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.
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
About Bee Vectoring Technologies International Inc.
BVT has developed and owns patent-pending bee vectoring technology that is designed to harmlessly utilize bumblebees and honeybees as natural delivery mechanisms for a variety of powdered mixtures comprised of organic compounds that inhibit or control common crop diseases, while at the same time enhancing crop vigor and productivity. This unique and proprietary process enables a targeted delivery of crop controls using the simple process of bee pollination to replace traditional crop spraying, resulting in better yields, superior quality, and less impact on the environment without the use of water or disruptions to labour.
Bee Vectoring Technologies (the “Company” or “BVT”) (BEE) is feeling enthusiastic to announce that it has received notice of allowance of subject patent applications in two new and significant agricultural sector and gets approval of patent on October 2, 2017.
Chile Patent No. 53.259: Represents the first patent protected by the Company in South America.
Japan Patent No. 6066496: Represents the first patent protected in Japan, and increasing the strength of the Asian patent portfolio which already includes a previously approved patent in China.
BVT CEO, Ashish Malik said “These patent approvals are important milestones for the company as Chile and Japan are significant anchor countries for the agricultural sector of South America and Asia respectively. The crop protection market in Chile and Japan combined is estimated to be US$2.7 billion. In particular, fruit and vegetable crops makes a wide portion of both the Chilean and Japanese markets, and both are amongst the largest markets in the world. Securing patents in North America, South America, Europe, Asia and Australia allows us to pursue the global market opportunity that exists for crop protection with confidence and helps ensure our approach of being first to market with our proprietary solutions.” Malik added “With these patents secured, BVT safeguards our competitive advantage and allows us to further our business development discussions with potential partners who are showing interest in working with us to introduce our system to growers worldwide. Many partners have a strong preference in working only with proprietary and patent-protected technologies. As we move through the commercialization process, these partners will be critical to our success in these markets and provide scalability quickly and efficiently.”
The patent applicant Bee Vectoring Tech Inc filed a patent titled “APPARATUS FOR TREATMENT OF PLANTS” bearing patent publication number PL2693871 on 2011-04-07. The inventor of the present innovation under agricultural sector are Collision Michael and Howard D Hearn. The patent invention relates to treatment of growing trees or plants, for e.g. for preventing decay of wood, for tingeing flowers or wood, and for prolonging the life of plants. The innovation relates to a tray for positioning in an exit path of a bee hive comprises a base, a bee entrance end, and a bee exit end. Spaced apart side walls extend upwardly from the base. The sidewalls extend generally lengthwise between the bee entrance end and bee exit end. A plurality of posts extend upwardly from the base and are positioned between the bee entrance end and the bee exit end. The posts are generally circular in cross-section. The posts act as obstacles around which the bees must walk to reach the bee exit end from the bee entrance end.
The patent innovation would be classified as beehives, for e.g. ventilating devices, entrances to hives, guards, partitions, and bee escapes. However, the present innovation can also be classified as appliances for treating beehives or parts thereof, for e.g. for cleaning or disinfecting.
The patent applicant Bee Vectoring Tech Inc filed a patent titled “Isolated strain of clonostachys rosea for use as a biological control agent” bearing publication number PE09492016 on 2013-09-11.The inventor of the present innovation under agricultural sector are Sutton John and Mason Todd Gordon. The patent invention relates to Symbiotic or parasitic combinations including one or more new plants e.g. mycorrhiza . The innovation Described is an isolated strain of the fungus Colonostachys rosea termed BVT Cr-7 useful as a biological control agent for the treatment of plants. The isolated strain, formulations comprising said strain and/or spores derived from said strain may be applied to plants or plant materials in order to improve plant yield, to improve plant growth, or for the treatment or prevention of diseases or pathogens in the plant. The innovation relates to a Biocides, pest repellants or attractants, or plant growth regulators, characterised by their forms, or by their non-active ingredients or by their methods of application, e.g. seed treatment or sequential application; (apparatus for the destruction of noxious animals or noxious plants fungicidal, bactericidal, insecticidal, disinfecting or antiseptic paper Substances for reducing the noxious effect of the active ingredients to organisms other than pests.
The innovation makes use of substance containing ingredients stabilising the active ingredients.
The patent applicant Bee Vectoring Tech Inc filed a patent titled “Containing ingredients stabilising the active ingredients” bearing publication number US2016213006 on 2012-03-12.The inventor of the present innovation under agricultural sector are MASON Todd Gordon and Sutton John Clifford.The Patent invention relates to a isolated strain, formulations comprising said strain and/or spores derived from said strain may be applied to plants or plant materials in order to improve plant yield, to improve plant growth, or for the treatment or prevention of diseases or pathogens in the plant.” The innovation described a powder plant treatment formulation for application to plants by insect vectoring includes: a plant treatment agent; a stabilizing agent bonded to the plant treatment agent for stabilizing the plant treatment agent; a moisture absorption agent for absorbing moisture from the formulation; an attracting agent for attracting the formulation to plants; and a diluent.The patent invention relates to Biocides, pest repellants or attractants, or plant growth regulators, characterised by their forms, or by their non-active ingredients or by their methods of application, e.g. seed treatment or sequential application; (apparatus for the destruction of noxious animals or noxious plants,fungicidal, bactericidal, insecticidal, disinfecting or antiseptic paper,Substances for reducing the noxious effect of the active ingredients to organisms other than pests.The Invention makes use of a substance that contain ingredients stabilising the active ingredients.
The patent applicant Bee Vectoring Tech Inc filed a patent titled “APPARATUS FOR TREATMENT OF PLANTS” bearing patent number US9526233 on 2016-12-27. The inventor of the present innovation under agricultural sector are Collinson Michel Howard D Hearn and Kevan Peter G. The patent innovation relates a bee vectoring apparatus includes a tray for positioning in the exit path of a beehive. The tray includes a bottom, a bee entrance end, and a bee exit end. The apparatus includes a tray lid positioned above the bottom, with first and second barrier walls extruding downwardly from the lid. A ceiling extends between bottom ends of the first and second barrier walls. The patent invention would contain some other details of beehives, e.g. ventilating devices, entrances to hives, guards, partitions, bee escapese e.t.c.
BVT has also filed a patent application with the US patent office for novel system that allows the delivery of plant protection products to crops using commercial honeybees.
The Company is pursuing an aggressive Intellectual Property (IP) strategy that covers five different patent families and 60 patent applications worldwide. The IP strategy supports the Company’s documented growth strategy to selectively expand its market opportunities while it drives towards commercialization of its proprietary system in the US.
BVT’s technology described in these patents includes a specialist apparatus for the treatment of plants with inoculants and control agents to manage diverse diseases and pests and enhance the yield and quality of crops. The inoculants and control agents are housed in proprietary removable trays within a dispenser system that is incorporated in the lid of commercial bumble bee hives.
The bumblebees pick up the inoculant on their way out of the hive and deliver the treatment to the plant in a very targeted and sustainable way.
Our delivery platform provides a groundbreaking management system that delivers highly targeted and effective pest and disease control and improves the quality of your crop.We combine our active ingredients and easy to use tray system with the natural pollination process of commercially reared bees. This provides the foundation for a season-long pest and disease management program with a biological control that is safe for bees, people and the environment. Ashish Malik, President & CEO Neither TSX Venture Exchange nor its Regulation Services Provider (as that term is defined in the policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this release.
This press release contains certain “forward-looking statements” that involve known and unknown risks and uncertainties. All statements in this press release, other than statements of historical fact, that address events or developments that BVT expects to occur, are forward-looking statements. Forward-looking statements in this press release include, but are not limited to, statements with respect to BVT’S future plans and technologies, including the timing of such plans and technologies. Forward-looking statements are statements that are not historical facts and are generally, but not always, identified by the words “expects”, “plans”, “anticipates”, “believes”, “intends”, “estimates”, “projects”, “potential”, “indicate” and similar expressions, or that events or conditions “will”, “would”, “may”, “could” or “should” occur. Although BVT believes that the expectations expressed in such forward-looking statements are based on reasonable assumptions, such statements are not guarantees of future performance and actual results may differ materially from those in forward-looking statements. Factors that could cause the actual results to differ materially from those in forward-looking statements include continued availability of capital, financing and required resources (such as human resources, equipment and/or other capital resources), and general economic, market or business conditions. Investors are cautioned that any such statements are not guarantees of future performance and actual results or developments may differ materially from those projected in the forward-looking statements.
Since the inception of human civilization, there is a need to design and manufacture everything from small individual parts and devices to big systems. Man, in the course of his progress and civilization has learnt to develop various tools, machines, equipments and appliances and it is hard to imagine this world without any mechanical appliancetoday. In fact we need them at every step and stage for any physical activity for leisure or work in the house, office or outdoor. Having said that mechanical engineering sector has evolved by leap and bounds over the years.
Affordable Innovation at cost effective rate for the benefit of the mankind is the need of the hour
Mechanical engineering is one of the diverse field of engineering that focuses on the design, analysis, materials and manufacture of systems and deals with producing myriads of products of our daily needs. The enormity of the products range from household products like washing machine, vacuum cleaner, sewing machine, etc to whole range of heavy engineering items and industrial machinery like cranes, construction and mining equipment.
Mechanical Engineering is at the core of creativity and enterprise of human. Invention of a new mechanical device require a great deal of work and drive to attain success. When a new mechanical device is invented, its inventor must seek a patent in order to avail exclusive rights to the device.
A patent is a type of intellectual property right that is granted to the original inventor/creator of an invention by the Patent Office or the Intellectual Property Office of the respective country. A patent grants the patent holder exclusive rights or monopoly over the invention, meaning that it is forbidden for another person or party to manufacture, distribute, sell, or import the invention without authorization.
Apart from providing monopoly to the patentee, the patent literature is essential and rich source of technical information available worldwide. Anyone can refer to the patent databases to understand what is going on in a particular area of science and technology.
The growth of the world economy and the progressing globalization lead to a rapidly expanding access to information and new markets for inventors, resulting in greater international competition and new forms of organization. As a result of technological advances and the increased flow of information, knowledge is increasingly viewed as the driving force of economic growth and innovation (OECD/Eurostat 2005).
Many Multi-National engineering companies which grew with mechanical inventions are now well known globally because of their inventory of thousands of patents to support their businesses.
Directory of American Tools and Machinery Patents (DATAMP) is a database comprising patents of old machines and tools. DATAMP is non-profit volunteer endeavor supported by users having an inventory of thousands plus (and growing further) patents collected largely from the databases of USPTO and augmented with several other patents from other databases, i.e., from Canada, Switzerland, Germany and UK.
It is intended at creating a clearinghouse for information on antique tool and wood working machine patents allowing collectors of these tools to easily find information about the history of tools and trades.There is constant increase in the number of mechanical patents filed in India in the last few years.
India as a developing and upcoming nation should really look into this trend of patent filing for growth of India’s economy.In order to get a patent, the inventor has to reduce the invention to practice and must provide all the necessary information to enable an individual skilled in the field of mechanical engineering to create and use the invention.How do you get a patent on an idea? Can you get a patent on a business model?
Patent Filing in Mechanical Engineering Sector Services:
We at Tech Corp International Strategist (TCIS, India) can help you file a patent for your tool, machine, equipment or appliance. In the patent system you explain how to make and use your invention, in exchange for being able to prevent others from making or selling similar devices for a limited period of time.
But how should you disclose your invention to the public in your patent filing that it gives you an extra edge towards your competitors?? We 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. Based on that comparison, we identify features that have not yet been claimed by other inventors, and determine which of those are most likely to be patentable.
If a man is keeping an idea to himself, and that idea is taken by stealth or trickery-I say it is stealing. But once a man has revealed his idea to others, it is no longer his alone. It belongs to the world.” ― Linda Sue Park
Patents allow companies with innovative products to benefit from their research and development by giving them exclusive right to make and sell these products, usually for a period of 20 years.
A delay in granting patents prevent companies from commercializing their products whereas a quick grant of patent allows the companies to fully enjoy their patent rights by providing an opportunity to capitalize.
“We are born rich, it is for us to decide between materialistic poorness or building upon intellectual richness.” ― Vishwas Chavan
Technology is moving at a very fast pace. By the time a technology is developed and commercialized it’s more efficient alternative is in the pipeline. So in today’s age where patent rights play a vital role in encouraging innovations across the globe, a timely grant of patent is imperative.
One of the problem in Indian Patent System is that patent grant process in India takes a long time and there is a huge backlog of pending patent applications in Indian Patent Office. A patent application takes on average 6 years to get approved in India.
A faster prosecution of patents requires an efficient working of the Indian Patent Office and active compliance from the applicants. Also an important factor behind the delay is shortage of patent examiners. With increased examiners and controllers it is expected that the time for patent grant will come down.
“The patent system added the fuel of interest to the fire of genius” -Abraham Lincoln
Moreover, Indian Patent Office has launched many new initiatives directed at faster examination of patent applications one such initiative is expedited examination routine which application is taken out of the normal queue and examined. Patents are granted within a time frame of 12-15 months and office action is issued within 3-4 months of submitting the request for expedited examination.
“Intellectual property is a key aspect of economic development” – Craig Venter
The following category of applicants can use this expedited examination route according to Patent rules amended in 2016-
(i) A Startup Company which according to the said rule is a an entity involved in research and development, is not more than 5 years old and does not have an annual turnover of 25 crores of Indian currency.
(ii) A patent applicant which has selected India as the International Searching Authority in the PCT application corresponding to the Indian Applicant.
If an applicant satisfies the above criteria but has already filed the Request for Examination(RFE), can convert the already filed RFE to an expedited one by paying balance fee.
Patent Office adds the flame of interest to the light of creativity. And that is why we need to improve the effectiveness of our Patent Office”. – Abrahm Lincoln
“Sarahah” has been Viral. The app has been a trend in few days. You would have surely come across this app named Sarahah.com in some way or the other unless you are living in a nutshell!!!
“Take up one idea. Make that one idea your life — think of it, dream of it, live on that idea. Let the brain, muscles, nerves, every part of your body be full of that idea, and just leave every other idea alone. This is the way to success.” – Swami Vivekananda
Sarahah was created to take positive feedback anonymously. The sharing of ‘feedbacks’ on social media & the user engagement clearly shows the Virality of this app. In a way it brought out multiple sides of human sentiments.
From “constructive feedback” to “being a victim of cyber bullying” you would have seen it all in past couple of hours.“It’s not about ideas. It’s about making ideas happen.” Sarahah has been able to engage users universally, but there are certain take home lessons for startups that they should take care of while building a product or service. Building a startup is a very tough and long term process. You have to think for long term Sustainability and Scalability.
“Entrepreneurship is neither a science nor an art. It is a practice.” – Peter Drucker.
What we can learn from success of Sarahah.com “Do’s”
1) WOW Marketing (Word-OF-Mouth)The purpose of a business is to create a customer who creates “customers”.”WOW Marketing” is when a consumer’s interest for a company’s product or service is reflected in their daily dialogues. Best of the companies in the world have used this strategy and this is the best marketing strategy a product can get. So you need to create “a product so good“ that after using it, people would share it in their social circles.
If you see it in the case of Sarahah- The trend was set by some early users who wanted to take feedback about themselves by sharing good or interesting feedbacks on Facebook. This encouraged other users to try this app!!!
2. User-friendliness of the product/service
One thing that should always be considered is the userfriendliness of the product. The product should be so simple and instinctive that it can be used with an equal proficiency by a child or an adult wheather or not the individual is a “Tech-Savvy”
It’s easy to make things look hard but hard to make things look easy.
Most of the startups want to build a product with multiple features to enable more users to use it. But a product loaded with multiple features would confuse the user.
Sarahah is extremely simple to use. A feedback seeker has to simply create an account and share the URL – that’s it. A feedback giver has to merely write the feedback in plain simple text.
3. Emotions make us human
“The greatest fear in the world is of the opinions of others. And the moment you are unafraid of the crowd you are no longer a sheep, you become a lion. A great roar arises in your heart, the roar of freedom.” ― Osho
Sarahah became viral because people want to take & hear positive feedback / positive things / good things about themselves as it would make them feel“valuable”.A user should be able to connect with the product/service at an emotional level. In that case he/she will surely use it – atleast for once.
What NOT TO DO while building a Startup.
1). Build Real Value for the Customer
While building a startup take care that you are solving a real problem and delivering real value to the customer.
“Don’t find customers for your products, find products for your customers”
In order to build repeatitive engagement, target a group and solve some real problem that your target group is facing. Websites like Sarahah are build to capitalize Human Emotions. They will be able to attract a lot of people to use them but for a small period of time. But as an entrepreneur, you should think whether you want mere Users or Customer?
“Be genuine. Be remarkable. Be worth connecting with”.
2. Trends Come & Go, Startups Stay
When you are building a company think about the “long term goals”. User Retention, Active Users and Repeat Rate are very important factors for a startup. Make sure that your product/service is able to engage users for a longer period of time and there is a repeat rate, else your product might go viral, but will be useless in the long term. Just like Sarahah, 100s of things go ‘viral’ and become popular very quickly, but then they sputter out with the same speed.
“Strive not to be a success but rather to be of value”- Albert Einstein
3. Money is the Oxygen for your company
A business is nothing without its clients. Whether you provide product or services, you won’t survive unless individuals or other businesses retain their interest and are willing to pay to use the product / service continuously.
Monetization happens when you are able to deliver real value to the customers because the customers will never hesitate in paying for the value he/she is receiving.
“Making money isn’t hard in itself …. What’s hard is to earn it doing something worth devoting one’s life to”- Carlos Ruiz
In the haste of building a company, early stage entrepreneurs do one common mistake! They do not think about building a rock solid revenue model. Even though apps like Sarahah go viral but they don’t have a monetization model built in them which is ok for a short period of time but it’s deadly in long term.
“The Entrepreneur always searches for change, responds to it and exploits it as an opportunity”- Peter Drucker
The effort required to launch a new venture can seem daunting. Do your research, pick everyone’s brain, find a mentor that’s experienced in entrepreneurship, review business case studies and focus on delivering real value to the customers.
At Tech Corp International Strategist (TCIS), we help Startups to Raise Funds & Assist Foreign Companies to find Right Business Partner in India. We assist enterprises to enter INDIA and find RIGHT Angels, and Venture Capitals in Malaysia, Singapore, US, UK, Japan and India. We believe that for protecting your innovation in India, your startup idea and our intellect is the perfect combination.
Every business has a #strategy. We at TCIS 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.
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.
Pharmaceutical based Inventions Filed before the Indian Patent Office
The patent examination guidelines for pharmaceutical based inventions cover the following points:
1. Patent Claims Of Pharmaceutical Inventions which includes Markush claims
2. Comprehensive patent search strategy for conducting prior art search by the Patent Examiner
3. Definition of “invention” under section 2(1)(j) of the Indian Patent Act
4. Assessment of Novelty aspect of the invention
5. Assessment of Inventive Step
6. Industrial applicability of the technology
7. Subject matter of Inventions which are not patentable
8. Sufficiency of description, clarity and support of the patent claims in the specification
9. Unity of invention
Patent Search Strategy for Pharmaceutical Inventions:
Comprehensive patent search strategy will be followed by the Indian Patent examiners. The patent search strings will include a combination of various search parameters.
The search parameters will be a combination of keywords, International Patent Classification (IPC), and compound searches. Thorough prior art search is expected to be carried out in patent as well as non-patent databases.
Pharmaceutical Compounds can be searched and identified from the various databases:
a) Molecular formula and structural formula searching;
b) Name searching using IUPAC nomenclature;
c) Compound searching using CAS Registry Numbers;
d) Generic name searching (INN); and
e) Search using International Patent Classification (IPC)
Many a times pharmaceutical compounds which are derivatives of known compounds having established pharmaceutical activities are claimed in the patent specification in the form of generic names (International Non-Proprietary Names, INN). In such cases, the patent examiner will search the prior art with INNs prior art search string. Moreover, in numerous pharmaceutical based inventions the patent applicant claims the second use or an indication in the form of a product claim of an already known pharmaceutical compound or a new form of a known pharmaceutical compound.
Even though, the patent examiner can seek information about the INN of the said pharmaceutical substance claimed in the patent application from the patent applicant there are chances that the conclusions drawn from the information provided may mislead the patent examiner. In my view, the Indian patent examiner can find out more information about the International Non-Proprietary Names by analysing data from the Electronic Orange Book.
Prior Art Search Strategy for Conducting Drug Patent Search in India
Search on Electronic Orange Book: Approved Drug Products with Therapeutic Equivalence Evaluations
Search String based on
Therefore, prior art patentability search for patents covering (International Non proprietary Names – INN) as listed in the USFDA Electronic Orange Book should be taken into consideration. However, the Orange Book only provides US patent data. The patentability search can be extended and this information can be further used to conduct patent family searches on EPO website. Further, patentability search can be performed by analysing forward citation and backward citation of the identified patent specifications.
Biological Material and Micro-organism Deposit Details to be Disclosed in the Indian Patent Application
If the invention relates to a biological material which is not possible to be described in a sufficient manner and which is not available to the public, the application shall be completed by depositing the material to an International Depository Authority (IDA) under the Budapest Treaty. The deposit of the material shall be made not later than the date of filing of the application in India and a reference of the deposit shall be given in the specification within three months from the date of filing of the patent application in India. All the available characteristics of the material required for it to be correctly identified or indicated are to be included in the specification including the name, address of the depository institute and the date and number of the deposit.
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