“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?
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.
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.
How do you Patent a Business Idea for a Fruitful Startup Business Strategy ?
Creativity is inventing, experimenting, growing, taking risks, breaking rules, making mistakes and having FUN. -Mary Lou Cook
How do you Patent a Business Idea for a Successful Business Venture?
An IDEA IS CONCEIVED by the genius mind to solve existing problem. The word “invention” is termed to the idea conceived at the ideation stage when the inventor is able to solve existing problem in the market. Problem can be personal or can be applicable to the large masses.
When a business entity like Fortune 100 company is able to resolve existing technology in the same domain the problem is UNIVERSAL and applicability is worldwide.
We as innovators and inventors are programmed to understand different patterns existing around us. CHANGE is EVERYWHERE and inevitable truth of LIFE. As an inventor or a startup we should realise the importance of protecting innovative ideas.
DO YOU have a GREAT IDEA for a SUCCESSFUL Business Venture?
So, if the ANSWER is YES…YOU have already taken the first step to protect your idea for a successful business !!
Now you must be wondering what if someone else comes up with something similar. BEST SOLUTION to such thoughts is to Patent a Business Idea.
Patent a Business Idea in India * Patent a Business Idea in USPTO
Technically, you can’t patent an idea for a business. For example, if you have a unique idea for an online store or a new chain of themed restaurants. However, you may be able to protect and patent a method of doing business and solving a problem– if it meets very specific patent criteria and patent requirements.
Ideas are valuable and throughout history innovative ideas have been copied or stolen by the third parties.
Instead of letting other business entity go away with your great INNOVATIVE IDEA and make a fortune $$$$$$, you as an inventor or innovator should protect your idea by filing a patent.
Patent a Business Idea
Technically ideas themselves cannot be patented. When you take an idea and with intangible force turn the idea into an invention or process (PROTOTYPE is ready) that meets specific patent criteria and patent requirements. Irrespective whether the idea is small or big, the innovation can be protected by filing patents which is a form of intellectual property right. YES, IDEAS can be patented with the right intent and content will be prepared by our THINKING GEEKS at TCIS, India.
A patent can help you remain competitive in your for 20 years field and give you an edge on your business rivals.
According to YOUR invention / idea YOU can apply for a Utility patent or an Industrial Design patent
Utility patents in USPTO are granted to inventions that pertains to a new and useful process or useful improvements of a process, machine, article of manufacture or composition of matter.
Design patents are given for new and original designs for an article of manufacture. Under industrial design protection the ornamental looks of the article can be protected. The timeline for registration in India is nine months from the date of the industrial design filing in India.
FOR A SUCCESSFUL STARTUP BUSINESS VENTURE HAVE A PROPER INTELLECTUAL PROPERTY STRATEGY IN PLACE:
Patent a Business Idea
As an inventor, you can file a provisional patent application or a non-provisional patent application before the patent office in home country. As an innovator you can write provisional patent and file provisional patent application in a quick way to protect your invention if it is in the abstract / prototype stage.
The provisional patent application will establish an early patent filing date. But a patent will be issued only after a non-provisional application is filed for the same within an year of filing a provisional application with a complete set of patent claims.
UNIVERSAL INTELLECTUAL PROPERTY PATENT STRATEGY
YOUR invention “SHOULD ” be Novel, Non-Obvious and should have industrial technology application”
If your idea with proper elements fulfils all the patent requirements to apply for a patent, and there are no other previously filed patents claiming the same elements in the patent claims, then it’s time to apply for patent before the patent office.
Patent writing and patent filing work is intellectual in nature. Hire and select your patent attorney wisely. From a strategic business point it is advisable to seek legal counsel and patent advice before filing a patent and get patent professional involved for writing patent claims and file patent before the patent office.
Indian Patent filing & International Patent filing involves the following patenting steps:
Action Plan Strategy Step 1: Pen down your invention with as much detail as possible including drawings/ diagrams that explain the working or concept of invention.
Action Plan Strategy Step 2: Next step is to find out if the invention meets all the patentability step criteria for the country in which the patent application has to be filed.
Action Plan Strategy Step 3: Writing patent and drafting the provisional patent / non-provisional patent application with patents depending on the stage of your invention. If you are at the stage where you have complete information about your invention then you can directly go for complete specification.
Action Plan Strategy Step 4: Up on patent filing the complete patent specification along with application for patent, the patent application is published after 18 months of first patent filing date.
Action Plan Strategy Step 5: A patent request for examination is filed after which the patent application is examined by a patent examiner and the examiner issues a first examination report to the patent lawyer representing the patent client.
Action Plan Strategy Step 6: The inventor and patent professional create and send a response to the examination in order to clear all the objections of the patent examiner.
Action Plan Strategy Step 7: After all the patent objections are explained and the patent examiner is of the view that the patent can be granted for the invention a formal letter is issued to the patent inventor. The patent is granted by the patent office and is published in the patent journal.
Tech Corp International Strategist (TCIS), India is an international intellectual property patent law firm in India providing patent writing services to clients and inventors across the globe.
New & innovative invention consultancy services by expert IPR attorneys & patent agents in India.
Tech Corp International Strategist (TCIS), India is an international law firm specializing in Intellectual Property Law, and we connect with patent attorneys in all the important Intellectual Property jurisdictions worldwide including US, Europe, UK, China, Singapore and Malaysia. We have expert intellectual property (IP) patent attorneys to perform patent searchesand file PCT patent applicationsbefore the Indian Patent Office.
Tech Corp International Strategist (TCIS), India partners with the best technology thinking geek startups, international & domestic entrepreneurs based India which is a vital part of Tech Corp International Strategist (TCIS) approach to accelerate the growth of technology innovation.
Patent lawyers, Patent agents, thinking geeks at Tech Corp International Strategist (TCIS), India understand and review the technology and business in depth and provide various patent related services including Patent Laws, Technology Laws, Intellectual Property Rights, Patent filing services in India.
Patent experts at Tech Corp International Strategist (TCIS) assist in writing patent applications to befiled before Indian Patent Office (IPO), United States Patent office (USPTO). Our Indian patent law firm helps in resolving all the matters that affect startups and technology companies.
We believe in devoting TIME by providing services customized services to help our clients to achieve success according to their specific requirements.
Tech Corp International Strategist (TCIS) is one of the Leading Intellectual Property (IP) Patent Law Firm in India.
To protect intangible assets in the current global scenario is very vital,for all technology and research institutions. We at TCIS, India believe in serving our global clientele by helping them to build and protect THEIR important intellectual property (IPR) assets which includes patent protection in India, brand protection by trademark filling in India, copyright and industrial design filing in India.
WE provide premium services in Mobile Applications, Social Media, Cyber Laws and Pharmaceuticals, Biotechnology, Food & Healthcare.
We at Tech Corp International Strategist maintain corporate headquarters in Aerocity, New Delhi, India and counsels both foreign and domestic clients. Please take a closer look at our website and contact the strategic firm for assistance.
Tech Corp International Strategist offers a global reach and extensive experience in working for Fortune 100 companies and drafted more than 1000+ patent specifications for global companies, foreign Universities, and Law firms and have strong association with foreign lawyers in more than 50 countries.
We have a team of techno-legal lawyers and Intellectual property patent lawyers having an experience of 12++ years.
We also have seasoned patent researchers who have experienced both the scientific and research sides of the industry. Together, we at TCIS,India have conducted 5000+ patent searches and worked with In-house counsels in executing more than 100 successful Intellectual Property based projects which have helped the global companies to close M&A transactions worth over $5 billion in medical healthcare and pharmaceutical sector. Currently, we maintain a close relationship with more than 100+ companies around the world.
We are also proud that more than 95% of our global clients have returned for repeat legal corporate advisory services and patent related services. Our team of techno-legal professionals have a diverse science and legal background of both corporate advisory and Intellectual Property experience. To Read about our client testimonials: Click Here
We represent and assist technology companies and startups at all stages of research and development, including Protection of Technology by Patents, Brand Name Protection by Trademarks, Protection of Intellectual Assets by Copyrights and Industrial Designs, Strategic Transactions, Public Offerings, and Mergers & Acquisitions.
We also represent and assist startups and investors in venture capital financing. We advise many entrepreneurs from initial company formation to liquidity event.
Our Intellectual property patent lawyers assist technology companies in various sectors including pharmaceuticals, healthcare, medical devices, telecommunications, web 2.0, mobile applications, semiconductors, software, social media, cloud computing, networking, clean tech, digital media, video games, virtual worlds and food tech sector including tea, alcohol, bakery products and restaurants.