Patent Registration Pune

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Patent Registration | Patent Application Filing In Pune

patent is an exclusive right granted by the government to the inventor to exclude others from

making, using, selling and importing an invention which is a new and having inventive solution to

an existing problem. The patent rights are granted for a limited period usually 20 years from the

date of first patent application

Product /Process  Patent :-

The invention can be a related to a product or a process or both product and process and one

patent application can be for a product, or process or both product and process, however, one patent

application is limited to have one invention only.

REQUIREMENT FOR INVENTION TO BE PATENTABLE:

1) Novelty:

The invention must be new or novel, means that the invention must never have been made before or used before.

An invention is considered ‘novel’ if it is not in the public domain (example on a website, article or in any magazine etc )anywhere in the world.

Or It must show some new characteristic which is not known in existing public knowledge (called “prior art”) in its technical field.

2) Inventive Step:

The invention must be non-obvious or involve an inventive step and not obvious to the person skilled in the art.

“Inventive Step” is a feature of an invention that involves technical advancement to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.

3) Industrial Application:

The invention must be useful or capable of industrial application. It must be capable of being made or used in the industry.

4) Patentable Subject matter

Inventions that does not fall under Section 3 and Section 4 of Indian Patent Act 1970 are not patentable subject matter

Pro Tip :- 

Inventors who are not sure whether the invention is novel or has inventive step can have a patentability search at various free databases available and confirm that their invention is novel and has inventive step.

Some of them are Google Patents, Espacenet, Indian Patent Search-Inpass and many others.

Various paid licensed databases are available that helps in conducting searches. These databases are available with practicing patent consultants, patent agents, and patent attorneys.

Type of Patent Application:

For filing a patent application one needs to decide the type of patent applications whether a provisional patent application or a complete patent application (also known as a non-provisional patent application) is required to be filed.

A provisional patent application is to be filed when the invention is at a conceptual stage and a rough/skeleton of structure and/or process of the invention is prepared and advantages of the invention are known over the prior art.

A complete patent application is filled (has to be filed subsequently within 12 months from the date of provisional Application date) when the invention is complete and no new feature or step is required to achieve the desired result.

Pro Tip :-

If inventor feel that his/her invention is complete and no feature or step is required to add to achieve desired result then he/she may skip Provisional patent application and directly file complete patent Application which saves cost and time of inventor.

Cost for Patent Search & Patent Filing In Pune:

INR 15000
Patentability Search
Patent Search Analysis Report
 
 
 
 
 
 
INR 17500(PS) / INR 28800(CS)
Expert Patent Drafting Services(PS/CS)*
 
 
 
 
 
 
 
INR 32500(PS)/ INR 43800 (CS)
Patentability Search
Patent Search Analysis Report
Expert Patent Drafting Services(PS/CS)*
 
 
 
 
 
INR 35000
Expert Patent Drafting Services (CS)*
Patent Application Filing at Indian Patent Office
Indian Patent Office Application filling Fees
Indian Patent Office Patent Application Examination Request Fees
 
 
 
 
INR 50000
Patentability Search
Patent Search Analysis Report
Expert Patent Drafting Services(CS)*
Patent Filing at Indian Patent Office
Indian Patent Office Application filling Fees
Indian Patent Office Patent Application Examination Request Fees
 
 

Procedure of Patent Registration Pune:

  • Step 1 : Patentability/Novelty Search ( Optional)
  • Step 2 : Patent Drafting
  • Step 3 : Patent Filing
  • Step 4 : Publication
  • Step 5 : Request for Examination
  • Step 6 : Issuance of Examination Report
  • Step 7 : Hearing with the Controller
  • Step 8 : Grant of Patent
  • Step 9: Patent Annual Payment/Maintenance fees
  • Step 10: Statement of Working of Patents

Step 1 : Patentability/Novelty Search ( Optional) :

is a search of prior art (of patented documents or non-patent literature) that conveys about the invention either in one document of in combination of documents so as to conclude whether it is patentable.

What are the conditions to be satisfied by an invention to be patentable?

  • Novelty:An invention will be considered novel if it does not form a part of the global state of the art. Information appearing in magazines, technical journals, books, newspapers etc. constitutes the state of the art.

         Oral description of the invention in a seminar/conference can also spoil novelty. Novelty is assessed in a global context.

        An invention will cease to be novel if it has been disclosed in the public through any type of publications anywhere in the world before filing a patent application in respect of the invention.

      Prior use of the invention in the country of interest before the filing date can also destroy the novelty.

     Novelty is determined through extensive literature and patent searches. It should be realized that patent search is essential and critical for ascertaining novelty as most of the information reported in patent documents does not get published anywhere else.

  • Inventiveness (Non-obviousness):A patent application involves an inventive step if the proposed invention is not obvious to a person skilled in the art i.e., skilled in the subject matter of the patent application.

         The prior art should not point towards the invention implies that the practitioner of the subject matter could not have thought about the invention prior to the filing of the patent application.

         Inventiveness cannot be decided on the material contained in unpublished patents. The complexity or the simplicity of an inventive step does not have any bearing on the grant of a                 patent.           

          In other words, a very simple invention can qualify for a patent. If there is an inventive step between the proposed patent and the prior art at that point of time, then an invention has taken place. A mere ‘scintilla’ of the invention is sufficient to found a valid patent.

  • Usefulness:An invention must possess industrial utility for the grant of patent. No valid patent can be granted for an invention devoid of utility.

Step 2 : Patent Drafting

   2.1   Content required for the drafting of provisional patent applications:

  • Title, Field of invention, Background, Objects, Brief description of drawings (if any), Detailed description, Advantages, Drawings (if any), Disclosure of biological material used (if any)
  • Forms required for Provisional Patent Application:-
  •  Form 1:- Application for Grant of Patent
  •  Form 2:- Provisional Specification
  •  Form 26:- Form of Authorisation of Patent Agent (If filed  through patent agent)

 2.2    Content required for the drafting of complete/Non-Provisional patent applications:

Title, Field of invention, Background, Summary, Objects, Brief description of drawings, Detailed description, Advantages, Claims, Abstract and Drawings (if any), Disclosure of biological material used (if any) 

Forms required for Complete Patent Application after Provisional Application:-

 Form 2:- Complete Specification

 Form 5:-Declaration as to Inventorship

2.3  Forms required for Direct Complete Patent Application (without prior Provisional Application):-

 Form 1:- Application for Grant of Patent

  Form 2:- Complete Specification

  Form 3:- Statement and Undertaking Under Section 8

  Form 26:- Form of Authorisation of Patent Agent (If filed  through patent agent)

 Step 3 Step by step process for patent Filing in Pune

 Fast track filing process:

Fast track filing is required when the invention is to be disclosed in form of conducting seminars, presentation, or submitted as a journal, or are required to be commercially traded in a very short duration of time, then file a provisional patent application to get a priority date and application number.

It is advisable not to file a complete patent application during this fast-track filing because while drafting patent application few important points can be missed out that can hamper the quality of the draft.

Once a provisional patent application is filed, conduct a search to analyze novelty and inventive step of the invention and then file a complete patent application.

However, in this process, the complete patent application needs to be filed within 12 months from the date of priority date else the provisional patent application gets lapsed.

Regular Track Filling Process :

  • Confirm that the invention is patentable subject matter (i.e. the subject matter of invention does not fall under section 3 and 4 of Indian Patent Act, 1970)
  • Optional step: Conduct a patent search to determine novelty, inventive step and industrial application;
  • Optional step: Analyse the searched patent documents and come to a conclusion whether it is patentable or not;
  • Draft a provisional or a complete patent application
  • File the draft with necessary forms and fees at the patent office and get a filing receipt.

Step 4 : Publication

  • The application will be published on Patent Office website after 18 months from the date of filing. The application can be viewed at the Indian Patent Office website
  • After publication, the applicant enjoys the right as good as that of a patentee, however, the applicant after publication cannot seek infringement proceedings against competitors till the patent is granted. But, once the patent is granted the applicant can claim damages from the infringer from the date of publication. Hence, the early the publication, the better to claim in the infringement damages.

        Expedite publication:

  • To achieve the rights early and to reduce the prosecution time of grant of patent, fast-track publication is provided by the Patent office and upon request with extra fees, the application is published at the earliest.

Step 5 : Request for Examination

After publication, the patent office performs an examination of application only if a request for examination with appropriate fees is filed within 48 months from the date of filing of the application.

Upon receipt of examination request, the examiners conduct an extensive search of the inventions. In case of doubts, the examiner will :

Step 6 : Issuance of Examination Report

Issues examination reports: A first examination report and subsequent examination reports will be issued if the need arises and convey to the applicant or authorized agent. The applicant or authorized agent is required to reply and clear examiners concerns and objections raised by the examiner.

Step 7 : Hearing with the Controller

Call for hearing: In case if the examiner feels and requires a need for examiners, the examiner can call for a hearing which the applicant or agent needs to attend.

Thus, by way of examination reports and hearing, the examiner examines the application

Step 8 : Grant of Patent

After extensive examination, the examiner finally decides upon the grant of application or rejection of the application.

Step 9: Patent Annual Payment/Maintenance fees

After the grant of patent annual payment is to be paid till the life of the patent and the first payment begins after the end of the second year

Step 10: Statement of Working of Patents

Patentees and licenses (if any) need to furnish (within three months from the end of every calendar year), a statement as to the extent to which the invention has been worked in India on a commercial scale in the preceding year.

Benefits of Patenting

Patent Foreign Filing:

As the patent rights are limited to its jurisdiction, an applicant or patentee can file international applications. There are two routes for filing International Application

  • Conventional method: In this method, a form of application needs to be filed in each desired country within 12 months from the first filed application (i.e. the filed Indian Application)
  • PCT Route: In this method, a PCT form needs to be filed within 12 months from the first filed application (i.e. the filed Indian Application). After filling PCT application we further get 30 to 31 months more time to file forms of application in each desired countries. This filling of application forms in desired countries is known as National Phase Entry. The advantage of opting this route is that one gets more time for conducting extensive market research and delays the application cost which in other way needs to be paid within one year and also the prosecution costs in future.

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Frequently Asked Question

What is a patent?

What is a patent?

A patent in an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent. These laws may relate to health, safety, food, security etc.

Further, existing patents in the similar area may also come in the way. A patent in the law is a property right and hence, can be gifted, inherited, assigned, sold or licensed. As the right is conferred by the country, it can be revoked by the country under very special circumstances even if the patent has been sold or licensed or manufactured or marketed in the meantime. The patent right is territorial in nature and inventors/their assignees will have to file separate patent applications in countries of their interest, along with necessary fees, for obtaining patents in those countries.

What is expected from patentee as an obligation to the state?

What is expected from patentee as an obligation to the state?

A patentee must disclose the invention in a patent document for any skilled person to practice it after the expiry of the patent or practice it with the consent of the patent holder during the life of the patent.

What are the conditions to be satisfied by an invention to be patentable?

What are the conditions to be satisfied by an invention to be patentable?

An invention must satisfy the following three conditions of : (i) Novelty (ii) Inventiveness (Non-obviousness) (iii) Usefulness

  1. Novelty: An invention will be considered novel if it does not form a part of the global state of the art. Information appearing in magazines, technical journals, books, newspapers etc. constitutes the state of the art. Oral description of the invention in a seminar/conference can also spoil novelty. Novelty is assessed in a global context. An invention will cease to be novel if it has been disclosed in the public through any type of publications anywhere in the world before filing a patent application in respect of the invention. Prior use of the invention in the country of interest before the filing date can also destroy the novelty. Novelty is determined through extensive literature and patent searches. It should be realized that patent search is essential and critical for ascertaining novelty as most of the information reported in patent documents does not get published anywhere else.
  2. Inventiveness (Non-obviousness): A patent application involves an inventive step if the proposed invention is not obvious to a person skilled in the art i.e., skilled in the subject matter of the patent application. The prior art should not point towards the invention implies that the practitioner of the subject matter could not have thought about the invention prior to the filing of the patent application. Inventiveness cannot be decided on the material contained in unpublished patents. The complexity or the simplicity of an inventive step does not have any bearing on the grant of a patent. In other words, a very simple invention can qualify for a patent. If there is an inventive step between the proposed patent and the prior art at that point of time, then an invention has taken place. A mere ‘scintilla’ of the invention is sufficient to found a valid patent.
  3. Usefulness: An invention must possess industrial utility for the grant of a patent. No valid patent can be granted for an invention devoid of utility.

How is invention defined in the Indian Patent Act which can qualify for grant of a patent?

How is invention defined in the Indian Patent Act which can qualify for grant of a patent?

Invention means a new product or process involving an inventive step and capable of Industrial application. Inventive step means a feature that makes the invention not obvious to a person skilled in the art Capable of Industrial application means that the invention is capable of being made or used in an industry. However, inventions claiming substance intended for use, or capable of being used, as food or as medicine or drug or relating to substances prepared or produced by chemical processes (including alloys, optical glass, semiconductors and inter-metallic compounds) are not patentable. Only process claims are allowed in such cases. Meaning of chemical process would also include the biochemical, biotechnological and microbiological process.

Do i really need professional help to draft and file a patent application?

Do i really need professional help to draft and file a patent application?

This very first question pops up in the mind of a first-time patent applicant. As I am the inventor knows in and out of my invention then why not draft and file application all by myself. Over and above I can always take help of the second brain (read Google search) which having tons of information on how to draft and file application easily.

At PatentOne IP, we tried to find out most probable reasons why Inventor avoid professional services

  1. Cost of professional service
  2. The inventor may feel he/she would be the best person to describe and justify invention thoroughly.
  3. An inventor may have exposure to writing various types of disclosure/research papers in public domain.
  4. The inventor might have under the impression it just documentation and procedure and don’t need professional service.
  1. Cost of Professional Service: –

Many inventors come up with a unique idea which has a huge benefit to society & has potential to be a patentable subject matter. But unfortunately, refrain themselves from filing patent application due cost of professional service.

However, few inventor tries to refer internet for help then proceed drafting & filing accordingly. Some people may get through this method. But most of them ultimately face rejection of application due various to reasons. For instance, the drafted document is non-complaint with Indian patent office requirements. Sometimes applicant misses important forms to submit along with the draft.

So we generally advise inventor to seek professional services. As the professional who is drafting application on your behalf is a technical person & who also knows patent laws thoroughly.  So he/she can make appropriate techno legal document which provides utmost protection to your invention.  Also, the professional drafting your application has spent many years to learn the skill of drafting by practicing and drafting hundreds of applications. Also, the professional has to clear qualifying exam of patent attorney /patent agent.

  1. An inventor may feel he/she would be the best person to describe and justify invention thoroughly:-

An inventor may have exposure to writing public disclosures in scientific journals, publishing research work on different platforms, which is completely different than drafting a patent application. A patent application is a combination of a technical & legal write-up in a single document. Which need to use certain legal terminology according to governing patent law. Also, patent drafter needs to define the invention in such broader scope that it cannot be breached by other applicants by changing few things in an invention and reapply for fresh patent Application. Also, utmost care should be taken while drafting application that it should not much broader in scope which turns out to be a vague write-up.

  1. The inventor might under the impression it just documentation and procedure and don’t need professional service:-

While filing patent application one need to file multiple forms. Which can be filed by inventor provided he knows set of required forms to submit, but as discussed above the crux of patent filing is specification drafting and which need to done by an expert to get optimum protection to your invention.

Choosing right professional service provider for your patent drafting and filing:-

  • Most of the inventor makes a mistake by choosing lowest service cost provider which may turn out to be the biggest blunder in patenting.

We feel the cost is essential component of decision-making process but it should be judged along with knowledge of patent attorney /patent agent.

Moreover, Willingness to provide appropriate IP strategy which suits best to the inventor. Also provide support for post-patent filing procedure, prosecution, commercializing patent.

  • Another set of inventor makes mistake by choosing most expensive professional. By charging more fees may not necessarily provide best support and service.

So choose your patent attorney /patent agent wisely

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Is it possible to patent my mobile app?

Is it possible to patent my mobile app?

This most tricky question to answer. As per section 3k of patent act, any algorithm, mere computer program or business method is not patentable in India.

So, as far as the mobile application is concerned just software /code which run the mobile application is not patentable in India.

If the inventor has some unique /inventive step in the mobile application process, along with it has some hardware component ( not the just mobile device as a hardware, maybe, for instance, cervical cancer diagnosis probe as attachable hardware to the app) can be patentable.

/expand]

Is it possible to get my software related invention patented?

Is it possible to get my software related invention patented?

As explained above mere computer programme /code is not patentable under section 3 k of patent act.  Can be patented if it has some unique hardware component as part of the complete system along with software.

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Is it possible to patent food/drink?

Is it possible to patent food/drink?

Many clients come to us with a very common question is “can we patent food or drink ?”

The answer to question is big YES! As per patent amendment 2005 of the Indian patent act 1970

There to type’s patent application can be filled relating to food/drink

  1. Composition of Matter
  2. The process of Making Product
  1. A composition of Matter:-

Patent amendment 2005 of Indian patent act 1970 has product patent protection for a pharmaceutical composition, chemical composition along with food composition.

For patenting food /drink it must qualify few criteria’s

Utility: – it should have at least one nutritional value no matter for human or for a pet so it successfully passes criteria of utility

Non Obviousness: – Mere mixture of ingredient off the self and getting an obvious result is not patentable. The mixture should like never done before or known mixture should be done in the different (controlled) environment which delivers non-obvious result can be patentable.

  1. A process of Making Product: –

A process of making recipe has a higher probability of granting patent than the composition of food ingredients patent application. If the process of making recipes involves mixing, frying, baking, melting, grilling, aging, whisking, freezing, drying and so on, those steps may be involved in processing and found out to be inventive and the outcome is nonobvious/novel then such process of making recipe /product is patentable.

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What are the types of inventions which are not patentable in India?

What are the types of inventions which are not patentable in India?

An invention may satisfy the condition of novelty, inventiveness and usefulness but it may not qualify for a patent under the following situations:

  1. an invention which is frivolous or which claims anything obviously contrary to well established natural laws
  2. an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human , animal or plant life or health or to the environment
  3. the mere discovery of scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature
  4. the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant
  5. a substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance
  6. the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way
  7. a method of agriculture or horticulture
  8. any process for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products
  9. plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals
  10. mathematical or business method or a computer program per se algorithms
  11. a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions
  12. a mere scheme or rule or method of performing mental act or method of playing a game
  13. a presentation of information
  14. the topography of integrated circuits
  15. an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of the traditionally known component or components
  16. inventions relating to atomic energy

When should an application for a patent be filed?

When should an application for a patent be filed?

Filing of an application for a patent should be completed at the earliest possible date and should not be delayed. An application filed with the provisional specification, disclosing the essence of the nature of the invention helps to register the priority by the applicant. Delay in filing an application may entail some risks like (i) other inventors might forestall the first inventor by applying for a patent for the said invention (ii) there may be either an inadvertent publication of the invention by the inventor himself/herself or by others independently of him/her.

Can a published or disclosed invention be patented?

Can a published or disclosed invention be patented?

No, publication of an invention in any form by the inventor before the filing of a patent application would disqualify the invention to be patentable. Hence, inventors should not disclose their inventions before filing the patent application. The invention should be considered for publication after a patent application has been filed. Thus, it can be seen that there is no contradiction between publishing an inventive work and filing of the patent application in respect of the invention.

What is considered as the date of patent?

What is considered as the date of patent?

The date of patent is the date of filing the application for patent (whether provisional or complete). The term of the patent is counted from this date

What is the term of a patent in the Indian system?

What is the term of a patent in the Indian system?

The term of the patent is 20 years from the date of filling for all types of inventions

How does one keep a patent in force for the full patent term?

How does one keep a patent in force for the full patent term?

A patent has to be maintained by paying the maintenance fees every year. If the maintenance fees is not paid, the patent will cease to remain in force and the invention becomes open to the public. Anyone can then utilize the patent without the danger of infringing the patent.

What are the essential patent documents to be generated and submitted by a potential patentee?

What are the essential patent documents to be generated and submitted by a potential patentee?

There are two types of patent documents usually known as patent specification, namely (i) Provisional Specification and (ii) Complete Specification

Provisional Specification
A provisional specification is usually filed to establish priority of the invention in case the disclosed invention is only at a conceptual stage and a delay is expected in submitting full and specific description of the invention. Although, a patent application accompanied with provisional specification does not confer any legal patent rights to the applicants, it is, however, a very important document to establish the earliest ownership of an invention. The provisional specification is a permanent and independent scientific cum legal document and no amendment is allowed in this. No patent is granted on the basis of a provisional specification. It has to be a followed by a complete specification for obtaining a patent for the said invention. Complete specification must be submitted within 12 months of filing the provisional specification. It is not necessary to file an application with provisional specification before the complete specification. An application with complete specification can be filed right at the first instance.

Complete Specification
Submission of a complete specification is necessary to obtain a patent. The contents of a complete specification would include the following:

  1. Title of the invention
  2. Field to which the invention belongs
  3. Background of the invention including prior art giving drawbacks of the known inventions & practices
  4. A complete description of the invention along with experimental results, if any
  5. Drawings etc. essential for understanding the invention
  6. Claims, which are statements, related to the invention on which legal proprietorship is being sought and therefore the claims have to be drafted very carefully
  7. Abstract of the invention

What are the criteria for naming inventors in an application for patent?

What are the criteria for naming inventors in an application for patent?

The naming of inventors is normally decided on the basis of the following criteria:

  1. All persons who contribute towards development of patentable features of an invention should be named inventor(s).
  2. All persons, who have made intellectual contribution in achieving the final results of the research work leading to a patent, should be named inventor(s).
  3. A person who has not contributed intellectually in the development of an invention is not entitled to be included as an inventor.
  4. A person who provides ideas needed to produce the “germs of the invention” need not himself / herself carry out the experiments, constructs the apparatus with his/her own hands or make the drawings himself/herself. The person may take the help or others. Such person who have helped in conducting the experiments, constructing apparatus or making the drawings or models without providing any intellectual inputs are not entitled to be named inventors.

Quite often difficulties are experienced in deciding the names of inventors. To avoid such a situation, it is very essential that all scientists engaged in research should keep factual, clear and accurate recorded of daily work done by them in the form of diary. The pages in the diary should be consecutively numbered and the entries made be signed both by the scientists and the concerned leader.

What is the nature of information needed while consulting a patent attorney?

What is the nature of information needed while consulting a patent attorney?

As an inventor one should share the complete invention with a patent attorney in the same manner as a patient confides in a doctor. As a doctor may not be able to write a correct prescription without knowing the details of the disease/problem, a patent attorney may not be able to draft a good specification in the absence of details about the invention. Following points should be kept in mind while discussing with the attorney:

  1. Provide complete details of the invention including failures, if any, on the way to the invention. Do not feel bad if attorney asks you questions like where did you get the idea from or did you copy the idea from somewhere or are you keeping other inventors working with you on the inventor ship or have you published the invention or disclosed it in a seminar/conference or have you displayed the invention in an exhibition? A patent document is a techno-legal document; hence all precautions are to be taken right from the first step. Provides right answers and you may even show your laboratory note book/log book to the attorney. This will help the attorney / agent to explain the inventive step in a precise manner and draft a good specification and associated claims.
  2. Explain the central theme of the invention and novelty, inventiveness and utility of the invention
  3. Share all the prior art documents in your possession with the attorney
  4. If you have developed an improved version of your competitor’s product/process, admit it and be totally honest; This would help the attorney in drafting precise claims and avoid excessive claims, which might be struck down immediately or at a later date
  5. A detailed description of the best way of putting the invention into practical use, results of your tests and trials, etc., including all failures and defects should be given to the attorney
  6. Alternative ways of using the invention, and the substitutes or parts of it i.e., will one chemical compound do as well as any other in the process
  7. It may be worth drafting the patent widely enough to cover less satisfactory alternatives as well so as to prevent rivals from marketing a less satisfactory competing product which because of its defects might bring the whole genre of product into disrepute or which may be cheap and
  8. Both after an initial search and during the course of the filing and grant of a patent application, it is important to respond quickly and accurately to queries which the patent attorney may have. Thus the client should keep the patent attorney informed of any new developments in the field of invention carried by the patentee or someone else.

What is opposition under the Indian Patents Act 1970?

What is opposition under the Indian Patents Act 1970?

Oppositions may be pre-grant or post grant. After filing of complete specification, the Patent Office publishes the title of the invention, name of the inventor(s) and the applicant(s) and abstract of the invention. Pre-grant oppositions may be filed, by any person, after publication and before grant.
After the Patent Office has examined an application and found it in order for grant of a patent, it publishes the title of the invention, name of the inventor(s) and the applicant(s), abstract of the invention, drawings and claims in the Gazette of India, for interested parties to oppose the grant of the patent, i.e. post grant opposition. An application for opposition may be filed at the concerned Patent Office branch within one month from the date of the publication of the concerned gazette. Typed or photocopies of the specification together with photocopies of the drawings, if any, can be obtained from the Patent Offices on payment of the prescribed fees. One would like to oppose if the idea of the accepted application infringes upon one’s invention/existing patent, if the coverage of the proposed patent is very wide which may be detrimental to one’s research or if the idea is not novel and so on.

What is the distinction between patented invention and know how?

What is the distinction between patented invention and know how?

The law does not require that the information disclosed in the patent specification be sufficient for commercial exploitation of the invention. Thus, patent usually will not disclose sufficient information for commercialization. Know how on the other hand, covers all information necessary to commercialize the invention e.g. setting up a production plant. Such information would include, for example, details of the production methods, the design drawings etc. It is this knowhow which is traded while transferring technology. Know how is always kept as a trade secret and not shared with public. Know how is not protected through patents as most of it is non-patentable matter and one does not take patent on the remaining parts to avoid public disclosure. A know how developed around an existing patent and commercialized subsequently may be an infringement of the patent unless the patentee has agreed to commercialization on mutually agreed terms.

Is a patent granted in one country enforceable in other countries?

Is a patent granted in one country enforceable in other countries?

No. There is nothing like a global patent or a world patent. Patent rights are essentially territorial in nature and are protected only in a country (or countries) which, has (have) granted these rights. In other words, for obtaining patent rights in different countries one has to submit patent applications in all the countries of interest for grant of patents. This would entail payment of official fees and associated expenses, like the attorney fees, essential for obtaining patent rights in each country. However, there are some regional systems where by filing one application one could simultaneously obtain patents in the member countries of a regional system; European Patent Office is an example of a similar system.

Does grant of a patent in one country affect its grant or refusal in another country?

Does grant of a patent in one country affect its grant or refusal in another country?

Each country is free to grant or refuse a patent on the bases of scrutiny by its patent office. This means that granting a patent in one country of the Union does not force other countries to grant the patent for the same invention. Also, the refusal of the patent in one country does not mean that it will be terminated in all the countries.

What do you understand by the right of priority and what is its significance?

What do you understand by the right of priority and what is its significance?

The date from which patent right is deemed to start is usually the date of filing of specification. To obtain rights in other member countries, the application must be filed on the same day in other member countries if it is desired to have the rights started from the same day. However, there are practical difficulties in synchronizing the activities. For facilitating simultaneous protection in member countries, the Convention provides that within 12 months of national filing, if patent applications are filed in those member countries, the patents, if granted in member countries, will be effective from the date of national filing. This right is known as the right of priority. In other words you maintain the priority or the same date of filing in all the member countries and no one else in those countries can obtain the patent rights on a similar/identical invention from the same or a later date.
In case the applicant after a second look at the patent application finds that the patent contains more than one invention or on his own accord wishes to divide the application, he can claim the initial date of priority for subsequent patent applications. The applicant may also, on his own initiative, divide a patent application and preserve as the date of each divisional application the date of the initial application and the benefit of the right of priority, if any. Each country of the Union shall have the right to determine the conditions under which such division shall be authorized.
Priority may not be refused on the ground that certain elements of the invention for which priority is claimed do not appear among the claims formulated in the application in the country of origin, provided that the application documents as a whole specifically disclose such elements.

What is patent cooperation treaty (PCT)?

What is patent cooperation treaty (PCT)?

The patent cooperation treaty (PCT) is a multilateral treaty entered into force in 1978. Through PCT, an inventor of a member country (Contracting state of PCT can simultaneously obtain priority for his/her invention in all / any of the member countries, without having to file a separate application in the countries of interest within 12 months as in case of conventional application, by designating them in the PCT application. India joined the PCT on December 7, 1998

Who coordinates the activities of PCT?

Who coordinates the activities of PCT?

All activities related to PCT are coordinated by the World Intellectual Property Organization (WIPO) situated in Geneva

What is the need for PCT?

What is the need for PCT?

In order to protect your invention in other countries, you are required to file an independent patent application in each country of interest; in some cases, within a stipulated time to obtain priority in these countries. This would entail a large investment, within a short time, to meet costs towards filing fees, translation, attorney charges etc. In addition you are making an assumption which, due to the short time available for making the decision on whether to file a patent application in a country or not, may not be well founded .
Inventors of Contracting States of PCT on the other hand can simultaneously obtain priority for their inventions without having to file separate application in the countries of interest; thus saving the initial investments towards filing fees, translation etc. In addition the system provides much longer time for filing patent application in member countries. The time available under Paris Convention for securing priority in other countries is 12 months from the date of initial filing. Under the PCT, the time available could be as much as minimum 20 and maximum 31 months. Further, an inventor is also benefited by the search report prepared under the PCT system to be sure that the claimed invention is novel. The inventor could also opt for preliminary examination before filing in other countries to be doubly sure about the patentability of the invention.

How are patent applications under PCT handled?

How are patent applications under PCT handled?

The patent office or any other office designated by each contracting state becomes a receiving office for receiving patent applications. These applications are referred to International Searching Authorities (ISA) which usually the patent offices, appointed to carry out the patent search on a global basis. In case the receiving office is also an ISA, a separate referral is not required. There is also a provision to get a patent application examined by international preliminary Examining Authorities which, in most cases are ISA.

What is the meaning of delayed processing of the application by the national phase or the regional phase?

What is the meaning of delayed processing of the application by the national phase or the regional phase?

A search report on the patent application filed with a receiving office is received by the applicant/inventor 16 months after the priority date which is nothing but the date of submitting the application in the receiving office. The International Bureau of the WIPO publishes the application and the search report 18 months after the priority date. The original application is then sent to the designated offices indicated in the application. Within two months of this i.e. by the 20th month, the applicant will have to formally apply to the patent offices of these countries for grant of patents by paying official fees and completing other formalities stipulated by these offices (some countries). In case translated copies of the application are required, the same has to be furnished by the applicant. In spite of submitting the request for grant of patents in designated countries in the 20th month after the priority date, the priority in these countries is the same as the date of filing the original PCT application.
If applicant/inventor has requested for an examination report, the report is usually received by the applicant /inventor about 28 months after the priority date. Within two months of this, the applicant/inventor will have to formally apply for grant of patents in designated countries .The priority of the application is maintained in the designated countries.

What is the benefit of the delayed processing?

What is the benefit of the delayed processing?

  1. By the end of the 20th to 31st month the applicant is in a better position to assess the quality of the invention being protected as a detailed search report or an examination report or both would be available to help making an assessment.
  2. Applicants can re-evaluate their decision about filing applications in all the designated countries after a long gap of 20 to 31 months.
  3. If not satisfied, applicants may decide to drop a few countries from the list. This decision would also be influenced by the changing market conditions.
  4. Applicants can delay their investment in respect of the national phase or the regional phase applications by 20 to 31 months without sacrificing priority.

Which is the appropriate office in India in relation to international applications?

Which is the appropriate office in India in relation to international applications?

An international application can be filed in any of the Branch Offices of the Patent Office located at New Delhi, Chennai, Mumbai and Kolkata (Head Office). Any of these Offices shall function as receiving office, designated office and elected office for the purpose of international applications filed under the Treaty.
An international application shall be filed in the Patent Office which would process the application in accordance with these rules and the provision under the PCT.

Will an international application designating India be treated as an application for grant of patent under the 1970 Act?

Will an international application designating India be treated as an application for grant of patent under the 1970 Act?

Yes, an international application designating India shall be treated as an application for patent under the Act.

Where do you pay the fees and in which currency?

Where do you pay the fees and in which currency?

All types of fees are payable at the receiving office and it is the responsibility of the receiving office to remit the search fees to the concerned office if the receiving office is not the search authority. Similarly, all other charges due to other agencies would be remitted by the receiving office. The fees are payable in the currency acceptable to the receiving office as an Indian you can pay all the fees in Indian rupees.

Procedure for patent registration in India / How to get patent in India/ How to apply for patent in India ?

Procedure for patent registration in India / How to get patent in India/ How to apply for patent in India ?

  1. Preparing/drafting your patent application: Drafting patent application is the process of crafting techno-legal story writing of the invention.
  2. Filing prepared/drafted patent application at Indian Patent Office (IPO): The patent application can be filed at regional offices of IPO situated in Delhi, Mumbai, Chennai and Kolkata based on Sec 2.& Sec 74.
  3. Prosecuting patent application: Includes activities like replying to examinations reports, attending hearing, handling oppositions.
  4. Acknowledgement of grant of patent or rejection of patent application: Patent office notifies the grant of patent or rejection of patent application
  5. Maintenance of patent in case of grant: Payment of renewal fee and filing working of patent statements

Types of Patent Specification / Types of Patent applications?

Types of Patent Specification / Types of Patent applications?

  1. Provisional patent application/specification is drafted when the proposed invention is in a conceptual stage. The provisional patent application/specification is filed to obtain a priority date.
  2. Non-provisional/complete patent application/specification after filing of provisional patent application/specification is drafted and filed within or on completion of 12 months from the priority date of the provisional patent application/specification. If the Non-provisional/complete patent application/specification is not filed on or before completion of 12 months from the priority date of the provisional patent application/specification, then the filled provisional patent application/specification gets lapsed. The priority date of the non-provisional/complete patent application/specification after filing provisional will be the priority date of the provisional patent application/specification.
  3. Direct non-provisional/complete applications/specification is drafted when the proposed invention is complete with detailed information of elements, working and experimentation. The priority date will be same as the date of filing of the Direct non-provisional/complete applications/specification.

How to draft Patent Application?

How to draft Patent Application?

  1. A typical provisional patent application include field, background, objects, brief description of drawings, detailed description, technical advancement or economical significance.
  2. A typical non-provisional/complete patent application include field, background, summary, objects, brief description of drawings, detailed description, technical advancement or economical significance, tehno-legal Claims and Abstract.

Brief details as below:

Field: Broadly defines are of technology within which the proposed invention fall or is related to.
Background: Known systems and/or processes are described which demonstrate that there are still existing problems or deficiencies in the known systems and/or processes.
Objects: Key points or development of proposed invention that meet and resolve the existing problems or deficiencies.
Summary: Briefly describes the proposed invention with key features and/or processes for accomplishing the objects.
Brief description of drawings: As the title suggests, this section briefly describes the drawings of the proposed invention illustrating key features and/or process.
Detailed description: Fully describes each feature, components, elements, structural inter-connections, operational/functional connections and/or each step of a process which achieves the desired objects.
Tehno-legal Claims: Defines protection metes and bound of the proposed invention and particularly what others are prevented from making, buying, selling etc.
Abstract: Synopsis of the proposed invention having 150 words limit.

Types of Patent Application & Regional Patent Offices with Jurisdiction India

Types of Patent Application & Regional Patent Offices with Jurisdiction India

Types of Applications:-

  • Ordinary applications
  • Patent of addition applications
  • Patent of division applications
  • PCT International Phase Applications
  • PCT National Phase Applications

Applications shall be submitted at respective Intellectual Property Offices in India either through online forms submission procedure or by submitting duly signed hard copies by authorized signatories at respective Intellectual Property Offices.

Regional Patent Offices with Jurisdiction India:-

New Delhi
Intellectual Property Office
Intellectual Property Office Building
Plot No. 32, Sector 14
Dwarka, New Delhi-110075
Phone : 011-28034304,
28034305 28034306
FAX : 011- 28034301,02
EMAIL: delhi-patent@nic.inTERRITORIAL JURISDICTION:
The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi and the Union Territory of Chandigarh

Kolkata
Intellectual Property Office
Intellectual Property Office Building
CP-2 Sector V, Salt Lake City
Kolkata-700091
Phone : 23671945, 1946, 1987
FAX : 033-2367-1988
EMAIL: kolkata-patent@nic.inTERRITORIAL JURISDICTION:
The rest of India

Chennai
Intellectual Property Office
Intellectual Property Office Building
G.S.T. Road
Guindy, Chennai-600032
Phone : 044-22502081-84
FAX : 044-22502066
EMAIL: chennai-patent@nic.inTERRITORIAL JURISDICTION:
The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and Lakshadweep

Mumbai
Intellectual Property Office
Boudhik Sampada Bhawan
Near Antop Hill Post Office
S.M.Road,Antop Hill
Mumbai – 400 037.
Phone : 24137701, 24141026,
FAX : 24130387
EMAIL: mumbai-patent@nic.inTERRITORIAL JURISDICTION:
The States of Maharashtra, Gujarat, MadhyaPradesh, Goa and Chhattisgarh and the Union Territories of Daman and Diu & Dadra and Nagar Haveli

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Patent Registration in Pune
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Patent Registration in Pune
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Description
A patent is an exclusive right granted by the government to the inventor to exclude others from making, using, selling and importing an invention which is a new and having inventive solution to an existing problem. The patent rights are granted for a limited period usually 20 years from the date of first patent application . File your Patent Application Online in INR 17500/- ( all inclusive)