Expedited Patent Examination in India

Introduction A request for examination must be filed for the patent application filed with the Indian patent office. Unless this request is filed, the IPO will not take up the application for examination. Ordinarily, a request for examination of a patent application filed in India shall be made within 48 months from the date of […]

Qualifying as a start-up as per the Indian Patent Rules

Introduction The Indian Government has announced various initiatives to promote start-ups. One such initiative brings various benefits to start-ups in their patenting initiatives. The benefits primarily correspond to discounts in government fees and expediting of patent examination. The government fees charged for start-ups will be the same as that charged for natural persons (individuals). In […]

Tactical approach to deal with Final Rejection from the USPTO

Introduction The USPTO while examining a patent application may issue an office action rejecting one or more claims. The rejection of the claims may be non-final or final. A final rejection is typically issued during second or subsequent examination of the pending patent application. A patent applicant will generally have three months or six months […]

Strategic use of US Continuation Applications in building Patent Portfolio

One inventive concept, be it a product or process, may sometimes have the potential to support multiple patents. There are several ways to accomplish a portfolio of patents when you find that having multiple patents gives the best scope of protection for your invention. In this regard, there are two tools for continuing prosecution before […]

Why should patent specifications be drafted by patent professionals?

Patent Specification; the most important document A patent specification is a techno-legal document based on which patent rights are decided. The specification is what appears in public domain once it is published. Competitors, person with ordinary skill in the art and general public may be among those who read the specification, apart from the patent […]

Two angles to compulsory licensing of patents and a disaster waiting to happen

One of the core objectives of a patent system is to make the patented technology available to the public at reasonably affordable price, meet the reasonable requirements of the public and should be worked in the territory of India. A compulsory license will be granted on a patent only if the patent holder uses his patent in a manner that contravenes the aforesaid objective.

Patenting mathematical methods

According to the section 3 (k) of the Indian Patent Act, mathematical and business methods, computer programmes per se or algorithms are categorized as non patentable subject matter.

Why are mathematical methods not patentable?

How can I find out whether my invention is patentable?

In order for a proposed invention to be awarded a patent, it has to pass the following five tollgates:
  • Patentable subject matter
  • Novelty
  • Non-obviousness/inventive-step
  • Industrial application
  • Enablement 
Patentable subject matter