Tag Archives: patent filing india
Can publicly disclosed inventions be patented in India?
In order to obtain a patent in India, the invention should not be disclosed in the public domain prior to filing of a patent application. The link provided below gives a clear understanding that relates to publishing an invention prior to filing the patent application.
http://www.invntree.com/blogs/should-i-apply-patent-publishing-my-invention
Few exceptions are provided in the Indian Patent Act under which the patent application can be filed despite public disclosure, and such public disclosure will not be considered to have been anticipated.
1. Anticipation by previous publication (Sec. 29)
2. Anticipation by previous communication to the government (Sec. 30)
3. Anticipation by public display (Sec. 31)
4. Anticipation by public working (Sec. 32)
5. Anticipation by use and publication after provisional specification (Sec. 33)
Anticipation by previous publication (Sec 29)
A complete specification filed shall not be deemed to have been anticipated if the invention has been published prior to filing of the patent application, if the applicant or the patentee proves that the matter published was obtained from him or any person from whom he derives title without his consent or the consent of any such person.
Anticipation by previous communication to the government (Sec 30)
A complete specification filed shall not be deemed to have been anticipated if the invention has been communicated to the government or any person authorised by the government for the purpose of investigation of the invention.
Anticipation by public display (Sec 31)
A complete specification shall not be deemed to have been anticipated if:
the invention has been displayed in an exhibition to which the provisions of the instant section has been extended by the Central Government; or
the invention is described in a publication in consequence of display of the invention in such an exhibition; or
the invention has been used by any person without the consent of the true and first inventor or a person deriving title from him after it has been displayed in such an exhibition; or
disclosing the invention before a learned society or publishing the invention in the transaction of such society;
provided the application is filed within 12 months from aforementioned public display.
Anticipation by public working (sec 32)
A complete specification shall not be deemed to have been anticipated if the invention has been filed within 12 months after the invention has been publicly worked for the purpose of reasonable trial considering the nature of the invention.
Anticipation by use and publication after provisional specification (sec 33)
A complete specification shall not be deemed to have been anticipated if the invention has been used and published after filing a provisional application.
In conclusion, ideally one should file a patent application before publicly disclosing the invention. However, if a public disclosure is made before filing a patent application, then one can still contemplate patent application filing in light of the provisions discussed above.
I hope you found this article helpful.
Please feel free check our patent services page to find out if we can cater to your patent requirements. You can also contact us to explore the option of working together.
Best regards – Team InvnTree
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At Which Stage Should I Apply for a Patent?
Over the years I have noticed that inventors seek patent filing related advice at various stages of the inventing process. At one extreme, I have seen inventors exploring the option of filing a patent application at an ideation stage. On the other hand, I have also come across inventors who explore the patent filing option after bringing the invention to public domain. Given the wide gap between the two extremes, I intend to provide some information through this article to help inventors decide an ideal time to apply for a patent.
Before we dive right into the question of interest, let us try to understand the concept behind the patent system. The patent system is essentially designed to encourage advancement in science and technology. To provide such an encouragement, respective countries provide monopoly right over the patent invention for a limited period of time, to the inventors or the assignees of the patent. In return, the patent office expects the applicant of a patent to disclose information about the invention for which patent protection is sought, to an extent that a person with ordinary skill in the technology, to which the proposed invention relates, can use the provided information to make and use the proposed invention. This disclosure of information to the public would ideally enable others to explore improvements over existing technology, and thereby lead to advancement in science and technology.
The disclosure of information discussed above is one of the requirements, which has to be fulfilled to have a patent granted. Hence, one of the important questions that inventors should ask themselves is whether they have sufficient information about the invention to enable a person skilled in the technology to which the invention relates, to make and use the proposed invention. If sufficient information is available, then the time might be right to apply for a patent. One the other hand, if sufficient information is not available, then the inventor should ideally work towards gathering/generating such information, so that the same can be provided in the patent application.
Generally the issue of not having sufficient information arises when option of patenting is explored at an ideation stage of the invention or at initial stages of research. At this stage, when it is realized that sufficient information is not available, provisional application filing is explored by inventors. There is a general misconception that one need not provide information that enables the invention, in the provisional application. It should be noted that the requirement of providing adequate information hold good for a provisional application, as it does for a complete patent application. I recommend reading our article “What are the different patent filing options?” to get a better understanding of provisional and complete application.
I would not suggest filing a provisional application, as opposed to a complete application, for the lack of adequate information. Instead, I would suggest filing a provisional application if an inventor does not have adequate funds to hire a professional to draft a patent specification or does not have adequate time to have a complete patent specification drafted. Further, in some countries, there is a substantial difference in the government fee that is charged for a provisional and a complete patent application. Hence, one might wish to file a provisional application, and thereafter within 12 months file a complete patent application.
Another important point to be notes is that, in some countries, such as India, the inventors loose the right to file a patent application if the proposed invention is made public before applying for a patent. On the other hand, US provides a time period of 12 months to file a patent application after the proposed invention is made public. Hence, if the inventor wishes to file patent applications in multiple countries, it is advisable to explore the option of filing the patent application before the invention is made public.
I hope the points discussed in this article will help you in deciding the right time to apply for a patent, given the various constraints you might have.
You may also read our articles listed below, to gain more knowledge about patents:
- Can I apply for a patent before creating a prototype?
- Should I apply for a patent in the name of my company or in my name?
- Should an inventor take professional help to draft and file patent applications?
- Should I apply for a patent before publishing my invention?
- Can the details of my invention disclosed in the patent application be maintained as a secret?
- Can publicly disclosed inventions be patented in India?
Please feel free to reach us at Contact us if you have any queries relating to patents.
Thanks,
Team InvnTree
Patent Office India – Published Patent Information – May 06, 2011 – InvnTree
Patent Office in India publishes patent information on a weekly basis (on Friday each week). This is a public notification, enabling you to take appropriate action if desired.
The publication includes published patent applications and granted patents, among other information, for the week of May 06, 2011.
You may go through this publication, and if you find patent information that has an impact on your business, then you may take appropriate actions, such as:
- File pre-grant opposition on published patent applications
- File post-grant opposition on granted patents
Data sourced from Indian Patent Office by Team InvnTree. The data can be downloaded here and can also be accessed below.
I hope you find this data helpful. Check our patent services page to find out if we cater to your patent requirements. Also, feel free to contact us or ask us a question and have it answered within 24 hours.
This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License
What are the different patent filing options?
In simple words, “Patent filing” can be defined as a process of submitting an application in a patent office requesting grant of patent to your invention. If you wish to protect your invention in different countries, then you will have to submit a patent application in each of those countries. There are various options or approaches you may use to protect your invention in one or more countries. By understanding the various patent filing options, you can construct a patent filing strategy based on your business objectives and economic constraints. This articles attempts to provide an overview of the patent filing options you can use. (You may be also interested in reading the article “How much does it cost to get a patent in India”)
Please note that, the most important factor in filing a patent application is preparing a patent specification. Drafting a patent specification is a highly skilled job, which can be only preformed by persons who have both techinical as well as patent law expertise. If a person or company is serious about protecting their intellectual property, it is highly recommeded to use the services of professional patent practitioners. To know more about this, you can read our article on this here.
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Filing a provisional patent application
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Filing a complete patent application in your country
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Filing a patent application in a foreign country
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Filing a Patent Cooperation Treaty (PCT) application
A provisional patent application is filed to secure a priority date for your invention. A priority date is the date on which the first patent application for your invention is filed. This date is important because, knowledge available in public domain before the priority date is referred to as “prior art”, and this prior art is considered by the patent office to decide if a patent has to be granted to your invention. If you delay filing of the patent application, then naturally, more knowledge in the public domain gets added to the prior art, hence decreasing the probability of patent grant to your invention.
Normally, inventors/companies file a provisional application in two scenario. The first scenario is when time is of concern, and drafting a well constructed complete patent specification might delay the patent filing process. This delay in filing, pushes the priority date further, thereby reducing the probability of patent grant to your invention. The second scenario is when money is of concern. Depending on the country in which the patent application is filed, there can be a substantial difference between the provisional and complete application fee that has to be paid to the patent office. Further, depending on the patent consultant you choose to work with, there can be substantial difference in the fee charged by the patent consultant to draft a provisional and a complete specification. Hence, sometimes inventors/companies draft a provisional specification on their own and file the same.
A complete patent application has to be filed in the patent office of your country if you wish to protect your invention in your country. A complete patent application can be filed in the first place or if you have filed a provisional application provisously, then within 12 months from the provisional application filing date.
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File a provisional application in any convention country (secure a priority date) and file a complete application in the patent office of your country within 12 months from the priorit date.
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File a complete application in any convention country (secure a priority date) and and file a complete application in the patent office of your country within 12 months from the priority date.
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Use the PCT route – Explained under option 4
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File a provisional application in any convention country (secure a priority date) and file a complete application in each of the foreign countries in which you wish to protect your invention within 12 months from the priorit date.
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File a complete application in any convention country (secure a priority date) and file a complete application in each of the foreign countries in which you wish to protect your invention within 12 months from the priority date.
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Use the PCT route – Explained in detail below
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File a provisional application in any PCT member country (secure a priority date) and file a PCT aspplication within 12 months from the priorit date. Subsequently, file patent applications, within 30/31 months from priority date, in each country (has to be a PCT member country, list of PCT contracting countries) you wish to protect your invention.
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File a complete application in any PCT member country (secure a priority date) and file a PCT application within 12 months from the priority date. Thereafter, file patent applications, within 30/31 months from priority date, in each country (PCT member country) you wish to protect your invention.
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File a PCT application in the first place and secure a priority date. Thereafter, file patent applications, within 30/31 months from priority date, in each country (PCT member country) you wish to protect your invention.
You may be interested in reading our other related articles listed below:
How much does it cost to get a patent in India?
How much does it cost to get a patent in India?
Understanding the cost structure corresponding to applying for a patent can help in making some important decisions. Hence, instead of having a generic idea about the overall cost, it helps if you are aware of the breakdown of the cost structure and the time of incurring such expenses.
- Should an inventor take professional help to draft and file patent applications?
- Why should patent specifications be drafted by patent professionals?
- Natural person
- Startup(s)
- Other than natural person – Small Entity
- Other than natural person – Others except small Entity
Any individual(s) applying for a patent is considered as a natural person. On the other hand, all other entities that do not fall under the first category, fall under the remaining three categories of :
- Other than natural person – Startup
- Other than natural person – Small Entity
- Other than natural person – Others except small Entity
- Other than natural person – Startup
- Other than natural person – Small Entity
- Other than natural person – Others except small Entity
No | Description | Patent office Fee (INR) 1$ = ~ 60 INR(E-Filing only) | Comments | ||
---|---|---|---|---|---|
Other than Natural person | Natural Person/Startup | ||||
Small Entity | Other than small entity | ||||
1 | Application for grant of patent | 4000 | 8000 | 1600 | Mandatory |
2 | Early publication fee | 6250 | 12500 | 2500 | Optional |
3 | Request for examination of patent application | 10000 | 20000 | 4000 | Mandatory |
4 | For every Extra sheet over 30 sheets | 400/sheet | 800/sheet | 160/sheet | Mandatory |
5 | For every Extra claim over 10 claims | 800/claim | 1600/claim | 320/claim | Mandatory |
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No. of pages in the specification
- The Indian Patent office charges an additional fee for each additional page over 30.
- The total number of pages includes description, claims, drawings and sequence listing if any.
- The margins requirements are 4 Cms at top, 4 Cms on left, 3 Cms at bottom and 3 Cms on right. Line spacing is 1.5.
No. of claims
- The Indian Patent office charges an additional fee for each additional claim over 10 claims.
- There is no restriction on the type of claims. The claims can be independent,dependent or multi-dependent. Only additional fee per claim is charged for each additional claim above 10 claims.
No. of priorities claimed
- The Indian Patent office charges an additional fee for each additional priority document over 1 priority.
- While calculating the number of priorities, PCT application is not considered a priority. If the PCT application itself is the priority application, then it is considered as a priority application.
Request for examination:
- The deadline to file an examination request in the Indian Patent office is 48 months from the earliest priority date.
- It is however, recommended to file the examination request along with the application, since the application is queued for examination, only upon filing the examination request.
- The fee mentioned in this calculator is for the normal examination request. It is recommended to file an express examination request, if the national phase application is filed much earlier than the 31 month deadline. By filing an express examination request, the application is put in queue immediately upon filing the application. If a normal examination request is filed, the application is put in queue for examination only after 31 months from the priority date.
Applicant type
- Any individual(s) applying for a patent is considered as a natural person. To be considered as natural persons, all the applicant(s) should be individuals.
- Applicants wishing to claim Start-up Status, need to provide proof of being a Start-up. To know more about this, you can read our article
- Applicants wishing to claim Small Entity Status, need to provide proof of being a small entity. To know more about this, you can read our article.
- Entities who do not qualify as either individuals or start-ups or small entity, will be considered as large entity
- What are the different patent filing options?
- Indian Patenting Process Timeline
- Patent Application Filing Procedure/Process in India
- At Which Stage Should I Apply for a Patent?
- Should I apply for a patent before publishing my invention?
I hope you found this article helpful. Please feel free to contact us to know more about how our patent services can help you in your business.
4 fold approach to using patents for improving business competitiveness
Introduction
- A patentee gets the liberty to enjoy monopoly over the patented invention for 20 years
- A patentee can monetize his patented invention by selling or licensing out his rights, in addition to other ways of monetizing
- Engineers and scientists can access a rich pool of patent information and improvise on existing technology
- Competitors will have to create non-infringing products and processes
One of the approaches for improving competitiveness of a business is by having product differentiators. Product differentiators are brought about by developing products that are technologically superior, has newer/better features or addresses specific needs of customers. Sometimes, there might not be any changes made to the product, however, companies might differentiate themselves from competition by offering products at reduced prices. This might be possible by making changes to the processes used in producing the product. Such modifications made to the products/processes might be patent worthy. Hence, when a company feels that they have made some modification that might be patent worthy, it is important to contemplate the idea of having such improvements protected by a patent.
You may go through our articles to know more about filing patent applications in India and the cost of filing patent applications in India.
- Patent Application Filing Procedure/Process in India
- How much does it cost to get a patent in India?
Patents to Improve Competitiveness – InvnTree IP Services
- Create an entry barrier for competitors
- Maintain product or process differentiators
- Protect products or processes from being copied by competitors
- Enjoy monopoly over improvements for 20 years
- Increase valuation of the company
The previous approach dealt with protecting technological improvements made by a company. While, the previous approach dealt with building a patent fortress to safeguard ones business territory, it is equally important to monitor the patent fortress’ built by competitors.
- Ensure against obvious improvements being protected by competitors
- Enhance the valuation of patents held by you in a technology field
- Avoid being sued for infringing patents that shouldn’t have been granted in the first place
- Easy access to freely use and adopt minor improvements in technology
Respect others intellectual property
In the previous two approaches, we dealt with building a patent fortress and ensuring that competitors do not strengthen their patent fortress using minuscule technological improvements. In the current approach we illustrate why it is important to respects others Intellectual Property rights.
- Ensure against introducing infringing products to the market
- Avoid expensive patent infringement suits
- Ensure that brand name is not tarnished by such infringement
To know more about respecting others intellectual property, you may read our articles listed below:
- Why is freedom to operate study a must for technology companies?
- 5 options available if your product is infringing on a patent
- Is my product infringing on others patents?
Remember, no one got too far by reinventing the wheel, neither will you; hence, there is no point in reinventing the wheel. It is important to appreciate the fact that most of the problems that we might be trying to solve, might have been solved by somebody else in some part of the world. Therefore, it will be intelligent on your part to look at such solutions and improvise on them. Patent data is considered to be the richest source of scientific information, and using this information is an intelligent approach to product and process development.
- Enhanced returns on investment in R&D
- Development of products/processes that have improvised on existing technology
- Reduced cost of development of product/process
- etter business forecasting and planning
We hope you found this article helpful. You can download a copy of this article here
Please feel free to contact us for any information that you may need.