Patent Application Filing Procedure-Process in India
Patent Filing India, patent filling steps, Patent Innovative Ideas, patent research service, PATENT STRATEGY, tech corp legal

7 Step Strategy for Preliminary Patent Searches

This article provides a 7 step strategy for searching and evaluating relevant prior-art or any publication that discloses the invention for which a patent is to be filed.

1). The First and the most important step is to Brainstorm Terms that describe your invention. Begin by analysing and describing in written the purpose, composition and use of invention. Note down the important keywords and synonyms of words that describe the invention.

2). The second step involves identification of relevant Cooperative Patent Classification (CPC) using the keywords identified in the previous step from the USPTO (United States Patent & Trademark Office) Website Search Feature. Go to the USPTO Home Page and enter “CPC scheme (Key words describing invention)” on the top right search box and scan the results thus obtained.

In the following example we have identified the CPC scheme for shape (contour and architect are its synonyms used).

Look for the relevant results from the list obtained. If no relevant search reults are obtained repeat the step using other keywords & their synonyms identified in the previous step.

 

3). In the Third step verify the Cooperative Patent Classification (CPC) identified in the previous step by reviewing the definitions. CPCs are hyperlinked to a CPC classification definition. Definitions are helpful in establishing you have determined the most relevant classification.

4). Retrieve and Review all the patent applications assigned to the most relevant CPC classification. Focus on the abstract and representative drawings on the front page of the patent applications and narrow down the most relevant patent applications.

5). Conduct In-depth review of patents selected based on their front page information for similarity to your own invention paying close attention to the claims, additional drawings and specifications. References cited in the previously identified Patents may lead you to additional relevant patents.

6). Retrieve and Review in depth all the published patent applications under the Cooperative Patent Classification (CPC) previously identified for similarity to the invention paying close attention to claims, drawings and specifications of the patent.

7.   After completion of the preliminary search you may broaden your search based upon available time and resources. You may broaden your search by identifying International Patent Classification (IPCs)U.S. Patent Classification (USPC). Rerun your search using Espacenet, IPIndia and WIPO. Since inventions can be publicly disclosed in a variety of non-patent literature and electronic publications, you can choose to search books, journals, websites, technical catalogs and conference proceedings as well.

You may choose to hire a registered patent attorney or patent agent to review your search and conduct a follow-up search of his/her own.For further information on patents and patent filling 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.

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.

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Patents | Intellectual Property India

Patent LAWYER INDIA ATTORNEY PCT FILING INDIA Cooperation Treaty PCT assists applicants in seeking patent protection
Indian Patent Attorney, INTELLECTUAL PROPERTY STRATEGY, International Patent Treaty, Patent Cooperation Treaty (PCT), Startup India Strategist

Worldwide International Patent PCT Filing in India * Patent Cooperation Treaty

ARE PATENT RIGHTS TERRITORIAL IN NATURE….THAT MEANS PATENTING IS JURISDICTION SPECIFIC !!

Patents are territorially restricted which means that they are “Jurisdiction specific”. FOR example patent for an innovation is filed in Singapore and not in INDIA.

ANY BUSINESS ENTITY IS FREE TO USE THE SAME PATENT TECHNOLOGY IN INDIA

For example if a patent is filed in India, it will provide IPR patent rights to the patentee in India only. Similarly if a patent is filed in US, America or any other country the exclusive IPR rights obtained through that patent will be restricted to that particular country only.

Overview of Patent Cooperation Treaty (PCT) system

To get patent IPR protection in a given country like INDIA (BHARAT) YOU need to ultimately file for a patent for innovation in that specific country. Obtaining a single patent in each of the nearly 200 countries on earth could cost an estimated $1,000,000 for patent filing and patent issuance.

However, another $1,000,000 government fees to maintain the legal status of patent for its full term of 20 years from the date of first filing. That is beyond the budget allocation of funds. This is a BIG burden on independent  GENIUS inventors worldwide to spend that much of money.  

Even for most Fortune 100 corporations, especially when they consider that patents are applied to protect their intellectual research, having a proper worldwide patent strategy in place is need of the hour.

For proven commercial success of any technology a well defined worldwide patent strategy should be formulated by patent legal counsel. Prior to a product launching get your patent strategy.

Patent Cooperation Treaty (PCT) is an international IPR treaty which protects inventor’s invention simultaneously in multiple countries by filing a single international patent application.  

However patent granting is under the control of the National or regional patent offices. Currently 152 members are the patent contracting states. Like the Common Application for colleges, PCT enables the inventor to file one international patent application that will be accepted by 152 countries throughout the world.

Procedure of filing a Patent Cooperation Treaty (PCT) application in India (BHARAT)

WHY FILE Patent Cooperation Treaty (PCT) application in India (BHARAT) ?

Patent Cooperation Treaty (PCT) is a simple, easy and cost-effective way to obtain patent protection. Patent Cooperation Treaty (PCT) patent filing in INDIA is better than Paris route patent filing. Via Patent Cooperation Treaty (PCT) patent filing route, the inventor can PROTECT multiple patent applications in multiple countries by buying time ( i.e. 28 – 31 months to file patents in one or more countries).

You can file PCT patent applications electronically online with any competent receiving offices which accepts such patent filings.

Patent cost and fees associated with patent filing and patent processing of an international patent application under PCT-

Three types of patent fees has to be paid by patent applicants when they file their international patent applications:

(a) an international patent filing fee of 1,330 Swiss francs,

(b) a patent search fee which can vary from approximately 150 to 2,000 Swiss francs depending on the ISA (International Searching Authority) selected, and

(c) a small transmittal fee which varies depending on the receiving Office.

Note: Some Countries are not members of PCT Patent Cooperation Treaty (PCT) patent application

Steps to file Patent Cooperation Treaty

PCT has been around since 1970 and indeed it covers 154 countries. But there are a lot of countries in the world and PCT does not work everywhere. Although it is possible to obtain patent protection in nearly every country in the world, the cost of doing so would likely be prohibitive. Inventors and potential patent holders typically seek protection in the countries with the most economic activity focusing on specific regions. For example, if an inventor is from India, he/she will seek protection in Asian countries first. For Bangladesh, Bhutan, Nepal, Pakistan, Afghanistan, Myanmar, Maldives patent protection through PCT is not available.

Paris Convention is available as an alternative to PCT for countries like Nepal, Pakistan, Bangladesh and Bhutan, in which you can directly file patent applications within 12 months in all the countries in which you would like to protect your invention having filed your patent application in a Paris Convention country. Paris Convention gives you the benefit in all those countries of claiming the filing date of the first application.

Paris Convention is available as an alternative to PCT for countries like Nepal, Pakistan, Bangladesh and Bhutan, in which you can directly file patent applications within 12 months in all the countries

For countries like Afghanistan, Myanmar and Maldives, no patent laws are in force and thus an inventor cannot get a patent in these countries.

What factors should be considered while selecting an International Search Authority (ISA)?

Overview of Patent Cooperation Treaty (PCT) systemOnce a Patent Cooperation Treaty (PCT) application is filed, an International Search Authority (ISA) performs a search of the prior art, and provides the results to the patent applicant in the form of an International Search Report (ISR) which is an important part of the PCT patent procedure.

Every Receiving Office allows patent applicants to choose one ISA and there are presently 15 ISAs. Most patent applicants worldwide prefer to choose is their local patent office, if it’s available as an ISA.

Patent applicant should always consider the advantages and disadvantages of all the ISAs before choosing one.

Cost – Cost is a critical parameter while choosing an International Search authority. When EPO is selected as ISA, for example, has a search fee of US$ 2,419 (as of early September 2013). The USPTO charges US$2,080. KIPO charges $1,167, whereas the Rospatent charges $217.

Quality- In an Intellectual Property (IP) trend survey it was found that European Patent Office has the best quality patent searches followed by Korean Patent Office and USPTO comes next on the quality scale. The quality of the patent report is important because the patent research report enables you to evaluate your chances of obtaining patents in PCT Contracting States and it will assist you in the further processing of your patent application.

Speed- Every International Search authority (ISA) takes its own time for carrying out prior art patent search and to prepare International Search Report (ISR). You might get lucky and get a really fast search, or you could be waiting a very long time indeed depending upon your choice of ISA 🙂

Happy Patenting 

 

Indian Patent Attorney, INTELLECTUAL PROPERTY STRATEGY, MARKET ENTRY strategy, PATENT STRATEGY, Startup India Strategist, strategic business advice, Uncategorized, venture capital financing

Patenting filing India by Best Patent Intellectual Property firm in India Global PCT * Patent Writing Services

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 searches and file PCT patent applications before the Indian Patent Office.

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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 be filed 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.

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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 Brand strategist & trademark patent attorney in Indiain India, copyright and industrial design filing in India.

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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. 

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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.

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