Indian Patent Office – Published Patent Information – InvnTree Feb 11, 2011
The Indian Patent Office 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 February 11, 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 website 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 for any information you may require.
Are patents always the best way to protect inventions?
To answer this question, let us first look at the bright side of patent. If you have a patent granted from your invention, it gives you the rights to exclude others from commercializing your patented technology for 20 years in the country in which it is granted. In other words, it means, you enjoy monopoly over the patented technology for 20 years in the country in which it is granted.
- On an average, it takes ~47 months (identified using a sample of 3191 US patents granted in the year 2011) from the date of filing a patent application to get a patent granted. Patenting is a time consuming process.
- Patents are territorial. This means, you will have to file patent applications in each country in which you want to protect your invention.
- You will have to pay a statutory fee to the patent office in each country you file a patent application. Additionally, you will also have to pay the patent consultant who helps you with filing the patent application in the respective country (we once received a quote of $2000 from a Japanese attorney for filing a patent application in Japan). In a nutshell, patenting is an expensive process.
Irrespective of all these hurdles, individuals and companies file for patents. In certain circumstances, it makes perfect sense to protect your inventions using patents. However, in my opinion, you should ask yourself some questions before you decide to protect your invention using patents.
- How easily can my invention be reverse engineered?
- How easy is it for someone to work around the invention and achieve the advantages provided by the invention?
- Is the invention attractive enough for someone to copy it?
- For how many years will this invention be relevant to the industry?
Indian Patent Office – Published Patent Information – Feb 04, 2011
The Indian Patent Office 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 February 04, 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 website by Team InvnTree. The data can be downloaded here and can also be accessed below.
I hope you found this article helpful. Check our patent services page to find out if we cater to your patent requirements. Also feel free to contact us for any information you may require.
5 options available if your product is infringing on a patent
Companies and individuals alike take aggressive steps to protect their patent rights. Most often, if a patent holder finds out that a product or a process is violating his patent rights, he might seek damages from the infringing party. Such enforcement of patent rights is usual in developed economies, such as US and Europe. However, in the recent years, even India has seen its share of attempts to enforce patent rights (Ex: TVS vs Bajaj).
2 – Compulsory license
3 – Cross licensing
4 – Licensing
5 – Invalidation
Why is freedom to operate study a must for technology companies?
Before launching any product, companies conduct market research to ensure that they have a successful product.
- Will minimize the risk of getting sued by others, for having infringed upon their patent rights.
- Such a search will also dig out patents, which have expired (in most countries its 20 years). There may be many useful technologies which can be used from these expired patents.
- You will find a list the patents which are relevant to your product/technology and helps you craft strategies, such as:
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:
Paris convention – Contracting parties
This document provides a list of Paris convention contracting states(countries). these countries are also generally referred to as convention countries.
The data has been sourced from WIPO website www.wipo.int
You can download a copy here and also access the data below
The data has been sourced by Team InvnTree.
Thank you.
Paris Convention – Contracting states
List of PCT Contracting States – InvnTree
This document provides a list of Patent Co-operation Treaty (PCT) contracting states(countries). These countries are also generally referred to as PCT member countries.
The data has been sourced from WIPO website www.wipo.int
The data has been sourced by Team InvnTree.
You can download a copy here and also access the data below.
Thank you.
List of PCT Contracting States
Indian Patent Office – Patent Information Publication – January 28, 2011
The Indian Patent Office 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 Jan 28, 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 website http://ipindia.nic.in/ by Team InvnTree.
You can download a copy here and also access the data below
I hope you found this article helpful. Check our patent services page to find out if we cater to your patent requirements. Also feel free to contact us for any information you may require.
What can be patented and what cannot be patented
Some time back I was asked by one of the readers of my article, if I can tell him what can be patented and what cannot be; hence this article.
1. an invention which is frivolous or which claims anything obviously contrary to well – established natural laws: (Ex: