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.
Sustainable innovations and their impact on economic growth of the country
Technology and innovation policy is linked to the three verticals of sustainable development namely economic growth, social integrity and environmental conservation.
Sustainability requires innovations with a reduced impact on the environment. In the face of current situation, world’s three biggest challenges are: water supply, energy supply, and global warming.
But even the most advanced brands haven’t begun to approach solutions to the issue. Most companies are spending their resources working on reuse and minimizing the resources that go into producing goods. But that can only take us part of the way to sustainability.
The major issue is that most companies are coming up with more and more products for the consumers without mechanisms for re-usage. The problem is getting worse with ever-shortening product life cycles.
Why is it that even the remarkably innovative, entrepreneurial, and intensely competitive companies can’t find ways to deal with these global challenges?
Finding sustainable solutions isn’t about discovering new, indelibly disruptive ideas because the more green solutions we have, the less effective and efficient processes become.
There are three major changes brands must put into place to find a solution to this problem.
Standardize– There will be no sustainable business without standardization. Companies in all industries need to agree to certain manner of production that allow for recycling. To win the battle of sustainability, companies will have to give up individuality for standards. For example. In many countries, glass bottles used in beer and wine industries are reused over and over again. This is possible only because the big brands have agreed to stick to a certain size and type of bottle.
Design products well- The time it takes to get most products to market has been significantly reduced over the last decades. But to become sustainable, companies need to take their time and extend their product’s life cycle. Well-designed products simply last longer.
Redefine Consumption- Last but most important, companies must rethink the very idea of what they want consumers to consume and how they create value. The way towards sustainability is to add extra value to the everything from interior design, product innovation, marketing, and services already existing. The companies should learn that they can minimize the consumption of goods but increase total consumption at the same time.
All this poses a significant challenge to the current mindset of the managers of most companies. They have to learn that the next innovation frontier is about breaking away from resource dependence, decoupling growth and consumption, and prolonging product life cycles .
Three Types Of Innovation. Here’s How To Manage Them
“Dreamers are mocked as impractical. The truth is they are the most practical, as their innovations lead to progress and a better way of life for all of us.” ― Robin S. Sharma
With a view of generating revenue immediately from new products, a firm should customize the process of product development for different kinds of innovations. For a company the biggest challenges aren’t in coming up with big ideas but in the organizational and management issues that these new ideas bring along.
No matter what a company is dealing in, companies strive to create innovative products and services adequately and accurately.
“Chance favors the connected mind.” ― Steven Johnson
For an individual to to bring new ideas to market, create more realistic testing and growth expectations and better manage their innovation pipelines, it is important to identify the types of innovations, needs and the correct approach to nurture and grow the type of innovation.
THE THREE TYPES OF INNOVATIONS
To prolong their stay in the market, companies need to come up with sustaining products and services. Sustaining innovations in products or services help any organization raise the bar enough to stay in the game. These innovations can sometimes be thought of as modification of an already existing product.
To significantly up the level of game within an existing category a company should come up with remarkable offerings. The product should be such that seeing it, customers couldn’t help but want it–over time making it the best-selling product.
“Progress is made by lazy men looking for easier ways to do things.” ― Robert A. Heinlein
When we think about an innovation, many of us have some sort of ideas in our mind. Such breakthrough ideas are called disruptive innovations because they disrupt the current market behavior, rendering existing solutions old-school, transforming values, and bringing previously marginal customers and companies into the center of attention.
The Social media could be considered a disruptive innovation within sports. More specifically, the social media has radically changed the way that news in sports circulates nowadays. Social media has created a new market for sports that was not around before in the sense that players and fans have instant access to information related to sports.
“In a world of change, the learners shall inherit the earth, while the learned shall find themselves perfectly suited for a world that no longer exists.” ― Eric Hoffer
To help explain the difference between these three types of innovations, let’s look at the coffee industry. Maxwell House came up with a dark roast version of coffee, it introduced a sustaining innovation. A new flavour was only a variation on their existing products.
A breakout innovation was General Foods’ line of International Coffees, which added connoisseur of fine flavors to the instant coffee category and elevated the at-home coffee experience. And Starbucks has obviously been a disruptive innovation, turning coffee into a destination experience worth paying a lot more for.
“Innovation is the specific instrument of entrepreneurship…the act that endows resources with a new capacity to create wealth.” ― Peter F. Drucker
In a given category, disruptive innovations come first and are then followed by a series of progressive innovations, with sporadic breakout hits interspersed. Eventually, the market is disrupted once again, starting the cycle anew.
Although disruptive innovations have the potential to yield the greatest benefit to a company, it is not necessary that it will lead to immediate market success. Because disruptive offerings differ significantly from the existing products, they often require time to gain market acceptance.
“You have to take your own bold approach, and if you do you will be rewarded with success. Or calamitous failure. That can happen too.” ― Steven Moffat
Analysis of revenue and consumer buying patterns:
Sustaining: Immediately moderate, then tapering off.
Breakout: Rapidly strong, then quickly dropping to a lower level.
Disruptive: Longer gestation period leading to exponential growth.
For disruptive undertakings, success typically requires different development processes,
different approval and funding mechanisms, and different performance expectations. At
times, work on a disruptive innovation gets stalled in a system that is optimized for the creation of sustaining offerings. For the success of a project a company should tailormade their approach depending on the goals.
“Innovation is an evolutionary process, so it’s not necessary to be radical all the time.” ― Marc Jacobs
To support the ultimate goal of generating immediate revenue, companies should classify each of its new product concepts within the framework of sustaining, breakout, or disruptive. This allows a company to manage risk and reward at a portfolio level.
Categorizing innovations using this framework is an effective way to ensure that target outcomes are in line with the expectations. Companies are able to focus their innovation efforts by clearly stating that they are prioritizing the development of breakout products and consciously minimizing the exploration of disruptive opportunities.
“Do not get obsolete like an old technology, keep innovating yourself.” ― Sukant Ratnakara
Food Processing Sector-“priority sector” in India’s Make in India Programme
India is one of the quickest growing economies in the world. India has climbed 30 ranks in the World Bank’s ease of doing Business rankings 2017 and was ranked number 1 in the world in 2016 in greenfield investment. The government of India is undertaking a range of transformational initiatives as a result of which India is also rapidly progressing on the Global Innovation Index, Global Logistics Index and Global Competitiveness Index. World Food India (WFI) was a gateway to the Indian food economy and an opportunity to showcase, connect, and collaborate.
“World Food India 2017”
A global event to facilitate partnerships between Indian and international businesses and investors held in India from 3rd Nov 2017 to 5th Nov 2017. World Food India 2017 was organized by the Ministry of Food Processing Industries, Government of India and was inaugurated by Honourable Prime Minister Narendra Modi at Vigyan Bhavan in New Delhi on 3rd Nov 2017. World Food India 2017 hosted the largest gathering of investors, manufacturers, producers, food processors, policy makers, and organizations from the global food ecosystem to provides opportunities for both investment and trade in the food processing sector for leading Indian and International companies.
Food Processing Sector is the”priority sector” in India’s Make in India Programme. India is now the most preferred investment destination in the Food processing Sector because 100% Foreign Direct Investment (FDI) is now permitted, for trading, including via e-commerce, of food products manufactured in India. As an incentive from the Union and state governments, it has become very easy to obtain loans for food and agro-based processing units, and cold chains at low Interest Rates.
Nivesh Bandhu or investor’s friend is a one of its kind portal launched by Government of India to bring together information on Central and State Government policies and incentives provided for the food processing sector. It is also a platform for business networking, for farmers, processors, traders, and logistics operators.
“If people are willing to bet on a lot of crazy notions, knowing that while some won’t work out, one breakthrough can change the world”. – Bill Gates
What is a Startup?
As defined by Department of Industrial Policy & Promotion(DIPP): Startup means an entity, incorporated or registered in India :
Not prior to seven years, however for Biotechnology Startups not prior to ten years,
With annual turnover not exceeding INR 25 crore in any preceding financial year, and
Working towards innovation, development or improvement of products or processes or services, or if it is a scalable business model with a high potential of employment generation or wealth creation.
“Build something you believe in — because that’s the first step to building a great brand.”
At the initial stages of setting up any organization, every entrepreneur is faced with a large number of challenges. All these challenges are hefty reminders that owning and Running a successful business is definitely not easy. It’s worth it though!
“Don’t aim for 10% improvement. Make it radically better and different.”
Before diving into the deep sea, founders should know that every legal decision they take has a potential to impact the company’s partners, investors, employees and customers. Therefore, it is essential that the founders develop an understanding of basic legal principles and practices associated with building a business.
Tax Laws and the Basics of Accounting
Every organization in the world, be it involved in any kind of business as to pay taxes to the Central, State and/or local/provincial government(s), as the case may be. It is essential for every new entrepreneur to be aware about accounting details and tricky lanes of the taxation world. An aspiring entrepreneur should have sector and area-specific knowledge of taxation because the taxes applicable to different sectors, geographical regions and/or products vary greatly and it is obligatory to be acquainted with any recent changes that have taken place.
Structuring the business-Choosing the type of venture
The most important thing before pulling up a startup is selecting a legal form of conducting business. It is indispensable to determine whether you want to have a private limited company, public limited company, partnership firm, or a limited liability partnership, depending on your long-term goals and vision.
Each form of business will be governed by separate principles and laws. Not complying with the relevant laws means hefty sums will have to be paid to the Government. Thus, heavy loss before you can even start making profit.
Labour and Employment Laws
When you start an organization, you will eventually have to hire new people.
Even if you plan to have independent consultants and contractors working with you or outsource, all these employee-employer relationships will be governed by labour legislations. Breaching these will not only harm you financially but would also harm your goodwill, even before it’s built!
Securities laws regulated by the Securities and Exchange Board of India (SEBI), will assist in managing the various stages of life cycle of business including fund-raising. Foreign direct investment, angel investors, crowd funding, venture capitals and even joint ventures are areas that a new entrepreneur must be aware about. It will help increase the profitability of the organization.
Information Technology (IT) laws
Today in this highly-digitalized, and technologically advanced era you inadvertently need the knowledge of Information Technology (IT) laws before starting a new business in order to protect your confidential data from any infringers or hackers.
Despite being a small organization, a sound knowledge about corporate governance and management will help an aspiring entrepreneur in effectively managing the organization and formulate further expansion plans.
A business survives on contracts. No organization would come into existence without the use of contracts. Therefore, basic knowledge regarding fundamental principles of contracts, arbitration, mediation, conciliation certainly helps!
Intellectual property laws
Legally protecting intellectual property is of supreme importance to any business. Hence, filing the right patent/trademark/copyright claims, and timely IP audits of your organization, would increase the profitability of your venture manifold.
Thus, in order for an entrepreneur to sail his ship of business smoothly, a decent knowledge about some of the important legal laws mentioned above is of utmost important.
“ Find the perfect business idea and start building your business today. Build the enterprise and the brand as if you’ll own them forever.”\
We at Tech Corp International Strategist(TCIS, India) have an expert team of Indian lawyers who assist Startups with patent, business brand, trademark and logo registration in India.
List of legal services offered by Tech Corp International Strategist (TCIS, India) to Startups in India-
Incorporation of different types of Companies,
Formation (procedure) of Companies,
Financing the Companies,
Filing of various forms and Returns with the Authorities,
Promotion of a Company,
Contracts and Conversions,
Transfer and Transmission of Securities,
Intercorporate Loans and Investments,
Economic and Commercial Laws,
Investments in India,
Transfer of Property,
Contracts and Agreements,
Registration of Documents,
Cost and Management Accounting,
Activity Based Costing,
Various heads under which total income is calculated,
Deductions from income Calculation of Tax of HUF/Companies etc,