How to get Patent in India Step by step easy to understand Guideline on Patent procedure time line and cost of getting patent in India
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What will you learn from this short report? Contents How to get Patent in India ..................................................................................... 1 What will you learn from this short report? ........................................................... 2 10 steps in getting Patent in India for invention .................................................... 4 How can I get patent in India for my project, idea or a product? ........................... 4 Procedure for patent registration in India .............................................................. 6 What are advantages of getting patent in India? ................................................. 11 I am a research student; do I need to be aware of patent on my research area? 13 When should I consider filing patent in India? ..................................................... 14 Do I have an invention that can win patent in India? ........................................... 16 What is a provisional patent application? ............................................................ 17 5 things that decide whether your invention can be patented in India ................ 19 Do I need patent agent in India to file a patent ? ................................................. 21 What is cost of patent registration in India? ........................................................ 22 Shall I apply for patent in India on my name? or on my company name .............. 29 How to get world patent? .................................................................................... 30 What are contents of complete Patent Application ............................................. 32 How much money can I make by patenting my invention? .................................. 33 Trademark Registration India ............................................................................... 35 What is a trade mark? .......................................................................................... 35 ©2016 Patent in India website http://patentinindia.com/
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Different types of trademark: .............................................................................. 37 The procedure for registering trademark in India ................................................ 37 What is Patent in India platform? ........................................................................ 40 Company profile and Clients ................................................................................ 40 How to start? or How to proceed from here ? ..................................................... 41
©2016 Patent in India website http://patentinindia.com/
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10 steps in getting Patent in India for invention Step by step easy to understand guideline on patent in India
Video: Patent procedure, time line and costing a short introduction (14 minutes)
How can I get patent in India for my project, idea or a product? This is most common question raised in minds of anyone who becomes interested in knowing about patent in India and protecting the invention. This question comes from every sector and domain imaginable. You may be Business owner : with an idea or product to patent Research Scientist : with a new concept, formula to patent Professional (employee) : with new idea for software or business method ©2016 Patent in India website http://patentinindia.com/
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ME or PHD holder : with research project to patent Student : with intent to learn more about patents and how they can protect your ideas The word “patent” continues to be most sought after word in business and Research and development community that is being searched over internet for more information and guidance... Possibly, you are influenced by reading about patent related news and influenced by the idea of owning intellectual property right for invention, And you are trying to find information on What is patent? Is my idea patentable? How to apply for patent in India? How much it costs to get patent in India ? You can read this information at many places online, in blogs, from government website on patent and from books. Yet it is not always easy to understand for every one coming from different background and different mindset. Moreover, many times questions like these may not have straight forward answers. Like any other law, Patent Law also involves certain degree of complexity. So the best advice would be... Get patent professional involved for writing and filing patent
You would be amazed to find out the value added by a professional patent agent or patent attorney when working on your idea and filing patent.
©2016 Patent in India website http://patentinindia.com/
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Honestly saying, there are some inventors who have written their patents on their own, with unbelievable quality of balancing technical and legal aspects of patent, that it astonishes even experienced patent professionals. But this is rare case, more often than not people need professional help since patent is not only a technical document... it is a techno - legal document. Having an experienced patent professional (patent agent) guiding you through the process of getting your invention patented can make a large impact to an extent of patent granted or patent rejected.
Procedure for patent registration in India
Step 1: Write down the invention (idea or concept) with as much details as possible Collect all the information about your invention such as: Area of invention Description of the invention what it does How does it work Advantages of the invention Ideally, if you have worked on the invention during research and development phase you should have something call lab record duly signed with date by you and respective authority.
Step 2: include drawings, diagrams or sketches explaining working of invention ©2016 Patent in India website http://patentinindia.com/
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The drawings and diagrams should be designed so as to explain the working of the invention in better way with visual illustrations. They play an important role in patent application.
Step 3: check whether the invention is patentable subject matter All inventions may not be patentable, as per Indian patent act there are certain inventions that are not patentable explained in detail in(inventions not patentable)
Step 4: Patentability search The next step would be finding out whether your invention meets all patentability criteria as per Indian patent act? That is, Novelty Non-obviousness Industrial application Enabling The detailed explanation for patentability criteria is given here (what are patentability criteria’s). The patentability opinion is provided by the patent professionals up on conducting extensive search and forming patentability report.
Step 4: Decide whether to go ahead with patent
©2016 Patent in India website http://patentinindia.com/
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The patentability report and opinion helps you decide whether to go ahead with the patent or not, chances are what you thought as novel might already been patented or know to public in some form of information. Hence this reports saves lots of time, efforts and cost of the inventor by helping him decide whether to go ahead with the patent filing process or not.
Step 5: Draft (write) patent application In case you are at very early stage in the research and development for your invention, then you can go for provisional specification. It gives following benefits: Secures filing date 12 months of time to file complete specification Low cost After filing provisional application, you secure the filing date which is very crucial in patent world. You get 12 months of time to come up with the complete specification, up on expiry of 12 months your patent application will be abandoned. When you complete the required documents and your research work is at level where you can have prototype and experimental results to prove your inventive step you can file complete specification with patent application. Filing the provisional specification is the optional step, if you are at the stage where you have complete information about your invention then you can directly go for complete specification. Step 6: Publication of the application ©2016 Patent in India website http://patentinindia.com/
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Up on filing the complete specification along with application for patent, the application is published after 18 months of first filing. An early publication request can be made along with prescribed fees if you do not wish to wait till the expiry of 18 months from the date of filing for publishing your patent application. Generally the patent application is published within a month form request form early publication.
Step 7: Request for examination The patent application is examined only after receiving request for examination that is RFE. Up on receiving this request the controller gives your patent application to a patent examiner who examinees the patent application with different patentability criteria like: Patentable subject matter Novelty Non-obviousness Inventive step Industrial application Enabling The examiner creates a first examination report of the patent application upon reviewing it for above terms. This is called patent prosecution. Everything happening to patent application before grant of patent is generally called as patent prosecution. ©2016 Patent in India website http://patentinindia.com/
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The first examination report submitted to controller by examiner generally contains prior arts (existing documents before the date of filing) which are similar to the claimed invention, and same is reported to patent applicant.
Step 8: respond to objections Majority of patent applicants will receive some type of objections based on examination report. The best thing to do it analyze the examination report with patent professional (patent agent) and creating a response to the objections raised in the examination report. This is a chance for an inventor to communicate his novelty over prior arts found in the examination report. The inventor and patent agent create and send a response to the examination that tries to prove to controller that his invention is indeed patentable and satisfies all patentability criteria’s.
Step 9: clearing all objections This communication between controller and patent applicant is to ensure that all objections raised in the patent application are resolved. (if not the patent will not be granted ) and the inventor has his fair chance to prove his point and establish novelty and inventive step over existing prior arts. Up on finding the patent application in order of grant, it is grant to the patent applicant as early as possible. Step 10: Grant of patent ©2016 Patent in India website http://patentinindia.com/
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The application would be placed in order for grant once it is found to be meeting all patentability requirements. The grant of patent is notified in the patent journal which is published time to time. Get Free preliminary guidance about your patent requirement reach patent experts agent and companies here
What are advantages of getting patent in India? This is common question being asked many times by inventors in hope of judging whether it is really worth to go for filing patent for the invention. Before answering this question, I would ask what are the advantages of having a real estate property on your name? You can rent it You can sell it You can stop others from using it without your permission You can use it for your purpose (business or residence) on similar terms, patent is an intellectual property and has all the advantages stated above, but you need to claim it to be on your name, hence the filing of patent application for your invention. There is a difference though, Unlike real estate the patent has the term of 20 years of ownership. after that they are open to be used by anyone. Hence the Patents system are built to encourage the innovation and growth of the economy be providing patent winner and exclusive right on the invention (intellectual property) for limited time. Advantages of owning patent would be: ©2016 Patent in India website http://patentinindia.com/
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You own the invention for given time (20 years) You can use it to build a business Rent it (in this case license it) to existing businesses Exclude all others for using, selling, offering for sale and importing your invention in your country You can completely sell the patent to other company hence this gives a unique advantage to patent owner which can be leveraged for: 1)
Building business around the invention
2)
Having patent helps in raising capital for business
3) Patent rights can be licensed to other companies to receive royalty payments 4)
You can sell the patent
5)
Being owner of the patent you have rights to block others from
a)
making,
b)
using,
c)
selling or offering for sale, and
d)
importing the patented invention
6) Thus businesses and inventors can have a complete monopoly and competitive advantage
©2016 Patent in India website http://patentinindia.com/
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I am a research student; do I need to be aware of patent on my research area? As a research student, you need to be very careful that you are not putting all of your efforts in something which is already invented and patented. If that becomes the case, you would be re inventing wheel and probably all your research efforts are not worth whole a lot. Having said that, we have also seen many people working on particular invention gets discouraged up on finding hundreds and thousands of patent from their domain and similar to their technology... Getting patent is NOT always about inventing something earth breaking solution, Many patents are awarded for inventions that are either technically advance or economically significant to the existing patents (or prior art) So, a prior art documents or patents that are already existing can be 99% similar to your invention Yet, if your invention has either technical advance or economic significance or both... and you can prove it that your invention is better than existing ones by means of results comparisons testing and if possible working model, then there is a strong possibility that you may get patent for your invention. The best way to take this judgment is get help from patent professional, The novelty search (also called as patentability search) is performed for the same reason, This patentability search, done right, can yield pretty fantastic results for your invention;
It can tell you what part of your invention is already covered and what could be novelty feature...
it can tell you where you can focus you research work to get maximum level of protection with you patent
©2016 Patent in India website http://patentinindia.com/
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and it gives a review about whether it is appropriate to proceed with patent filing process
When should I consider filing patent in India?
Filing of the patent application should be the first priority at any stage of your research and development, even before you publish the invention and or disclose it in a speaking or to a group of people. Filing patent in India should be taken at priority to obtain appropriate protection for your research work. However, There are instances where you need to disclose the invention before applying for patent like, discussing with patent professionals, supervisors, partners, technical assistants etc. Or when you are doing initial analysis of commercial worth of the invention before applying for patent, In such instances you need to protect the confidentiality of it by way of signing a Non disclosure agreement (NDA) by parties to whom you are disclosing the invention. The best thing to do would be filing a provisional application if you are at early stage in research and development. This provisional specification discloses the nature of the invention. This document helps in securing date of application even if you are not completely ready with the invention to be protected. You get 12 months of time to file complete specification and decide whether or not to go ahead with entire procedure for applying for patent, which is time consuming and costly.
©2016 Patent in India website http://patentinindia.com/
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If you could not file the patent application on time, or delayed the step to apply for patent, following things may happen;
Other inventors doing research work in same field of your invent may file the application for patent (in India it is first to file system) then you will lose the opportunity.
There may be some information similar to your invention gets published may be as a research report or a technical blog etc, which can become a prior art and completely eliminate the possibility of getting patent. Since your invention becomes public knowledge before you apply for patent
Hence, it is sensible to apply for patent even if with provisional specification as early as possible and secure the date for your invention. Although, it is not always necessary to go for provisional specification, you can directly file complete specification with the application for patent if you are ready with the information to be protected. The inventors seeking patent protection can be found in different stages: Some seek patent protection at initial ideation stage and some seek patent protection after publication of the invention and displaying it in public without proper confidentiality measures. And within these two lies intermediate phases of research. Being too early and too late in patent application is harmful. If you are too early, you may be in a ideation stage and can lose crucial time, since you might not yet figured out what to do next and no planning exist, so you might miss opportunities to appropriately commercialize the patent. ©2016 Patent in India website http://patentinindia.com/
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And if you are too late, chances are you would lose the priority or even invention since someone else come up with same patent application before you file one.
Do I have an invention that can win patent in India? Knowing whether you have the invention worth patent protection in India or not need to address multiple questions before coming to conclusion; But probably most important of all would be a question that you as an inventor need to answer is “whether I have sufficient information about my invention that I can represent in a format in such a way that it can enable a person skilled in the art can reduce it to practice?” In other words “Do I know my invention with such a granular detail that up on reading my patent on the invention any person who is skilled in the field of my invention can perform the invention without any difficulty?” If the answer to above question is yes!!! Then it’s time that you should go for patent protection. Having said that, there are still ways you can protect your invention even if it is not completely clear to you. As explained below: You find yourself in a situation where you do have an invention which is patentable and commercially worthwhile to get patented. But your answer to above question is No!!! Since you don’t yet know the missing pieces of the information about your invention and the description of invention is not yet enabling.
©2016 Patent in India website http://patentinindia.com/
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Still you can secure the date of priority (which is very important) by going for provisional specification while applying for patent In case you are at very early stage in the research and development for your invention, then you can go for provisional patent application. It gives following benefits:
Secures filing date
12 months of time to file complete specification
Low cost
After filing provisional application, you secure the filing date which is very crucial in patent world. You get 12 months of time to come up with the complete specification, up on expiry of 12 months your patent application will be abandoned.
What is a provisional patent application? When you are at a stage in your research and development work where, it can be disclosed on paper but it’s not a final invention, then you can prepare a description of the invention as provisional specification and submit to patent office to secure the priority date of the invention. It gives following benefits:
Secures filing date 12 months of time to file complete specification Low cost
When you complete the required documents and your research work is at level where you can have prototype and experimental results to prove your inventive step you can file complete specification.
©2016 Patent in India website http://patentinindia.com/
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Filing the provisional specification is the optional step, if you are at the stage where you have complete information about your invention then you can directly go for complete specification. A provisional specification is not a rough draft; it defines the field of invention and also defines the scope of the invention to certain extent. Even if you file complete specification later it does not replace the provisional specification, it still remains in the record. The patent office accords the filing date and patent application number to the provisional specification received. If the complete specification is not filed within 12 months from the filing date of provisional specification, the patent application is treated as deemed to have been abandoned. Contents of Provisional Specification 1. Title of the invention 2. Description of the invention starts with preamble ‘The following Specification describes the invention.’ 3. The description contains 1. The field of invention and containing the background of the invention, 2. Object of the invention and statement of the invention. Claims may not be part of the Provisional Specification
©2016 Patent in India website http://patentinindia.com/
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5 things that decide whether your invention can be patented in India
How can I find out whether my invention is patentable? This is probably the first question that may arise in your mind if you are looking to get protection for your research and development (invention). so let’s see how to patent an idea in India 5 things that decide whether your invention can be patented in India: 1. Invention should be Patentable subject matter 2. It should be Novel 3. It should be Non-obvious (inventive-step) 4. Invention should have Industrial application 5. And it should be enabling Let’s discuss all 5 criteria’s one by one Invention should be patentable subject matter: Patent act in India has specified certain subject matters are not eligible for getting patent in india. Some of these areas are; Inventions related to atomic energy abstract ideas laws of nature or anything contrary to well established natural laws physical phenomenon discovery of any living thing or non living substance ©2016 Patent in India website http://patentinindia.com/
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method of agriculture or horticulture new form of know substances method of playing games any aesthetic creations anything that causes a serious harm to human animal, plant life etc, are NOT patentable subject matter in accordance with section 3 and section 4 as per Indian patent act. Novelty means the information you have written in the specification of your patent application (subject matter) is not published or know to or available to public in India or elsewhere before the date of filing of the patent. An inventive step: a subject matter in patent application having inventive step means, the invention disclosed is not obvious to a person skilled in the art. Especially with reference to the prior art or the information already know or available to the public. In other words, the invention should not be obvious to people who are form the same field of invention. In other words, the inventive step means an aspect of the invention that involves a Technical advance or economic significance or both with respect to existing knowledge, thus making invention non obvious to a person skilled in the art. Industrial application: as the name suggest, invention to be patented should have a utility that is it is capable of being made and used in an industry. Enablement: This criterion suggests that the information disclosed in the proposed invention should be sufficient to reduce it in to practice. And this information must be included in to the patent application for the invention. ©2016 Patent in India website http://patentinindia.com/
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In accordance with Indian patent act, The term enabling means two things 1. Any person, who is ordinary skilled in the art, should be able to reduce the invention in to practice by the help of the information disclosed in the patent application. 2. The patent applicants should disclose the Best Mode for practicing the invention which is known to them at the time of filing the patent application.
Do I need patent agent in India to file a patent ?
Who is patent agent in India ? An Indian patent agent is an individual with a science or engineering degree who has cleared the Indian patent agent exam and is registered with the Indian patent office with good standing in his practice. Do I need patent agent in India to file a patent Drafting a patent application is a specialized job and requires both technical (field of invention) and legal (Indian patent act) understanding. As you may have heard, patent is a techno-legal document. Many inventors trying to write patent application on their own writes it from completely technical perspective. Writing patent application as a technical document without considering legal aspect may be a mistake which can make your application not ©2016 Patent in India website http://patentinindia.com/
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properly covering the scope of the protection. And all the efforts you took for research and development can go waste. Hence, right patent professional (patent agent) with appropriate experience can remarkably add value to patent application. Patent agent provides maximum possible protection for your invention since the drafting of patent is done from technical as well as legal perspective. Following things will be considered by patent agent while drafting patent: The claims written in such a way that they provide maximum protection All possible embodiments and variants are covered Each claim is supported by description in specification Use of specific words in description and claims that has specific meaning in patent law Use of specific language while drafting patent application is required Inventors who are not experienced in patent law can make some mistakes in drafting patent specification and may face rejection for failing to comply with the requirements set by patent law. In this case all efforts by inventor in research and development may go waste.
What is cost of patent registration in India?
How much does getting a patent in India costs? There is no precise and accurate answer to this question as cost for a obtaining patent is dependent on multiple factors... What best we can have is range for costs involved in... ©2016 Patent in India website http://patentinindia.com/
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There are two elements for cost of getting patent / filing patent in India: 1. The Government fees for Forms, requests and renewals. 2. Professional Charges for patent professional, patent agent / attorney Government fees too, are different for an individual inventor and a company. and fees for patent application also defers based on number of claims and pages in the specification. So, a lot of factors need to be considered when talking about costs involved in getting patent. to get quick understanding, watch this short and informative video we created on Patent procedure, time line and costing (14 minutes) Yet to give you an idea, the cost to file a patent is approximately Rs. 45,000 to 65,000. This is assuming that you have hired a patent (agent) professional for patent research, writing and filing patent application for your invention. This cost requires in stages as your invention proceeds from Novelty Search (about Rs. 15000), Patent drafting and filing in India (about Rs. 30,000) and after 1 to 2 years for responding to office actions if any objections are taken by controller in examination report on application about your invention, such response to office actions typically requires (about Rs. 15000). Note: these costs are mentioned are exemplary and may vary with respect to patent professionals and companies. The link below is the fees structure mentioned at the patent office website in India. http://ipindia.nic.in/ipr/patent/patent_formsfees/Fees.pdf
©2016 Patent in India website http://patentinindia.com/
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If you are filing patent on your own, without help from patent agent, then it can cost much lesser as only fees you are paying is government fees for patent filing and prosecution. Here is how you will need charges as per stages in patent filing. We are assuming you have hired a patent professional in helping you with patent filing, which is recommended and makes this all patenting efforts worthwhile with his experience and expertise in techno-legal writing. Stage 1: invention disclosure This is initial phase when you disclose your invention to the patent professional (patent agent) by signing a Non disclosure agreement. Here you should submit each know fact about your invention, description diagrams and experimental results (if any). Hold nothing back. Stage 2: Novelty search (patentability search) The professional charges at this phase range from (Rs 10,000 to Rs.20,000 ) In this phase, patent professional performed an extensive search for prior art in all possible databases for patent, articles, thesis etc... And builds a patentability search report based on closest prior art found for your invention. Stage 3: Decide to file patent application On reviewing the patentability search report and discovered closest prior arts for your invention you can take a decision whether to go ahead with patent application filing.
©2016 Patent in India website http://patentinindia.com/
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Your invention needs to have “inventive step” as compared with existing prior art to be able to qualify for a patent. The inventive step is achieved when your invention has either ‘technical advance’ or ‘economic significance’ or both over existing prior arts. When you decide to go ahead with patent filing next step is writing patent application also called as patent drafting. Stage 4: Patent drafting (patent writing) Patent drafting charges range from Rs. 20,000 to 30,000 (professional fees) Drafting a patent application is a specialized job and requires both technical (field of invention) and legal (Indian patent act) understanding. As you may have heard, patent is a techno-legal document. Many inventors trying to write patent application on their own writes it from completely technical perspective. Writing patent application as a technical document without considering legal aspect may be a mistake which can make your application not worth a lot. And all the efforts you took for research and development can go waste. Hence, right patent professional (patent agent) with appropriate experience can remarkably add value to patent application. Stage 5: Filing Patent application Patent filing involves patent office fees as explained in table below When you done with the review of patent drafted and satisfied with the scope and technical details in the patent application, you can file the patent application ©2016 Patent in India website http://patentinindia.com/
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is prescribed manner. That is with appropriate forms with appropriate fees. You need to pay fees of Rs. 1600 or 4000 0r 8000 (based on type of applicant) while submitting the patent application in patent office. If you do not file request for early publication (fees mentioned in table below) the patent application will be published on expiry of 18 months. Stage 6: Request for Examination Request for examination fees is Rs. 4000 or 10000 or 20000 (based on type of applicant) The request for examination is to be made within 48 months from the date of filing the patent application, along with prescribed form and fees. This is the request made to Indian patent office to examine you patent application. Stage 7: Responding to objections in examination report The first examination report submitted to controller by examiner generally contains prior arts (existing documents before the date of filing) which are similar to the claimed invention, and same is reported to patent applicant. Step 8: respond to objections Majority of patent applicants will receive some type of objections based on examination report. The best thing to do it analyze the examination report along with patent professional (patent agent) and creating a response to the objections raised in the examination report. This is a chance for an inventor to communicate his novelty or inventive step over prior arts found in the examination report. The inventor and patent agent create ©2016 Patent in India website http://patentinindia.com/
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and send a response to the examination that tries to prove to controller that his invention is indeed patentable and satisfies all patentability criteria’s. Step 9: Grant of patent The application would be placed in order for grant once it is found to be meeting all patentability requirements. The grant of patent is notified in the patent journal which is published time to time. Stage 10: Renewal of Patent fees Maintaining patent for its entire life time that is 20 years from filing date requires renewal fees to be paid to patent office as mentioned in link here http://ipindia.nic.in/ipr/patent/patent_formsfees/Renewal_of_Patent.pdf
©2016 Patent in India website http://patentinindia.com/
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No Description Natural
Other than Natural
Person
person (companies)
(Individual
Small
Other than
inventors)
Entity
small entity
Comment
1
Application for grant of patent
1600
4000
8000
Mandatory
2
Early publication fee
2500
6250
12500
Optional
3
Request for examination of
4000
10000
20000
Mandatory
160/sheet
400/sheet
800/sheet
Mandatory
320/claim
800/claim
1600/claim
Mandatory
patent application 4
For every Extra sheet over 30 sheets
5
For every Extra claim over 10 claims
©2016 Patent in India website http://patentinindia.com/
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Shall I apply for patent in India on my name? or on my company name If you are an employee working for an organization, company or institute then possibility is you have an agreement where all the intellectual property generated during your tenure of employment will be on the name of that organization, company or institute. If you have not signed such agreement, then you can apply for patent in India as an individual (natural person) and can own the patent on you name. On the other hand, If you are a business owner or entrepreneur and inventor and trying to find whether to take patent on your name or your company’s name then below are points you should consider: The fees structure and cost for applying and maintaining patent: It costs more to own and maintain patent as a legal entity than as an individual (natural person) generally it is 4 time more.
No Description
Other than Natural person Natural Person Small Entity
Other than small entity
1
Application for grant of patent
4000
8000
1600
2
Early publication fee
6250
12500
2500
3
Request for examination of patent
10000
20000
4000
©2016 Patent in India website http://patentinindia.com/
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application 4
For every Extra sheet over 30 sheets
400/sheet
800/sheet
160/sheet
5
For every Extra claim over 10 claims
800/claim
1600/claim
320/claim
Consider the point of view of people investing in your invention If you have an investor funding for your business then the investor would always want the patent on companies name than you name. Even if the inventor enters at the later stage in your business by funding your company still they can ask to transfer the patent rights on company name if they are owned by you.
How to get world patent? Patents are territorial. That means the right of patent is limited to the country in which you received the patent protection for your invention. There is nothing like world patent. However there are ways you can protect your invention in many countries. Some ways are inefficient and expensive while some ways are efficient and inexpensive and saving lot of rework. Direct or Paris route: you can directly file separate patent applications at the same time in all of the countries in which you would like to protect your invention (for some countries, regional patents may be available) or, having filed in a Paris Convention country (one of the Member States of the Paris Convention for the Protection of Industrial Property), then file separate patent applications in other Paris Convention countries within 12 months from the filing date of that first patent application, giving you the benefit in all those countries of claiming the filing date of the first application. ©2016 Patent in India website http://patentinindia.com/
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PCT route: you can file an application under the PCT, directly or within the 12month period provided for by the Paris Convention from the filing date of a first application, which is valid in all Contracting States of the PCT and, therefore, PCT filing is much simpler, easier and more cost-effective than both, direct or Paris route filings. The patent cooperation treaty (PCT) The PCT is an international treaty with more than 145 Contracting States. The PCT makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications. The granting of patents remains under the control of the national or regional patent Offices in what is called the “national phase”. It 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 , by designating them in the PCT application .India joined the PCT on December 7, 1998. PCT is an International treaty, which provides facility to the applicant to file a single patent application and designate the countries in which he/she wants to protect his IP rights. Thus a single patent application is filed for the purpose of an international search report. A single international patent application has the same effect as national applications filed in each designated Contracting State of the PCT. However, under the PCT system, in order to obtain patent protection in the designated States, a patent shall be granted by each designated State to the claimed invention contained in the international application. Filing: You file an international application with a national or regional patent Office or WIPO, complying with the PCT formality requirements, in one language, and you pay one set of fees. International ©2016 Patent in India website http://patentinindia.com/
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Search: an “International Searching Authority” (ISA identifies the published patent documents and technical literature (“prior art”) which may have an influence on whether your invention is patentable, and establishes a written opinion on your invention’s potential patentability. International Publication: as soon as possible after the expiration of 18 months from the earliest filing date, the content of your international application is disclosed to the world.
What are contents of complete Patent Application Complete patent application Submission of complete specification is necessary to obtain a patent. A patent specification discloses the details of the invention for which the patent protection is sought. The legal rights in a patent are based on the disclosures made in the specification. The complete specification has following elements:
Title of Invention Field of Invention Background Summary of Invention Brief description of drawings Description of invention Examples if any Specific embodiments if any Abstract Claims Drawing / diagram / flow-chat
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You can check some granted patents from website of Indian patent office by clicking link herehttp://ipindiaonline.gov.in/patentsearch/Search/index.aspx Types of Patent Application: There are different types of patent application that can be files based on timing, desired territory for protection and number of inventions. Types of Patent Application are: Ordinary Application Application for Patent of Addition (granted for Improvement or Modification of the already patented invention, for an unexpired term of the main patent) Divisional Application (in case of plurality of inventions disclosed in the main application) Convention application, claiming priority date on the basis of filing in Convention Countries National Phase Application under PCT
How much money can I make by patenting my invention? This is the most important question each inventor or researcher has in mind when deciding about going for patent, after all monetize research and development efforts and enjoying monopoly in return of disclosing the invention to the public is the base of patent system. And the commerce part of it that is monetizing patent obviously plays an important role in decision. It has been common conception that once you have an idea worth patenting, the first thing to do is filing patent application. However this might not be good thing to do. The patents are as valuable as they are worth in commercial use.
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In other words, there has to be a commercial demand for the invention that you are patenting, there need to be companies, businesses using this invention and paying you royalties, there has to be opportunity where companies could buy out your patent (if you wish to sell of course). And this all has to be though through before taking big financial decisions and filing patent application. A patent rarely has any value if the commercial worth of the product or technology cannot be demonstrated and exploited. This has been the reason for failure for many patentable inventions as the inventor of the patented invention was unable to exploit them commercially. The commercial exploitation of patent requires skills and if the inventor does not possess the required marketing and business management skills for exploiting the patent, then it would be good idea to bring this talent by having someone with these skills to your team. In general there 2 ways you can earn money from patent: 1. Licensing (royalty payments) 2. Selling the patent Done right, the commercialization of in demand patent can bring substantial money to the paten owner. The general approach is to
start with a problem,
bring solution to the problem by research and development (invention),
protect the solution by patents and
Make money from the solution by licensing or selling it
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Trademark Registration India So, you own a business or want to own a business, and you are wondering if Trademark registration india really necessary? is it just good to have or a must have for a business ? well, let me ask you a question, How much time and effort you invested in your business? Did you work had to make your business a respectable and trust worthy name in minds of your clients?
How would you feel, if someone else is misusing your business name?
Or You found out that the name that you are using for your business is actually registered with some other company
Even worst… You work on your business for so many years to build brand and loyalty in clients mind and you found out you are infringing a already registered trademark of someone and you can not use that name for your business here after !!! such a loss of time, efforts and costs…
Would you like to avoid such devastating scenarios that can hurt your businesses image and all the hard work you put going waste? Then you need to look at protecting your business name, identity, brand, logo, image etc. This is achieved by registering Trademark for your business. A registered trademark is an important asset for a business used to protect the company's investment in the brand or symbol. If properly used and promoted, a Trademark becomes the most valuable asset of a business. hence Trademark registration india
What is a trade mark? In simple terms, trademark is a brand or logo which represents your business. A visual symbol like a word signature, name, device, label, numerals or combination of colors used by owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from ©2016 Patent in India website http://patentinindia.com/
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different businesses. A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners’ products or services from those of its competitors.
Example of trademarks: Coca cola and Pepsi are two trademarks from same industry (beverages) which distinctly identifies source or origin of the goods as well as an indication of quality. Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur. However, any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered. Who can apply for trademark? Any person which can be individual, company, proprietor or legal entity claiming to be owner of the trademark can apply. The application for trademark can be filed within few days and you can start using “TM” symbol. And the time required for trademark registry to complete formalities is 8 to 24 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed time to time. functions of a trade mark are: 1. It identifies the service or product and its source 2. It guarantees its quality ©2016 Patent in India website http://patentinindia.com/
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3. Advertisement of service of product
Different types of trademark: 1. A name (including personal or surname of the applicant or predecessor in business or the signature of the person) 2. A coined word or an invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods / service 3. alphanumeric or Letters or numerals or any combination thereof. 4. Image, symbol, monograms, 3 dimensional shapes, letters etc. 5. Sound marks in audio format Documents required for filing a Trade Mark Application in India:
Trademark or logo copy
Applicant details like name, address and nationality and for company: the state of incorporation
Goods or services to register
Date of first use of the trademark in India, if used by you prior to applying.
Power of attorney to be signed by the applicant in 100 Rs. stamp paper.
The procedure for registering trademark in India Step 1: trademark search (time: about 4 hours) Cost: Rs 0 to Rs. 500 This search is to check whether your business name or logo is similar to other already registered trademarks. Generally trademark agent or attorney conducts this search with the Trademark Office to check if there are any similar trademarks ©2016 Patent in India website http://patentinindia.com/
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already registered under that particular class. There are two kinds of search: online and offline. It is recommended that you get both the searches done. Once found to be unique you can proceed to the next step: Step 2: create trademark application (time required: 2-3 days) Based on the results of the search conducted, the trademark attorney will draft trademark application, provided that your business name / logo found to be unique. If someone already has the same or similar trademark, you need to change yours. Or if you are of opinion that the trademark is rightfully yours and you are using it since long time even before other party trademark registration. You can start using ™ symbol as soon as you file the form of trademark application. Step 3: trademark registration (time 18 to 24 months) Cost: Government fees is Rs. 4000/- and trademark attorney professional fees is Rs. 3000/- per application per class
The Trade marks office will first check your application to see if it's already been taken. If it has, a trademark objection will be raised. If it has no objection, it makes an advertisement in the Trade Marks Journal. If there is no opposition from other businesses in the next four months, your trademark is registered around six months later.
Note: objections Dependent Costs Drafting legal response to objections can be from Rs. 2000/- to Rs 5000 in order to overcome the objections and in case hearing is required, the cost per hearing would depend upon the complexity of the matter. Steps you need to take to registration your trademark in India: 1. Select and authorize a trademark agent or attorney to represent you. 2. The trademark attorney conducts a search. ©2016 Patent in India website http://patentinindia.com/
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3. Depending upon the results of the search, the trademark attorney will draft your trademark application. In case someone already has the same or similar trademark, you may have to change yours. 4. The trademark attorney will file your trademark application with the Trademark Office and send you the receipt. 5. After a few days, the trademark attorney will send you the Original Representation Sheet of your trademark as it has been filed with the Trademark Office. 6. It can take anywhere between 18 months to 2 years for the Trademark Office to decide whether or not to grant you the trademark; if there are objections from the trademark office or from anyone else, it may take longer. And your trademark is published in the Trademark Journal. Why you need to consider registering trademark for your business
Even biggest businesses like coca-cola, Siemens, Apple protect their business by means of trademark.
The trademark would be important asset for your business and contributes to the goodwill generated.
With registered trademark you can stop others from using your trademarked business name / logo etc with regards to goods or services it is registered
Trademark can considered just like any other form of asset like real estate, as it can be sold, licensed or assigned
It guarantees the identity of the origin of goods and services.
It stimulates further purchase.
It serves as a badge of loyalty and affiliation.
It may enable consumer to make a life style or fashion statement.
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For more questions and information or for trademark search, filing, opposition and registering trademark in India click my trademark requirement .
What is Patent in India platform? Company profile and Clients It is a platform especially created for first time inventors and companies trying to protect their intellectual property by Patents, trademarks or copyrights. To give you a brief introduction, I am Prasad Karhad (link to Profile), a registered Patent Agent India (IN/PA 2352) and I work with a leading Intellectual Property consulting firm in India known as Khurana & Khurana, Advocates and IP Attorneys (K&K). (see attachments link below for company profile and clientele) This firm has team size of 65+ Intellectual property (IP) professionals including patent agents, trademark agents and attorneys and has offices at Delhi, Mumbai, Pune and Bangalore. we cater to client requirements on all forms of Intellectual Property Rights (IPR) including Patents, Trademarks, Designs & Copyrights along with Contract & Commercial Matters. Clients of our company: about 2000+ clients including Google, Halliburton, ABB, Hyundai, Liteon Corporation, FLSmidth, Knorr-Bremse, Mastercard, Fortinet, Furuno Electric, Larsen & Toubro, Glenmark, Mylan, Haier, Duke University, Manchester Metropolitan, National University of Singapore, among many others, Based on the quality of our services and client satisfaction, we have been recommended and ranked by Legal 500, IAM, Chambers, Managing IP & Asia IP.
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Attachments link: https://drive.google.com/folderview?id=0B_Sx96QNKLeSmwwV2Myc3RnOUk&usp=sharing
How to start? or How to proceed from here ? To proceed with your patent filing requirement, below are steps: 1. Non Disclosure Agreement: is attached with link above, it is already signed from our end with signature from one of the partner of the firm. You need to take a print, write your Name, address and sign at the last page. you can send the photo copy or scan copy by email. 2. Invention Disclosure Form: attached with this email, you would be answering about 15 questions about your invention to be protected by patent, write answers in as detailed manner as possible. Include diagrams, flowcharts and other relevant information that helps in explaining invention. (diagrams could be hand drawn, we can finalize it at the time of drafting patent application by experts) Once we review the information sent, and would proceed with the project upon your confirmation. It takes about 5 days to complete Patentability search report. and about 2 weeks for writing complete patent application. Feel free to revert for more information or questions at
[email protected] Best Regards Prasad Karhad Registered Patent Agent India (IN/PA 2352) Senior Patent Associate Khurana & Khurana, Advocates and IP Attorneys| IIPRD Noida (Delhi) . Pune . Mumbai . Bangalore contact: 08055563001 Mobile: (+91) 8975533075 ©2016 Patent in India website http://patentinindia.com/
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Email:
[email protected] http://patentinindia.com Patent in India Platform Pune office: 305, Shubhashree Society, Sr. No. 78/6 Opp. Kalamkar TVS showroom, Near Balewadi Phata, Baner Road, Pune-411045 Maharashtra, India. New Delhi Office: E-13, UPSIDC, Site-IV, Behind-Grand Venice, Kasna Road, Greater Noida 201310, UP, National Capital Region, India. Bangalore Office: A-001, Nitesh Central Park, Opp. Astrazeneca Factory, Near Bagalur Crossing, Off Bellary Road, Bengaluru-560064 Karnataka,India. Mumbai Office: FA27, Lake City Center, Kapurbavdi Circle, Thane (W), Greater Mumbai - 400607 Maharashtra, India.
Prasad Karhad Registered Patent Agent India at link to Profile Registered Patent Agent India (IN/PA 2352) with bachelors degree in electronics and telecommunication engineering. Working in patents and IPR field since 10 years. associated with leading Intellectual Property firm in India called Khurana & Khurana, Advocates and IP ©2016 Patent in India website http://patentinindia.com/
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Attorneys (K&K). With team of 65+ Intellectual property (IP) professionals including patent agents, trademark agents and attorneys and offices at Delhi, Mumbai, Pune and Bangalore, Successfully helping inventors and businesses in securing their Intellectual Property Rights (IPR) including Patents, Trademarks, Designs & Copyrights along with Contract & Commercial Matters. with more than 9000 visitors every month, Patent in India platform continues to be leading patent consulting platform in India.
Recommended reading: Provisional patent application is used when the inventor is not ready with the invention completely and it provides about 12 months of time to complete the work on invention however you can secure your idea with Indian Patent Office, as you get receipt from government (patent office) with application number, title of invention and date of filing. in this way you secure your idea and keep working on it without any limitation. To know more about how you can protect your invention even when you are not completely ready with it read this expert article on when should I consider filing patent in India? http://patentinindia.com/consider-filing-patent-india/ Cost of patent registration in India how to patent an idea in India patent registration in India how to get patent in India how to apply for patent in India Cost required for getting patent Do I have invention that can win patent Why should I patent my invention ©2016 Patent in India website http://patentinindia.com/
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patent procedure in India Where can I apply for patent in India patent agent India patent filing procedure in India Cost of filing patent in India How to file patent outside India How to get world patent Freedom to Operate search- FTO Making Money with my Patent Documents Required for filing patent Patent on my name or company name Post your requirement related to patent
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