Blog

Different types of Patent Applications

Written by adminAugust 29, 2018

Provisional Application

A Provisional Patent Application is designed to provide a lower-cost first patent filing for a utility patent. It consists of details of the invention along with relevant drawings that describe how to make and use your invention. A provisional patent application allows filing without any formal patent claims or declaration, or any information disclosure (prior art) statement. It provides an applicant with “patent pending” for a period of one-year.  At the end of this one-year period, the provisional application is automatically abandoned with no extensions available. A provisional patent application will not, by itself, get you a patent since no examination of the patentability of the application in view of the prior art is performed.

A non provisional application can gain priority from the provisional application’s filing date if filed during this one-year period.

Non-provisional (Regular or Standard) Patent Application
A Non-Provisional Patent Application enables protection of inventions. It establishes the filing date of patent application and begins the examination process. The patent application will be examined by appropriate patent office. A Non-provisional Patent application must essentially consist of:

  • A written document which comprises a specification (description and claims), and an oath or declaration;
  • A drawing in those cases in which a drawing is necessary; and
  • Declaration and Power of Attorney
  • Filing fee

A non provisional patent may or may not result in the grant of a patent depending upon the outcome of an examination by the patent office it is filed in.

Continuation Patent Application
A Continuation Patent Application is a patent application that adds claims to an already-filed patent application, known commonly as the parent application. The continuation uses the same specification as the parent application, claims the priority date of the parent application, and at least one of the inventors should be common as in the parent application. In order for a continuation application to be filled, the following conditions should be met:

  • be filed while the parent application is pending
  • have at least one inventor in common with the parent application, and
  • have claims that are fully supported by the parent application’s disclosure

Continuation applications are also used when an applicant later discovers that a potentially patentable invention that was disclosed in the original application has not been claimed yet.

In this case, a later filed continuation application is filed to protect this invention. No new subject matter can be added in the continuation application .The claims in the continuation application should be within the scope of earlier specifications.

Term of both the patents expire at the same time.

Continuation-In-Part (CIP) Application
A continuation-in-part application (or CIP or CIP application), is an application to which the applicant has provided substantially the same specification as the parent application, but has disclosed additional subject matter that was not included in the parent application.

For a continuation-in-part application, claims to subject matter that was also disclosed in the parent application are entitled to the parent’s priority date, while claims to the additional subject matter are only entitled to the filing date of the CIP application. CIP applications are generally used to claim enhancements that were developed after the patent application was filed.

The term of the CIP patent is less than 20 years as it starts from the filing date of the earliest parent application and will end on its expiry date.

Divisional patent Applications
A divisional application is an application from an earlier patent application that had two or more inventions in it. The Patent Office issues a Restriction Requirement to those applications that have two inventions disclosed in it and that requires the applicant to choose one of the disclosed inventions for prosecution and to withdraw the claims directed to the other invention. The applicant may then file a divisional application at any time during which the parent application is pending wherein the claims that were removed from the original application are resubmitted.

The divisional applications must claim only subject matter that is disclosed in the parent application have the same specification as the parent applications, claim the priority date of the parent, but have a different set of claims.

Term of both the patents expire at the same time.

Patent Cooperation Treaty (PCT) Application
PCT a multilateral treaty also called as an “international patent application” provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. This application can be filed in any language and allows an applicant to file a patent application in any of the PCT member countries with in 30-31 months from the priority date for the application. Although the PCT system does not provide for the grant of an international patent, the system:

  • simplifies the process of filing patent applications
  • delays the expenses associated with applying for patent protection in other countries
  • and allows the inventor more time to assess the commercial viability of his/her invention.

The patent office or any other office designated by each Contracting State becomes a ‘receiving office’ for receiving patent applications. These applications are then transmitted to WIPO for administrative actions. At WIPO the patent application is referred to International Searching Authorities (ISA). A search or international search is then performed by an authorized International Searching Authority (ISA) to find the most relevant prior art documents regarding the claimed subject matter. The search results in an International Search Report (ISR), together with a written opinion regarding patentability.

The ISR is normally provided by the ISA to the applicant 9 months after filing of the application in the event of a first filing and 16 months after the priority date in the event of a subsequent filing (i.e., claiming the priority of a first filing).

In order to obtain protection in each individual country the inventor chooses, it is necessary for the PCT to be converted (filed) in the national patent offices of the selected countries where the invention will be subject to an examination in order to meet the national requirements for novelty, obviousness etc.

Read More
Blog, Compulsory Patent License, India, Intellectual Property, IP Licensing

Compulsory Patent License Regime in India

Written by adminAugust 29, 2018

Preface
According to “The Paris convention of 1883” each contracting state had to take legislative measures providing for the grant of compulsory licenses to prevent the abuses which might result from the exercise of the exclusive rights conferred by the patent. Further, the compulsory licensing of pharmaceutical products was addressed by the Doha Declaration which allowed members to issue compulsory license to export generic versions of patented medicines to countries with insufficient or no manufacturing capacity in the pharmaceutical sector.

Many developed countries had effectively applied the concept of compulsory licensing and after Doha Declaration which addressed the concerns related to public health various developing and less-developing countries have also adopted it.

Indian Framework
The existing legal framework for the issue of compulsory license in India is comprehensive and meets all the obligations provided under Article 31 of TRIPS. According to the compulsory licensing system, the controller is empowered to allow third parties to manufacture and market a patented product or process with or without the patentee’s consent.

The Indian regime incorporates provisions for the grant of compulsory licenses to any person interested on request in case of;
a. Non-working of patent,
b. Reasonable requirement of the public are not met and,
c. Non availability to the public at a reasonably affordable price

In deciding on application for compulsory licences several factors are considered by the controller including the nature of the invention, the time which has elapsed since the sealing of the patent, the measures taken by the patentee to make full use of the invention, the ability of the applicant to work the invention to the public advantage, and the applicant’s capacity to take capital risk.

Compulsory license may also be granted to third party for manufacture and export of patented pharmaceutical products in certain exceptional circumstances wherein any country has insufficient or no manufacturing capacity for the concerned product, provided compulsory license has been granted by such country or such country has, by notification, allowed importation of the patented pharmaceutical products. Further, in order to prevent re-imports of products so exported are identified by special color, packaging etc.
Additionally, if the government is satisfied, then without the consent of the patentee the controller may in case of national emergency, extreme urgency or public non-commercial use including public health crises or other epidemics may grant a compulsory license to third party to work the invention.

While settling the terms and conditions for granting a compulsory license the controller endeavor to secure that the royalty and other remuneration reserved to the patentee is reasonable and the patented invention is worked to the fullest extent by the licensee. Moreover, the license granted is a non-exclusive license and non-assignable for the balance term of the patent unless a shorter term is consistent with public interest.

Conclusion
Compulsory licensing provisions are foreseen as sustaining a balance between the needs of technology consumers and innovators. In a developing country such as India, compulsory licensing is probably the most effective safeguard against the potential abuse of monopoly by patentees. However, while the provisions and procedure are detailed under the law, only one compulsory licences has been issued in India till date.

 

Read More
Blog, Compulsory Patent License, Hi Tech Patent Litigation, India, Intellectual Property, IP Litigation, Patent, Pharma- Biotech- Patent Commercialisation

Common Errors found in Patent and its Implications

Written by adminAugust 29, 2018

It can be very costly to fix errors in issued patents, which are often left over in a patent, during its drafting or prosecution; some errors, for example, incorrect dependencies in claims, might significantly limit even the scope of the patent or lead to its revocation post grant. Sometimes extra fees, delays, denial of patents, or invalidation of awarded patents results due to errors in patents. Therefore, it is very crucial, although a laborious task, to proofread patent applications to identify discrepancies in patent claims and specifications, such as missing antecedent references, claim numbering, incorrect status indicators, or inconsistent numbering of the claims.

Errors in a patent are diverse; and are of varying nature depending on the stage they are crept in –
Beginning with the Face Page which constitutes the bibliographical information, errors in this segment are critical in nature such as incorrect names of inventors, attorneys or assignees (generally spelling mistake), or missing any amendments during the prosecution, such as change of the names of the above or insertion or deletion of the same. Similar is the nature of errors in case of specification, drawings and claims.

The impacts of the errors in the various parts of a patent are different. Any error on the face page is potentially grave in nature. Error in the priority information might lead to serious repercussion which even results in abandonment of a patent. Similarly, errors in the names of inventor, attorney, assignee are very crucial part of a patent which might cause confusion if found incorrect.
Another kind of errors are found in List of references cited, they are also very critical as incorrect or any missing citations may jeopardizes the validity of the patent, leading to conclusions such as the invention is not novel and has been cited earlier.

As the component must be depicted generically in the drawing, errors in the specification and drawings are equally important and any omission of any one of these component parts or wrongly incorporated components or any spelling mistake may misrepresent the invention or even change the scope of the invention.

It has been at times seen that reference numerals in drawings which pictographically explains the invention refers incorrect components in the invention -.

Claims are the part of a patent specification that defines the legal scope of the protection sought by an inventor. USPTO requires that, each and every claim must be clear and concise and supported by the description. Hence, it is the most essential constituent of the patent and any error in this part of the patent such as incorrect dependency, missing claims and inconsistent numbering of the claims can impair the enforceability of the patent and can prove detrimental to the interests of the owner of the patent incurring financial losses as well.

Errors in the patents might prove fatal and bring uninvited trouble to the owner of the patent. So, in order to avoid such unpleasant circumstances proofreading of a granted patent or a patent application becomes inevitable.

Effectual Services (www.effectualservices.com) patent proofreading process follows an extremely detailed analysis of a patent’s prosecution history to identify any PTO or applicant errors. Our team members run thorough manual as well as automated checks simultaneously to ensure that a patent is free of any errors. Our proofreaders have in-depth knowledge of Patent laws and are also trained in Patent drafting best practices for various jurisdictions, including US and EP.

We also prepare ready to file Certificate of Correction that can be filed with the PTOs saving your precious time.

For more information, please write to us at info@effectualservices.com

Read More
Blog, Brand Valuation, Compulsory Patent License, India, Intellectual Property, Patent

Benefits of filing a provisional patent application

Written by adminAugust 29, 2018

A provisional patent application is an interim utility patent filed with a patent office. A provisional patent is filed without including any claims, oath or declaration, or any disclosure statement. A provisional patent application gives you protection on your invention for one year only and after that you must file for a non-provisional or regular patent application or abandon your patent. It also allows the term

“Patent Pending” to be used, which acts as a deterrent to likely infringers.

Provisional patent application also acts as a low-cost alternative or a preliminary step before filing a non-provisional patent. It gives one additional year of protection or grace which is normally enough time for an inventor to evaluate the market potential of his invention and to get investors on board.

A provisional patent application has numerous advantages over regular or non-provisional patent application. The foremost being the priority date. An earlier priority on a patent application could be a game changer for a breakthrough invention. Moreover, since the cost involved in drafting and filing a provisional patent application is generally 1/4th of a regular application, therefore it serves as a cost effective, legitimate and credible source of getting your invention registered with a patent office.

Another advantage of filing a provisional patent application is the tenure of protection that your invention enjoys. A provisional patent application gives your invention a total tenure of 21 years which otherwise would be 20 years if you first file a regular or non-provisional patent application.

Further, the paperwork involved in filing a provisional application is minimal and easy. You don’t need any legal knowledge or skills to file a provisional application. Though it is recommended to involve a firm or patent agent/attorney, but in case you don’t wish to, a provisional application can easily be filed online directly with the patent office.

One precaution that has to been taken with a provisional application is the cutoff date. The provisional application automatically expires at 12 months and one has to file a regular or non-provisional application before that. In case you miss the deadline and don’t act within 12 months you not only loose the priority date but even lose the right to patent that invention.

To conclude, it is very convenient, easy, and inexpensive to file a provisional patent application and the associated benefits are immense. Therefore, it is recommended to go for a provisional patent application filing as soon as possible.

Read More
Blog, Brand Valuation, Hi Tech Patent Litigation, India, Intellectual Property, Patent

Recent Developments in the Patent Cooperation Treaty (PCT) System

Written by adminApril 25, 2018

Introduction
The Patent Cooperation Treaty (PCT) system helps applicant seeking patent protection at the international level for their inventions. Such international application can be filed by anyone who is a member of PCT contracting state. It do also support patent offices in taking decisions related to patent granting, and facilitates public access to technical information. By filing one international patent application under the PCT, applicants can simultaneously protect their patents in various countries.

Recent developments in the PCT system

Recently, there have been a few changes made to improve the PCT system. The changes are listed below:

a) PATENTSCOPE
User Interface has been updated for 2018 and advanced ePCT File view, ePCT Document routing and ePCT-Filing is now available to 55 receiving Offices (63 total PCT e-filing ROs)

PATENTSCOPE gives a user free access to over 67 million patent documents in addition to over 3.3 million PCT applications. It consists of the national patent data collections of several patent offices. PATENTSCOPE features a number of powerful tools, including cross-lingual and chemical compound search as well as machine translation.

Interface is now available in 10 languages. The ‘Documents’ tab includes the new section ‘Search and Examination-Related Documents’. A new secure access system related to PATENTSCOPE is running via https. Cross-Lingual Information Retrieval (CLIR) (Cross-Lingual Expansion) is more developed allowing the search of a term/phrase and its variants in several languages. By entering the keyterm in one language, the system will suggest you all possible variants and will then translate the term(s), also facilitating the search of patent documents in other languages.

b) WIPO Pearl
A new feature called “WIPO Pearl” has now been added to the WIPO database which is an online terminology database used for searching multilingual contents. It is available in all 10 PCT languages. It helps to promote accurate use of key terms across various languages and also makes it easier to search and share scientific and technical knowledge. All the content under “WIPO Pearl” is validated by WIPO language experts and experienced terminologists.

c) Licensing availability
Applicants whoever is interested in executing licensing agreements in relation to their PCT application can intimate the International Bureau (IB) and request them to make this information available on PATENTSCOPE. Applicants should submit a “Licensing Availability Request” and fill form PCT/IB/382 and submit it to the IB using an ePCT “Action”. Please note that this request can be made at the time of filing or within 30 months from the priority date. Applicants can file multiple licensing requests or update previously submitted ones (within 30 months from the priority date). The licensing indications will be then appeared on PATENTSCOPE under the “Bibliographic data” tab along with a link to the submitted licensing request.

WIPO GREEN, which has been revised now, is also a related platform that matches owners of environmentally sound technologies (ESTs) with technologies that are seeking licensing or partnership agreements.

d) Third Party Observations
Under this feature, third parties can submit their prior art observations relevant to ‘novelty’ and ‘inventive step’. It is a Web-based system which uses ePCT or web-forms in PATENTSCOPE. Submissions are possible until the expiration date, which is 28 months from the priority date. Applicants may submit their comments in response to these observations until the expiration of 30 months from the priority date. This system makes observations available in PATENTSCOPE & it notifies the applicant of submission of observations.

e) PCT Direct
New services are being offered by the EPO and Israel Patent Office in which applicants can address their issues relating to patentability in the search opinion established for the priority application by the same office. Its aim is to improve the efficiency and quality of the procedure adopted by ISA. The informal comments are filed together with the application called “PCT Direct Letter”.

f) WIPO Arbitration and Mediation Center (AMC) Fee Reductions
25{e376cc23ceea11f30dfb577cba2b5547d047ebb7628b6ef4583aa3e610522d69} lifetime reduction is offered on AMC’s registration and administration fees, wherein at least one party to the dispute has been named as an applicant or inventor in a published PCT application (no relationship to the dispute is required).

AMC is an independent body that offers alternative resolution options for commercial disputes between private parties. It gives time and cost efficient alternatives to litigation.

g) Time-limit for Supplementary search request
The deadline for requesting supplementary international search has been extended from 19 months to 22 months from the priority date (PCT Rule 45bis.1).

h) 90{e376cc23ceea11f30dfb577cba2b5547d047ebb7628b6ef4583aa3e610522d69} fee reductions
Recently, an amendment was made to the PCT Schedule of Fees which clarifies an understanding that the 90{e376cc23ceea11f30dfb577cba2b5547d047ebb7628b6ef4583aa3e610522d69} fee reductions in item 5 of the Schedule of Fees are intended only for persons filing an international application in their own right and not those filing an international application on behalf of a person or entity which is not eligible for the reduction.

i) Philippines as ISA/IPEA
Intellectual Property Office of the Philippines was appointed as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the PCT.

j) New PCT Contracting State
There have been 152 States that have recently come under PCT Coverage. The recent additions into the list of contracting states are Jordan, Kuwait and Cambodia. Furthermore, nationals and residents of Jordan are entitled, as from 9 June 2017, to file international applications under the PCT.

Recent few important initiatives taken by the Indian Patent Office (IPO) to facilitate PCT filings

a) Indian Patent Office (IPO) at 15th position in PCT filings – 3 million applications were published by February 2, 2017, out of which 711 PCT applications were filed by IN applicants. India is currently at the 15th position among top countries that do PCT filings.

b) IPO as DAS – The Indian Patent Office (IPO) commenced operating as both, a Depositing and an Accessing office of DAS with effect from 31 January 2018. If the applicant has requested as a depositing Office, it will submit certified copies of patent applications and design applications as priority documents in DAS, including PCT applications filed at the Office on or after 31 January 2018. As an Accessing Office, it will recognize all the relevant priority documents available to it through DAS platform for the purposes of any application for which the time limit for submitting the priority document has not expired by 31 January 2018. Priority documents can be transmitted to IB through WIPODAS.

c) Currency issue resolved – A new INR A/C has been opened in the name of CGPDTM at Central Bank of India FOREX division and the USD A/C in SBI Overseas bank has been closed now. The applicant can make payments directly through NEFT /RTGS towards IB fee and ISA and submit the UTR /Ref numbers via email to RO/IN. RO will prepare debit instructions to the bank and transmit the payment subsequently to IB and ISA. It will also intimate the same through e mail to all International authorities. Transmittal and Priority fee can also be paid through form 30 via the online payment portal.

Read More
Blog, Compulsory Patent License, Hi Tech Patent Litigation, India, Intellectual Property, IP Litigation, Patent

How to Save Costs on Overseas Patenting

Written by adminApril 6, 2018

For any company, whether it’s a mid size or a small organization, time is the most valuable thing. This is the reason we are observing that maximum small or mid size businesses make decisions about foreign patent filing at the eleventh hour. There are many such ways, from regional blocs to repetitive text analysis, in which a business can consume your money so, when we talk about patent filing and translation, below are some cost-cutting procedures:

Set up the Patent Filing Strategy before Time: Authenticate the patent filing strategy before time and the filing deadline will guarantee that any patents that you choose to file will be directly aligned to the broader targets of your business.

Preparing a core strategy will make it much easier for you to decide where to file and which patents are at the cost of up-front investment of filing. It also prohibits the extra costs and additional amount that is spent when patent translation and filing take place at the last hour.

Regional Blocs – How many Countries can avail more than one translation cover: After taking a lead from comprehensive IP strategy, the next step is to explain exactly which countries you will need to register your patent in. Many of these countries will have a shared language that will immediately reduce the cost of patent translation. For example, the filing of patent done in the Middle East is cheap since one Arabic translation can be filed in Egypt, Jordan, etc.

Just file the patents in the countries where ROI justifies Up-Front Costs: As anticipated, filing in more countries will add the general filing costs. Patents that are filed in extensive manner can be charged half a million dollars or more over the period of 20 years lifetime in its fees, attorney pricing, annuities and also the patent translations. Again, it is necessary to file the patent only in those countries where considerable ROI is expected and perhaps more focus should be given on the countries where filing cost is nominal.

Conversion of existing translation and Reuse the Boilerplate Language: If patent is filed in China, then it makes a sense to have the whole specification translated into traditional Chinese language for filing the same in Taiwan and then translated into simple Chinese language in Mainland China. The translation into European Spanish can similarly be translated into Latin American Spanish for registering the patent in Mexico and other Latin American Countries.

Lessen the price of Managing Patent Portfolio: Maintaining the larger portfolio of patents in any large business can arouse significant costs which can affect the cash flow in any organization. In many cases, big businesses have plentiful patents of limited or nonexistent business value. It makes sense to plan the process of auditing your patent portfolio to assure that it gets coordinated with your business goals, and to sell, license or abandon the previous patents that don’t provide relevant value.

Read More
Blog, Trademark, Trademark Litigation

The Importance of Registering Your Trademark

Written by adminApril 6, 2018

Whether people realize it or not, they deal with trademarks on an everyday basis. A “Trademark” is referred to as a different way of identifying with the brand. A trademark is better defined as a design, an explanation or anything that features the organization or the product that is assisted by the firm. Somewhere, these trademarks are also called “Service Marks”. For a better understanding, the term means any mark that recognizes its organization or its owner. Therefore, if you are running any business, then you must come up with unique and attractive trademarks that get registered in people’s minds. Let’s take a look at the importance of trademark registration in India:

Trademarks Establish your Brand to Stand Apart from Other Brands: A trademark should always be unique to your brand. We can take an example of assuming your logo as your trademark, however if your logo is very basic and simple, then your brand needs to be given a separate identity to distinguish it from anyone else. By having your distinct logo, anyone can easily identify which brand your product belongs to. For example, when you see a silver colour half bitten apple on any device, be it a laptop or a phone, you can easily identify that it’s an Apple product.

It Makes your Brand Unique: Let’s consider that you register your brand’s logo as your trademark. As per the assumption, every business needs a logo that stands out and is easy to recall or understand rather than having a logo that is difficult to remember and does not even explain your brand. Hence, every business would opt for the former. The reason for this is self- explanatory.

A Trademark is Forever: The Trademark registered by any firm remains with them forever. It can be explained better through this example. It’s like purchasing an ice-cream once and eating it forever. However, the ice-cream won’t last long so don’t even try to do it.

It Safeguards your Product’s Name: If you have any registered trademark, you can quickly show your ownership of the product. Having a registered trademark also allows you to utilize all the products registered under your ownership. It proves that the product belongs to that particular brand and you have the rights to sell, modify or use the commodity in whichever way you want.

A trademark Helps in Business Growth: So, let’s say your organization deals in computers but after putting in some lucrative hard work you might be thinking to expand your business and venture into the video or audio hardware business as well. If you are new to this business, then there are higher chances of failure, but if you have your registered trademark, people would trust your brand no matter which field you are expanding in.

Trademarks can be valuable: What if it is declared that trademarks can be valuable? Well, as your business grows over time, the value of the trademarks gets scaled up automatically. So, if your business grows, your trademark also grows in value.

Having a certified trademark can take you places, don’t believe it? Literally speaking, it does! When you keep the above points in mind and work accordingly, you will definitely see a drastic change in your business and also receive positive recognition in the market. You will enjoy the open ownership on several products and you can easily own it. Literally, you can stamp your trademark on every product of yours. Yes, that’s allowed! So, what’s stopping you? Keep yourself updated and file your trademark application today!

Read More
Blog, Brand Valuation, India, Intellectual Property, IP Litigation, Patent, Pharma- Biotech- Patent Commercialisation

Patenting–An Overview for the New Inventors

Written by adminApril 6, 2018

If you want to see your idea turning up into a completely developed invention, then it’s an indispensable task to acquire some type of patent protection, if not fully, then the “patent pending” status will also work. Without filing patent protection, it is risky to promote the idea as the idea can be stolen easily. More than that, the businesses you approach will never accept you in a positive way as without the ‘patent pending’ status, your business idea will just be an idea.

When does an idea become an invention?
Whenever an idea becomes patentable, it is referred to as an invention.

Should I discuss my invention idea with anyone?
Yes, the idea can be discussed as it should be determined that your idea is patentable or not, and if there are any other similar ideas that have that potential, to warrant the cost of patenting, in order to prepare the patents themselves.

Elaborate Confidential Agreement
A confidential agreement or a non disclosure agreement means a legal binding of the agreement between 2 parties where one party is the inventor or a delegator and the other one is any person or entity with whom the confidential agreement is being shared. This type of agreement is not suitable for advertising the invention nor is it designed for that purpose. On the other hand, it should be kept in mind that the Confidential Agreement has no standard format or content, it is often drafted by the parties or is acquired from other resources such as the Internet. In case of any dispute, the court will honour this agreement in maximum countries only if the content of the agreement is accepted legally.

How can the ideas be discussed without the risk of losing them?
For any new inventors, there can be a risk of losing the idea after it has been discussed with anyone. So, to keep it safer, there can be 2 ways out: (I) By directly approaching the reputed patent attorney, who will keep the invention confidential. The other option can be a bit expensive; (II) By getting in touch with the professionals who are dealing with the invention promotion. There are numerous organizations/persons who will keep the ideas in confidence and it is best to go for a confidential agreement with them, where they promise solemnly to keep your invention confidential. Comparatively, this is a much secure and a rather economical way to keep your ideas in confidence and is a good option for new inventors.

What is meant by Patents?
Patents are the documents which help in disclosing any invention, and if the idea is designed by the inventor, then it provides legal protection against any unauthorized use. Patents can be easily sold and brought so the owner of the patent may not be an inventor. Also it may be possible to retain the patent while advertising it for the right use.

What is a Provisional Patent?
Provisional Patents are the abstract versions of the final patents that offer to complete the international priority protection after 1 year. The most important aspect of a provisional patent is that on lodging it with the patent office, it will be termed as “dormant” and will be not be judged under any legal challenge.

What is a Final Patent?
The copy of the Final Patent is the unchangeable form of your invention. Usually, the final patent has the formal structure of contents that contains the background literature, claims, disclosure of invention, embodiments, practical examples for reference and detailed facts and figures. This final patent will protect your invention till 20 years from the date of filing and the applicant will get the formal patent document once it is complete and fully accepted. Therefore, it is recommended that the final patent should only be taken out where it is highly warranted.

Read More
Blog, Brand Valuation, India, Intellectual Property, IP Licensing, Patent, Patent Infringement, Patent Opposition, Pharma- Biotech- Patent Commercialisation

Suggestions and Discussions about Patent Related Issues

Written by adminApril 6, 2018

In this article we are going to clear certain doubts and find answers about patents and their related issues with Intellectual Property. Here, we are providing an open discussion forum where you can clear all your doubts about patents and patenting a new invention. If you are new to patents and its related issues, then you can certainly clarify any doubts you might have about legal patents. Therefore, we have prepared a questionnaire to eliminate all possible confusions:

Q1: Define the term “Patent”?
Patent is an exclusive monopoly that is granted by the government in various countries for an inventor over his invention for a defined time period. Patent is basically a legal document that covers new inventions and protects the idea of the inventors by operating various claims.

Q2: What types of inventions can be included for patenting?
The inventions that can be included must be of practical use; they must display the aspect of novelty, and have some attribute which is not known in the body of existing knowledge in the technical field. In many countries, the scientific theories, mathematical procedures, plant or animal invention types, discovering natural elements, commercial methods and the methods of medical treatment and software programs are not patentable.

Q3: Difference between patents and exclusivity?
Both patents and exclusivity work in the same way but are distinctively different from each other. Patents are authorized by the patent and trademark office anywhere in the development lifeline of the drug and comprises of wide range of claims.

Q4: What type of protection does a patent offer?
Patent protection refers to the inventions which cannot be created commercially, nor can be used, distributed or sold without the owner’s permission. If any individual or any organization wants to use that particular invention, then they may need to purchase the rights or pay royalty to the owner.

Q5: Who can access the rights of patents?
The inventor or the company accredited by the inventor can access the rights of patents.

Q6: How can a patent application get filed?
The inventor or the beneficiary can acquire the patent by filing an application in the patent office in designated forms as required by the act of that particular country.

Q7: Can an applicant get this right for any other individual inventions?
Of course, a person assigned by the inventor can easily acquire the rights for that invention. The original owner is the assigned person but the name of the inventor is present in the inventor’s column. If any person tries to claim the right for an invention without the knowledge of the inventor, then that will be termed as illegal.

Q8: How many inventors can jointly file a single application?
If it is invented by a group of people or a team, then they can certainly file a joint application for that particular invention.

Q9: Why are patent rights important for any inventor?
If an inventor does not avail his rights for his invention and introduces the product based on his invention in the market, then anyone can easily duplicate his invention and exploit the product commercially. The patent rights are important to debar other people from using or selling the product without the consent of the inventor. Therefore it is recommended to claim legal rights for the invention.

Q10: Who has the right to check the novelty feature of that invention?
An examiner of the country office checks the novelty feature of the application with the current state of art available at that time.
Basic questions about patents and patent related issues have been clarified in the above mentioned 10 questions. If you have more doubts about the same, please don’t hesitate to drop your queries in our comment box. We will respond shortly!

Read More
Blog, Patent, Patent Infringement, Patent Opposition

File a Patent to Protect Your Intellectual Property

Written by adminFebruary 26, 2018

The term ‘Intellectual Property’, or it can also be called IP, means the protection for the creation of minds. Talking more specifically, it grants the owners the exclusive rights to these creations.

IP has been categorized into two sections:

  • Artistic
  • Industrial

Artistic Intellectual property rights are protected by copyrights and Industrial Intellectual Property rights are protected by trademarks and patents.

One of the biggest misconceptions that people have is that they think that the artistic work and the industrial or scientific patents are identical, however that is not true. Your Intellectual Property includes all the information or the alternatives that you have used for the products of your work. Here we are referring to consumer lists, business process, publications, trademarks, etc. which are used after or during the employment with the company. These elements are counted as Intellectual property and propriety information. These Intellectual properties are meant to safeguard the company assets and also to forbid exploitation by others.

The certification of these Intellectual properties is now-a-days a million dollar industry. Therefore, business holders and other individuals are expecting better ways to preserve and boost up the value of their concepts, creativity, artistic creations, imaginative creations and other kinds of Intellectual Properties. Therefore, if you are planning to start a small company or business, or if you have a company which is running properly, then you should always consider the significance of protecting your IP as a segment of the basic small business plan.

Mentioned below are some essential steps and advice for the protection of Intellectual Property in both domestic and International markets:

Outline Your IP Needs and Plan Your IP Strategy: The primary thing to be determined is to safeguard your organization and also its intellectual value which defines the type of intellectual property it owns and how the IP protection laws fit the strategies of the organization as a tool to be used in enforcing the overall strategy. It is recommended that all the business owners should classify any such new ideas, technologies or methods that can be patented.
Intellectual Property and Your Employees and Freelancers: It is recommended that all business owners should consider their employees and consultants as potential inventors and also keep their creative advice acquainted. The copyright law provides for the freelancers and independent contractors to automatically retain the copyright to their original work with a written agreement. As a result, all the business owners would be able to ensure that any confidential information is not misused.

Supervising your IP Rights: As your Intellectual property gets registered and approved by the government, you should work on renewing the records and imposing your IP rights, which means that an individual can have ample historical data which can undoubtedly set up the entitlement to those rights and also have a better chance to beat the dispute over Intellectual Property rights. If anyone has enough proof of their IP rights, government agencies will assist them in enforcing the rights as per law.

Keeping adequate information about the intellectual property rights and understanding the basics of copyrights, trademarks and patents is quite an essential thing in the global market. There are many such organizations that fail to protect their beneficial intellectual property assets. As per the government data, more than $500 billion in legitimate global sales is lost every year due to fake goods. You may not have any legal alternative against these false products, but you can definitely register your company’s name and logo as its intellectual properties in India and other countries globally.

Read More