Digital Right Management, India, Intellectual Property, IP industry

New tools and advancements in biological sequence searching

Biological molecules play a significant role in both human and animals and it thus necessary to apply knowledge of biological molecules for healthcare, pharmaceutical, diagnostics and biotechnology purposes. These biological molecules are formed of DNA, RNA or protein, which are built from a continuous chain of nucleotide bases or amino acids – called a biological sequence.

For many years, bacteria or viruses have been of intense interest to researchers. Biological sequence research helps to provide greater understanding of their pathophysiology, which in turn guides researchers to develop therapeutics or diagnostics for the diseases caused by these bacteria or viruses.

There are two forms of biological sequences:

  • A nucleotide sequence is a series of alphabetical letters that indicate the order of nucleotides within a DNA or RNA molecule, wherein nucleotides in genetic sequence are adenine (A), cytosine (C), guanine (G), thymine (T) and uracil (U). The sequence can be made of thousands of base units of nucleotide sequence or a protein sequence. Moreover, a nucleotide sequence can form a primer, probe or a biomarker with therapeutic or diagnostic applications.
  • Amino acid sequences can form proteins, antibodies, enzymes and receptors of varying length (from 100 to 1,000 amino acids).

Exponential growth in research related to nucleotides (DNA, RNA) or proteins has occurred in the pharmaceutical, agriculture and biotech industries. Therefore, a surge has been observed in patent filings encompassing nucleotide or protein sequences. Currently there are more than 40,000 patents related to DNA molecules as the entire human genome has given way to monetisation by various companies. Nearly 20% of the human genome of the known 23,688 human genes have been patented, with over half owned by private companies. In order to protect a biological sequence through a patent, regional patent offices all have specific guidelines for listing nucleotide or peptide sequences separately and in a proper format while submitting the patent applications. The most widely used format for patent submission is FASTA – a text-based format for representing nucleotide sequences or peptide sequences. Some of the rules and regulations laid by patent offices for sequence listings are as follows:

  • The sequence listing shall be referred to by the sequence identifier that is a unique integer, which corresponds to the SEQ ID NO assigned to each sequence in the listing.
  • If provided on paper, it shall have independent page numbering; if furnished in electronic form, it shall be in an electronic document format and filed by a means of transmittal.
  • A nucleotide sequence shall be presented only by a single strand, in the 5’-end to 3’-end direction from left to right. The terms 3’ and 5’ shall not be represented in the sequence.

Due to the high volume of research, IP experts need the functionality of sequence searches in order to identify patents as well as scientific articles. There are a number of IP projects wherein sequence searching is required. For instance, a patentability search before getting a sequence patented, freedom-to-operate searches before launching a product in the market, infringement search or product clearance searches and invalidation searches to assess the validity of sequence-claimed patents. To perform searches for patents with sequences, a sequence alignment exercise is needed. Sequence alignment uses an algorithm (eg, Basic Local Alignment Search Tool or BLAST) to establish similarity between two sequences – so-called character-to-character matching. BLAST is an algorithm for comparing any biological sequence (eg, amino-acid sequences of proteins or nucleotides) against a list of other sequences.

Many patent offices offer publicly available software to standardise biological sequence submission formats. For example, BiSSAP was developed by the EPO in collaboration with national patent offices and the European Bioinformatics Institute, whereas PatentIn has been developed by the USPTO.

The IP community encounters difficulties when an invention or product features cover biological sequences because none of the conventional strategies (ie, keyword or class-based searches) provide the functionality to search patents or scientific articles containing sequences based on the mapping of biological sequences. In the past years, some tools and services were introduced by various platforms (eg, NCBI) to facilitate sequence searching, which can provide a starting line to quickly achieve out of the box results. Some freely available databases (eg, NCBI-BLAST and PatentLens) are also in line, particularly PatentLens, which allows over 80 million DNA and protein sequences disclosed in patents to be searched.

However, certain challenges are still associated with sequence searching, including non-editable sequences, lack of uniformity in submission of sequences and access to the full text of scientific articles. Also, it is difficult to access patented sequences especially for foreign jurisdictions. There is a lack of fast and accurate sequence alignment tools to identify sequences disclosed in patents.

In an effort to overcome these hurdles, some advancements and modifications have been taken by the industry to improve sequence search capability, which can help the IP community not only to map the sequence but also to provide a percentage of alignment of sequence bases. This limited number of available paid tools (eg, STN and GenomeQuest) have the capability to search sequences by integrating multiple databases in a single platform, so that searchers can perform sequence searches for patents of multiple jurisdictions along with other parameters (eg, chemically modified radionucleotide molecules).

Despite such improvements, there are still a few challenges that remain, including cost and lack of expertise. We can search scientific articles containing sequences but access to the full text is not always available. Therefore, a vast gap exists for advanced tools across the globe.  This is causing private institutions to agonise over building databases with sequence-search features in their dashboards, which can be an alternative for IP practitioners, science graduates and industry scientists.

Comment

In order to discuss the future prospects of sequence searching, new tools need to be developed to help make searches more accurate with a variety of alignment algorithms to optimise workflow, work accuracy and efficiency. Looking forward there is the promise of sequence searching in all jurisdictions as well as searches for scientific articles in a cost-effective, graphical user interface, with a genome library (of various plants, organisms and animals) being integrated into databases. However, it remains to be seen when and how these will become available.

For further information contact:

Anoop Dimri
Effectual Knowledge Services Pvt Ltd
View website

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Blog, Brand Valuation, Design, Digital Right Management, Hi Tech Patent Litigation, India, Intellectual Property, IP Licensing, IP Litigation, Trademark, Trademark Litigation

Trademark Filing in India- Importance and Analysis of the Market

The Government of India has been taking significant steps to develop favorable arena for Trademark filing. With registered trademark, one can stop others from using the trademarked business name/logo/word with respect to goods or services. Trademarks serve as a mark for identification of good or services and provide a better way to reach out to the huge audience. Trademarks influence the customers’ purchasing decision, reputation and acceptability such brands represent. Trademarks function as a valuable asset as they serve as a life-long support for business expansion. Even the giant companies like Apple protect their important assets for the business by means of trademark.

Recent amendments in Trademark Rules 1999, notified in March 2017, not only simplified the trademark registration process but also removed a number of redundant provisions thus making the overall process extremely user-friendly. Major changes that were brought in by Trademark Amendment Rules 2017 include –

1) reduction of number of Forms needed to be filled from 74 existing forms to 8 consolidated forms.

2) Single application form isrequired to file all type of trademark applications.

3) inclusion of online mode of service.

4) concession in fees to start-ups, individuals and small enterprises.


Trademark Filling in India- Importance and Analysis of the Market By Amit Aggarwal
Co-Founder and Director, Effectual Services

http://www.licensingcorner.com/know-how/trademark-filling-in-india-importance-and-analysis-of-the-market/

Article was 1st published On Licensing Corner

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Blog, Brand Valuation, Digital Right Management, India, Intellectual Property, Patent

Intellectual Property Rights – A Reform Transforming the Education Sector

The National Intellectual Property Rights Policy, aimed at creating a “Creative India; Innovative India” was approved by the Indian cabinet on May 12, 2016. It is noteworthy that this is the first IPR policy that was ever framed by the Indian government, the policy was enacted to ensure compliance to the Doha Development Round and TRIPS Agreement. Along with the IPR policy, the Government of India also prepared a Scheme for IPR Awareness, under which a professional body – Cell for IPR Promotion and Management (CIPAM), was also formed whose primary objective is to create IPR awareness across India. The duration of the scheme is for 3 Years (April 2017 – March 2020), and the efforts by CIPAM are currently underway.

One of the main objectives, Objective 2 of the 7 objectives that were laid down in the IPR policy,was:“Generation of IPR”. More specifically, under this objective, the policy states:

India has a large talent pool of scientific and technological talent spread over R&D institutions, enterprises, universities and technical institutes. There is a need to tap this fertile knowledge resource and stimulate the creation of IP assets.

It is also desirable to introduce IPRs as part of academic curriculum in educational institutions, especially universities, law and technical institutions.

Shortly after the creation of the policy, the University Grants Commission, which is the central body governing the universities and is responsible for maintaining the quality standards, issued a notice on July 15, 2016 requesting universities and affiliated colleges to devise, through academic council, inclusion of the IPR as a genericelective subject under the Choice Based Credit System (CBCS). Read More


Intellectual Property Rights – A Reform Transforming the Education Sector By Amit Aggarwal
Co-Founder and Director, Effectual Services

https://startupsuccessstories.in/intellectual-property-rights-a-reform-transforming-the-education-sector/

Article was 1st published On Startup Success Stories

 

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Blog, Brand Valuation, Design, Digital Right Management, India, Intellectual Property, IP Licensing, Patent, Patent Infringement

How patents have transformed the Health Care Sector

Currently India is aggressively adopting ‘Smart life’ where everything is driven by smart technology like artificial intelligence and IoT, but a grave reality still haunts most of the population is lack of basic healthcare facilities.

Currently India is aggressively adopting ‘Smart life’ where everything is driven by smart technology like artificial intelligence and IoT, but a grave reality still haunts most of the population is lack of basic healthcare facilities. In recent years, many projects and initiatives have been undertaken to improve the quality of life of common people, however, more concrete steps are still required to achieve the dream of ‘Healthy India’.

In a developing country like India, cheaper drugs & affordable healthcare infrastructure models can work wonders because the more it is affordable the more it is accessible. To make things affordable, we need innovation in drugs, developing therapeutic domain and building healthcare facilities. In last couple of decades India has developed a strategy of delivering highest quality drugs at lowest cost to patients within the country and other developing ones.

India revised the patent regime in pharmaceutical sector to comply with the WTO agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 2005,which excluded certain types of chemical entities such as polymorphs and salts combination of drug patentability so as to prevent patent ‘evergreening’ by large pharmaceutical companies, which can make drugs unaffordable to the general population. Below are the changes that Indian Pharmaceutical Industry has gone through during the pre-compliance (till 2005) and post compliance(after 2005) phases. Read More


How patents have transformed the Health Care Sector By Amit Aggarwal
Co-Founder and Director, Effectual Services

https://health.economictimes.indiatimes.com/news/industry/how-patents-have-transformed-the-health-care-sector/68721028

Article was 1st published On ETHealthworld

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Blog, Brand Valuation, Digital Right Management, Hi Tech Patent Litigation, India, Intellectual Property, Patent

Artificial intelligence: Empowering patent filing

Patent filing in artificial intelligence in India is emerging on a rapid scale, and some of the top companies filing for patents are TATA and HCL Technologies

With the advent of Artificial Intelligence in every imaginable sphere that matters, it is hardly surprising that innovators are now in a rush to build their Intellectual Property portfolio in AI. The popularity of Artificial Intelligence, machine learning, neural networks and all other things related to Intelligent machines has been on the rise for quite some time now. A similarly whopping growth has been observed in the number of machine learning or AI-related patents/applications which have been filed in recent years. A recently published article revealed that patent applications based on machine learning have nearly quadrupled in the last few years, owing to the widespread use of the same in all major technological fields. Since the formal conception of Artificial Intelligence and machine learning, way back in the 50s, more than 300,000 patent applications and over a million scientific journals have been published.

Further, WIPO has stated that over one-third of the published patents/applications in the AI domain are related to Machine Learning. It has been estimated that the average annual growth in patents related to machine-learning is somewhere between 25 and 30 percent. Machine learning techniques such as deep learning, reinforcement learning, neural networks have seen unprecedented growth in terms of patent filings in the last few years.

AI has often been compared to the “Electricity of the new era”. If so, Machine learning can surely be considered to be the wire which conducts it. WIPO has recently taken upon itself to develop a framework for the field of AI, including the applications of machine learning such as processing of speech and digital signal processing. The vital areas which would be completely transformed by AI were also identified, such as Transport and Communication. However, other sectors such as Law, Banking, Medicine, Entertainment, Agriculture are not far behind either in utilizing machine learning and AI, and building their respective patent portfolios as well. Bearing these facts in mind, it is not hard to see the growing interest of inventors in patenting their AI end applications.


Artificial intelligence: Empowering patent filing By Amit Aggarwal
Co-Founder and Director, Effectual Services

Artificial intelligence: Empowering patent filing

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Blog, Brand Valuation, Digital Right Management, Hi Tech Patent Litigation, India, IP Licensing, Patent

Patent Services- Trends and Analysis Transforming the Smartphone Industry

Smartphones Industry has taken the technological market by storm in India, with an urban audience, generally categorized as millennials, keenly observing the market and waiting to get their hands on every piece of new technology that comes bundled within the new smartphones. From “feature phones” constructed chiefly for the purpose of placing and receiving calls, to “smartphones” capable of overpowering computers, the journey has involved a lot of innovation and patent rights have performed akey strategic role in protecting those intellectual breakthroughs against unfair use.

The patent portfolio of a tech driven organization, along with its various intellectual property assets such as designs, trademarks and copyrights, is vital for its future success. A growth strategy aimed at strengthening the innovative capabilities of domestic firms and businesses can go a long way in ensuring a sustainable competitive advantage for domestic firms with the help of a strong intellectual property regime. Companies are able to invest in R&D of these technologies primarily because of the security and promise of the economic returns that these patent rights provide to their inventions.

Smartphone wars: The Patent battles
The patent rights, generally seen as a means of protection against unfair use, have also served as weapons used by the behemoth Smartphone companies in the infamous “Smartphone wars”. What kick-started in 2009, with Nokia suing Apple for using some of its SEP’s (Standard Essential Patents) without paying, has been followed by major wars between leading companies, the prominent ones being the series of lawsuits between Apple and Samsung and the numerous lawsuits launched against Google by an alliance of tech enterprises like Microsoft, Apple, BlackBerry, Sony, and Ericsson under the name “Rockstar” to de-throne the largest search engine in what is described as the “nuclear attack” in the patent smartphone wars.

The great deal of lawsuits involving telecom patents also justifies the interest and investment of handset and OS providers in the R&D of communication technologies, as a significant portfolio of communication patents would provide a stronger defense to companies when patents are asserted against them. As a matter of fact, this technology space created by the patent rights has
taken us from the slow-moving 2G communication phase to the point that 5G communication testing has already started in some countries.

A research indicates that a large proportion of the smartphone patent wars are associated to mobile data access, touch screens and transmission of mobile data, each of which has a different company dominating the patent portfolio.

Smartphone Patents: Pros and Cons
All the major tech-giants, now own a substantial smartphone patent portfolio. And while this level of patent activity is a positive indicator of innovation in the field, those who doubt the significance of patents argue that patents lead to hike in the prices of smartphones, and are scared of the consequences of sending legal threats and enforcing patents. Other than this, one might also find a group of individuals who see the smartphone-related patents as a means that harms the innovation.

However, there’s no concrete evidence to support the statement that patents have harmed innovation in the industry. In fact, smartphones have advanced quickly than any other consumer product over the past decade, and have seen a fair share of innovational breakthroughs from multiple-screens to curved screens, all thanks to the protection offered by the patent rights.

Citing a real world example of the importance of intellectual assets, the single thing that kept its boat afloat at the point where Nokia had completely lost its monopoly over the cell phone market was the revenue generated from the licensing of patents that it had filed over the years. Standing somewhere between the winners and the losers that were downgraded to has been as a result of the smartphone wars, the company’s timely focus on developing a strong IP portfolio paid off when it failed to develop products that could keep pace with the rapidly-changing smartphone market at the time.

Smartphone Patents: The Indian Landscape
In the past few years, India has emerged as a favorite destination for all the major Smartphone companies, be it the Chinese Smartphone brands like Vivo, Oppo, Oneplus, Xiaomi etc or the global leaders like Samsung, Apple etc. A detailed look on the patent activity of these companies in the country, however, reveals a complete different story. Vivo and Oneplus does not have much patent activity, thanks to the patent filings of their sibling Oppo in the country, which makes it easier for them to use all those technologies without any fear. Another Chinese giant, Xiaomi also has very little presence when it comes to patent filings in India, a lot lesser that their Chinese patent portfolio and have been sued by Ericsson for patent infringement during the days of its dawn in the Indian market. Even the players of the big leagues like Apple have very few filings in India.

Conclusion
The smartphone industry has been driven by the active involvement of patent rights since the beginning. And while the filings by the leading companies are mostly done from a defensive perspective, the virtues offered by building a strong patent portfolio can be seen in the results of the past smartphone wars where the winners walked away with billions while some of the losing parties completely lost their grip of the market. Talking about the patent activity in the Indian market, the Government needs to scrutinize intellectual policies to drive filings by the big players, as a good manufacturing hub has to have filing by the big players of the game.

To sum up, patent services have played a crucial role in the growth of the smartphone industry since the beginning and will continue to water this ongoing technology sector especially during the upcoming phase where most of the companies are unlocking their innovational potential and working towards the age of folding screens and complete display smartphones.

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Blog, Brand Valuation, Digital Right Management, India, Intellectual Property, IP Licensing, IP Litigation, Patent, Patent Infringement, Patent Opposition

As 5G, IoT Patent filings rise, litigations Go up too

Since India is becoming a hot-bed for IoT and 5G based filing, we may soon see a litigation war here too.

Internet of Things (IoT) represents a whole world of connected objects that talk to each other at a whirlwind speed that never falters. The applications and benefits of this niche technology are multifold as it has the potential to revolutionise the world that we live in.

Amit Aggarwal, co-founder and director of Effectual Services, an intellectual property (IP) management advisory firm, says: “According to tech experts, by the year 2020, IoT devices will generate data accounting to 5 quintillion bytes every day.” According to him, the tech world is rooting for 5G as the superpower for handling such extensive data as it has the potential to connect everything together. The key reason for bidding on 5G technology lies in “The Cloud”, where the massive amounts of data from IoT can be stored, processed, and fed back to users, he insists.

Artificial Intelligence (AI) has to be the brain digging through the pile of IoT data. AI has the ability to quickly deduce insights by automatically identifying patterns and detecting anomalies in the data that these smart devices generate. Gartner predicts that by 2022 more than 80% of enterprise IoT projects will include an AI component.

Aggarwal says, “Exploring the intellectual real estate, we observed that each of these technologies has significant patent filings of its own. For IoT patent filing, the key foreign corporates such as Samsung, Qualcomm, Nokia, Ericsson, LG, top the ladder. A few Indian origin companies such as Wipro, Tata Consultancy Services, HCL Technologies are also making it to the top list. The 5G patent filing activity also is in good shape with industry behemoths joining the race.”

Further, within AI, more than 300,000 patent applications have been filed, he says. For patent filings involving the integration of these domains—Samsung is filing multiple patents which involve using 5G network for IoT communication and AI implementation in IoT for smart home, health care, etc.

“This growing filing trend in these domains has also initiated a litigation war worldwide. Litigation studies show that during 2013-18, the cumulative number of IoT-litigated patents witnessed an increase of more than 400%, with a sharp spike from 2017 to 2018,” he informs. Further, patent assertion entities (PAEs) are acquiring IoT, 5G and AI patents, which they will likely monetise, assert and litigate over the coming years.

“Based on our analysis, we expect to see an increasing number of patent litigation as 5G inches closer to seeing the light of the world. Since India is also becoming a hot-bed for IoT and 5G based filing, it might soon find its troops marching towards the litigation war,” he summarises.

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Articles, Blog, Brand Valuation, Compulsory Patent License, Digital Right Management, Hi Tech Patent Litigation, India, Intellectual Property, Patent, Patent Infringement, Patent Opposition, Pharma- Biotech- Patent Commercialisation

How to research a patent idea by performing novelty invention search?

How to carry out research on patentable idea?

A novelty patent search is performed to analyse whether your idea/ technology / invention is new or not.  The patent search novelty report provided by the patent expert will tell you whether your invention is novel or not. The search report will include list of selected granted patents, published patents and non-patent literature which will become prior art existing for your technology. The patent search report will also contain legal expert opinion on the novelty of your invention. Our patent lawyers and attorneys assist in re-engineering your invention in the light of prior art documents

How can Patent Search help in determining Patentability of Invention?

Before spending time, money and resources for filing a patent application, it is strongly advisable to conduct a patent search . A qualified patent attorney can determine patentability of an invention by analysing relevant prior art references (published patent applications, granted patents and non-patent literature) in accordance with patent laws of relevant jurisdictions.

Patent Search before Filing A Patent Application 

While conducting a prior art search and performing patentability analysis, patent attorneys ensure that the search is comprehensive and corresponding analysis is thorough to include all possible embodiments of the proposed invention. Generally, the patent search results are compiled in the form of a detailed document known as patent search report. The patent search report further helps in writing a draft specification for patent.

 

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Blog, Digital Right Management, India, Intellectual Property, IP Licensing, IP Litigation

What Are Litigation Support Companies and What Do They Provide?

The litigation support experts help attorneys to manage the legal needs and other aspects of large scale litigation and complex litigation. The term large litigation refers to the litigation that has wider scope and therefore it requires the assistance of more legal experts than smaller scale litigation. Talking about complex litigation, it refers to the litigation whose complexity is defined by a large number of witnesses and has extremely less time frame to try a case of complex information which is difficult to present to the jury in a simple way.

Although the litigation on a larger scale and even complex litigation is concerned with the different types of litigation, it is not uncommon for them to occur together. If in any case, both the larger scale litigation and complex litigation, or both of them happen at the same time, then usually the contract with litigation support service keeps the litigation on its proper schedule without adjusting the quality of legal counsel.

Starting from research and documentation of precedents and facts to legal IT support, the type of service which is rendered by the litigation support professionals depends upon the needs of attorneys. The litigation experts work individually as the part of litigation service agencies. In many circumstances, attorneys prefer to hire litigation specialists who are well aware of litigation providers especially when such providers put their staff on through and through screening process which determines the individual’s professionalism in terms of dress, personal disposition, commitment etc. Even though the litigation support experts posses numerous expertise, they use them to accomplish one thing by administering the legal duties, and they allow attorneys to focus on the basic features of the case without being distracted by the case’s extra requirements.

The experts of litigation start their work by becoming more knowledgeable about the general specific facilities of the case that is being filed or is ready to be filed. After taking down all the information about the case, they begin to identify the precedents, previous legal actions and also the current laws which are connected to the case. After presenting it to the attorneys, we can have two major impacts on the case, firstly it can strengthen an attorney’s developed line of inquiry or disclose the flaws in the line of inquiry which is based on the legal facts and precedents. In this way, the case is won, as the litigation professionals may continue to assist the attorneys by examining the proper collection process for damages that were applicable. If in this, the case is lost, the supporters of litigation may continue to assist the attorneys in determining whether there were details which have emerged during the trial that could serve as ground for an appeal.

 

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Blog, Compulsory Patent License, Digital Right Management, Hi Tech Patent Litigation, India, Intellectual Property, Patent, Patent Infringement, Patent Opposition

HOW TO PROTECT YOUR INVENTION IN FOREIGN COUNTRIES?

Like any other Intellectual Property Right, Patent also is territorial in nature. Granted patent of one country cannot give protection in any other country other than the one it is granted in. The only option to protect any invention in foreign countries is to have a granted patent in those countries. It is again a lengthy and an expensive process to apply for a patent in different countries separately. But like trademarks, there are certain treaties and conventions to make it a little easier for the applicant to protect his/her invention in foreign countries.

The following are the treaties and conventions:

  • PARIS CONVENTION: In the case of trademarks, Paris Convention confers on applicants a Right to Priority which says a person applying for a trademark under Paris Convention gets a Right to Priority in all the member countries at the time of registration. Same way this right is given to the patents also. A person applying for a patent under Paris Convention can get a priority right in the member countries to apply but with a grace period of one year in case of utility patent and a period of six months for a design patent.
  • TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS): Under the Paris Convention, only member countries get the luxury of grace period, and non-members of the Paris Convention get the same luxury under TRIPS agreement provided they are the members of the World Trade Organisation (WTO).
  • PATENT COOPERATION TREATY (PCT): Under PCT also, an applicant gets only a grace period to apply in different countries but under this, the period is a little longer, it gives a total of 30 months grace period to the applicant to apply in different nations.

Under the Patent Cooperation Treaty, a person files for a patent and opts for an international search by International Search Authority (ISA) which does a search and issues a search report along with a non-binding written opinion to the respective patent office. The respective patent office later publishes the invention approximately after 18 months of priority date. After which, an applicant has a choice to apply in multiple nations within a 30 month period. Later, the respective countries will carry on their respective patent grant procedures to grant a patent. The most important point to be noted is that a PCT application does not guarantee a patent to be granted in the countries that they have applied for but only assures a priority right.

From the above discussion, we may understand that it is not possible to get a patent protected in multiple nations with a single application but can only get a priority right. Since India is a member of all the above-mentioned treaties, an applicant from India can apply under any of them to get his/her patent registered in multiple nations.

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