300 for any technology search, be careful as you may be investing in cheap patent search service which doesn’t solve the purpose of getting a patent search.
DO YOU want to obtain patents for your innovation / Idea / technology ? Review the present positive law rules for obtaining patents in ANY COUNTRY
Action Plan Execution Step 1: Providing Invention disclosure form (IDF) to the inventor.
Action Plan Execution Step 2: Reading the details of the invention disclosure form by the patent attorney and/ or patent associate to understand the inventive technology.
Action Plan Execution Step 3: Identifying problem solution approach from the patent related document provided by the inventor.
Action Plan Execution Step 4: Identifying the inventive patentable claim concept of the idea /invention.
Action Plan Execution Step 5: Analysis of the Invention and CORE concept and writing down the patent keywords which will be used for patent searching in patent database.
Action Plan Execution Step 6: Patent keyword research in different online platforms, important patent inventor name search, patent classification (IPC, USPC), patent family search in patent databases.
Getting your MARKET ENTRY strategy reviewed by our patent professionals. We at TCIS, India provide in-depth patent search services by patent search outsourcing India team of patent strategists who are experts and have experience in performing more than 1000+ patent searches.Schedule a call todayto discuss your idea and market entry strategy with our experienced team of patent lawyers who are here to serve you.
Your research for best intellectual property strategist for protecting YOUR Invention ends here.