“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.
Patent Search: Determine how prior art is similar or different?
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.
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.
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?
Difference between Patent pending and Patent granted
Patent-pending sounds great, doesn’t it? But it does differ from a regular patent. Not every patent application results in a granted patent.
“Patent pending” (sometimes abbreviated by “pat. pend.” or “pat. pending”) or “patent applied for” are legal designations or expressions that simply means that you have applied for, but have not yet been granted, a patent.
The words “patent pending” carry no formal legal significance but it communicates that you are “pursuing a patent” and have filed a provisional patent or a patent application. The patent applicants usually mark their articles with such words after filing an application because Patent-pending status protects your innovation while you are working through the patent process by keeping competitors from scooping your idea and marketing it as their own.
A strong patent portfolio help in fuelling investments for emerging tech companies. Investors often look to see whether a budding company has protected its intellectual property when determining whether to invest or not. It is more likely that you will be taken seriously if you come to the table with excellent technical knowledge and a patent-pending for your idea that’s been well-researched and profits projected, even if you don’t have all the connections with the big players. Holding a patent pending status also allows you to begin marketing for your product even before the patent is granted providing some control over the use of your product while warning others against attempting to file patents for substantially similar products.
However, the use of patent pending status by the patent applicant does not prohibit the third party to plead as innocent unless the patent number is indicated as the infringement action can be initiated only after the patent is granted.
Patent-pending status is temporary and only offers protection for a brief period of time, with protections similar to a regular patent. “Patent pending” (sometimes abbreviated by “pat. pend.” or “pat. pending”) or “patent applied for” are legal designations or expressions that can be used in relation to a product or process once a patent application for the product or process has been filed, but prior to the patent being issued or the application abandoned.
Not every patent application results in a granted patent. A patent can be licensed only after it is granted. Licensing a patent simply means that the patent owner grants permission to another individual/organization to make, use, sell etc. his/her patented invention according to agreed terms and conditions.
The basis of filing a divisional patent application is the existence of a plurality of inventive concepts in the parent patent application.
If in one parent patent application, the patent claims do not relate to a single invention and discloses two or more inventions, the patent law provides the inventor with the opportunity to protect multiple inventions disclosed in one patent to file a further patent application as a divisional patent application.
Applicable Indian Patent Law in context of Filing Divisional Patent Application Filing before Indian Patent Office:
Under Section 16, of the Indian Patent Act,1970 the Patent Controller has the power to make orders in respect of division of parent /main patent application which relates to a plurality of inventions. Section 16 (1) states that:
“A person who has made an application for a patent under this Act may, at any time before the grant of the patent, if he so desires, or with a view to remedy the objection raised by the Controller on the ground that the claims of the complete specification relate to more than one invention, file a further application in respect of an invention disclosed in the provisional or complete specification already filed in respect of the first mentioned application”.
Thus, in order to comply with the Controller’s objection on the ground that the patent claims of the complete patent specification relate to more than one invention, the patent applicant can file for a further patent application in respect of an invention disclosed in the provisional or complete specification already filed at any time before the grant of the patent.
However, the divisional patent application filed should not contain any new matter which was not part of the first patent application filed before the Indian Patent Office.
The divisional patent application claims the priority date of the parent patent application, contains generally the same specification as the parent patent application but has a different set of claims.
The divisional patent application shall be processed and examined when the request for examination is filed within the prescribed period.
The Divisional Patent Application is treated as a substantive Patent application with a separate application number. A divisional application shall be examined vis-à-vis the first mentioned parent patent application so as to avoid patent claim overlap resulting in double patenting.
A divisional patent application is treated as a substantial patent application in the following ways:
a) Patent fee(s) is required to be paid;
b) Separate request for examination requires to be made;
c) Patent will be prosecuted separately;
d) Treated as an independent patent
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.
GET Professional Patent Search to Protect Your Innovative Ideas
Are YOU Innovative enough to take your Business to next level?
Is YOUR Product or Service Patent Worthy?
Product Design provides a complete service from patent search for protecting your Idea. To find out more information on how to patent an idea or advice on the protecting your business idea contact us at +911166544992 or write to us at email@example.com
GET Professional Patent Search for Innovative Ideas by Hiring TCIS, Thinking Geek
Perform Professional Patent Search for innovative ideas by discussing your innovative idea to our thinking geek team of patent researchers trained by US patent attorneys having dynamic combined experience of more than 50++ years.
“Many people come up with great innovative ideas ! But defining the idea to make it an asset that can ultimately be protected makes a difference!”
Have a brilliant idea?
Be sure that your innovative idea is novel
To be sure about novelty of innovative business idea and protecting your Idea get in depth analysis by TCIS thinking geek team of patent researchers . To find out more information on patentability and novelty of business idea or advice on the protecting your business idea contact us at +911166544992 or write to us at firstname.lastname@example.org
An important step in the invention process of patent strategy is patent protection to make sure that no similar product exists in the market and protecting your rights over your services and products.
Be a sole owner of your intellect by Protecting your Ideas
Patent protection not only helps the inventor and developer to protect the invention but also helps you to define your target market for commercializing.
What is the best way to conduct a basic patent novelty search?
Perform Professional Patent Search for Innovative Ideas: Starting From Idea Phase to Innovation Phase.
To begin with the US Patent and Trademark Office (USPTO) patent database is a good starting point for inventors to conduct preliminary professional patent search. The US Patent and Trademark Office (USPTO) patent database is a free patent search engine available online to the public. The US Patent and Trademark Office (USPTO) patent database includes patent searches for both patent pending applications and granted patents. Our patent experts who has Techno legal degree provide patent search consultancy services to domestic Indian and overseas clients for more than a decade.
“The road to riches down the innovation path not only takes inspiration but it also takes perspiration”.
Procedure for Professional Patent Searching | Your Professional Patent Consultant for Research
Brainstorm terms and Identify the main keywords for your technology
Identification of the relevant patent classification based on your keywords (IPC /CPC)
Selecting the most relevant patent applications based on the patent classification. (Read the patent claims and refer the patent drawings)
Reviewing Backward and forward citations in the patent applications (Patent & Non-patent
References cited by the patent applicant and/or patent examiner may lead you to additional relevant patents)
Broaden your United States US professional patent search by performing US patent search by identified inventor name
Perform PCT WIPO professional patent searching
Utilize US patent quick searching
US patent searching by patent publication/ grant number
To research more relevant patent publications use keyword searching on the European Patent Office’s Worldwide Espacenet patent database
Searching of non-patent literature online / offline.
“An invention requires conception and reduction to practice of an innovative idea. A Concept is something that exists in the mind of the inventor as the product of careful brainstorming and reducing the concept of a complete and operative invention to practice requires that the claimed invention work for its intended purpose.”
*Perform Patent Search* for Innovative Ideas:
Free Patent Research Tools are available for inventors:
USPTO: US patent database for published and granted US patents
WIPO: International patent database including PCT international patent results
IPO: Indian Patent Database to search domestic published and granted patents in India
ESPACENET: EPO Patent Database Patent search consultancy | Patent Report Formats for patentability and other important IP analysis: Patent Mapping the independent and dependent patent claims. Identifying strength, weakness of granted patent by performing SWOT analysis Patent Claim White Gap Analysis.
We at Tech Corp International Strategist (TCIS, India) can help you determine if your invention is patentable and Perform Patent Search for Innovative Ideas. Our team of Patent attorneys have expertise in worldwide Patent analysis, Patent portfolio and landscaping besides Prior art searching, validity searches, Freedom to Operate report and Reporting patent Infringement for granted patents. Get patent search consultancy services from our experienced team of patent lawyers.
Prity Khastgir founder at Tech Corp International Strategist, India and law firm partner at Tech Corp Legal LLP. Prity Khastgir is a techno-savvy patent attorney in India with 12 yrs++ of experience working with clients across the globe. Her areas of expertise are IP portfolio research, cross-border technology transactions, licensing agreements, product clearance, freedom-to-operate, patent infringement & invalidity analysis, research & opinions. Currently, she helps startups to raise funds, assists foreign companies to find right business partners in India. She also assists enterprises to enter and find the right angels, and VCs in Malaysia, Singapore, US, UK, Japan and India.
For further information on patents and patent filing 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.
Perform Patent Search for Innovative Ideas: 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
Today in this era of Technology, the development in the field of mobile applications, has surpassed that of any consumer technology in history. Mobile application market is rapidly-expanding with the change in marketing strategy of businesses in 2017. For reshaping the future of market and for the ease of consumers, top most companies across the globe are not just investing in advertising their product or services but they are also developing mobile applications for their brands.India’s smartphone market is flourishing and it is fascinating to observe that people are adopting smart devices 10 times faster than that of the 80s PC revolution.
Software and Mobile Applications, including those sold in Apple’s App Store for the iPhone and the Android Market for Android phones, are an increasingly profitable market with huge commercial benefits. With the rise in commercial success of the App Store, Google Play, Samsung Apps, and the Windows Phone Store, mobile applications have increasingly been a hot topic for patent clients.
Mobile applications are similar to other software and business methods when it comes to patent eligibility and patentability, which effectively implies that Mobile Applications are patentable!!
Recently a mobile application patent US 20170265038 was filed claiming a “GUIDING SYSTEM FOR POSITIONING TARGET OBJECT”. The mobile app idea relates to a guiding system for positioning a target object, which is capable of guiding a user of a mobile device to the position of the target object comprises an wireless positioning device configured on the target object, a plurality of base stations configured around the target object, a positioning server, and an application software built in the mobile device. The wireless positioning device sends wireless broadcasting signal to the base stations. The base stations measure the intensities of broadcasting signal and then send the broadcasting signal and the intensities to the positioning server. The positioning server calculates a locating area of the target object according to the broadcasting signal and the intensities, and then sends the locating area to the mobile device. The application software displays the locating area of the target object to guide the user of the mobile device to the locating area.
In order to validate Food Safety and pathogen destruction in food material a recent patent US 20170231417 was filed for an “Apparatus and Method of Temperature-Precise Culinary Processes Including Food Safety Verification”.
The application relates to an apparatus and method for control of temperature-precise culinary processes with real-time verification of food safety and pathogen destruction. The apparatus and method utilizes software process control for monitoring and recording input temperature sensors, controlling active relays for adjusting temperature according to set programmable recipes. A connector kit (local or in the cloud) or gateway module receives real time data from the sensors and relays, and enables communication of real time data with client applications. An automatic process interface (“API”) and a communication channel (“websocket”) enable the connector kit (local or in the cloud), mobile applications, a website and cloud to share data and instructions. The API also stores data for authentication of client applications communicating that information via the connector kit (local or in the cloud) or gateway module enabling execution of client applications; the viewing of live and historical data from sensors; thereby generating live and historically validated food safety data with means to verify pathogen destruction and safety.
A number of mobile health applications are being developed to cater the needs of patients. United States Patent Application 20170193164 titled “SYSTEM FOR THE DISTRIBUTED COLLECTION OF BRAIN HEALTH INFORMATION” provides a system for collecting medical data about a subject between visits to a health care professional. The system includes a medical records database that stores patient data for access by the health care professional and an interactive and distributed data collection system provided to a team of collaborators (doctors, parents, teachers, etc.) who are to collect data about the subject between visits to a health professional. The data collection system includes a plurality of mobile computing devices implementing a software application adapted to periodically collect symptoms data and activity data about the subject in response to prompts relating to the subject’s condition, to enable chat discussions amongst the team of collaborators about the symptoms and activities of the subject, and to periodically forward the collected data in a report to the medical records database.
United States Patent Application 20170180961 titled- “SYSTEMS AND METHODS FOR AGGREGATING MEDIA RELATED TO AN EVENT ” relates to a system for aggregating media which includes a server equipped with a processor and memory and having an event database associated with it which contains a plurality of events, wherein each of the plurality of events has a temporal window and geofence associated with it; and a plurality of users, each having associated therewith a mobile technology platform equipped with a display and a memory which communicates with the server. The memory of each mobile technology platform has an instance of a software application is installed which monitors the current location of the user, prompts the user to check into events present in the event database when the user enters a geofence associated with an event within the temporal window associated with the event, associates, with one of the plurality of events, media which was captured by the user while the user was checked into the one of the plurality of events and within the temporal window and geofence associated with the one of the plurality of events, and uploads the captured media to the server.
United States Patent Application 20170113747 titled- “ANTI-THEFT DEVICE FOR BICYCLES”pertains to an anti-theft device for a bicycle. It includes a tilt sensor attached to the bicycle wherein the tilt sensor has a tilt switch to detect upright orientation of the bicycle; a microcontroller, electrically connected to the tilt sensor; a transceiver, electrically connected to the microcontroller, which wirelessly transmits or receives signals; a computing device to wirelessly receive or transmit the signals; and a software application installed on the mobile computing device. If the tilt sensor detects an upright orientation of the bicycle, it sends a signal for the upright orientation to the microcontroller and the signal is forwarded to the software application. Then, the software application sends a warning to a user through a user interface. If the tilt sensor detects an upright orientation of the bicycle, it sends a signal for the upright orientation to the microcontroller and the microcontroller activates a warning beep to emit a high-pitched sound.
If you think your mobile app idea is worth filing a patent, we can assist you. We at Tech Corp International (TCIS, India) can help you determine what elements of your invention are actually patentable. To make this determination, we create a “patentability opinion”. This is done by performing a prior art search, in which we analyse the patent and non-patent literature in the public domain about potentially similar inventions. Our team of patent experts can help you in writing the patent application, especially taking into account the factor of how to broaden the patent claims.
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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
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Aanchal Verma, An enthusistic, adaptive, fast-learning person with a passion to develop new skills and solve new challenges.