Everything YOU need to Know about Software Patenting in India

Everything about Software Patent in India , What are the examples of software patents in India?, Software Patent in India

Patenting Path to Glory in Industry 4.0 #IoTtrends #Internetofthings

IoT aka Internet of Things Patent Landscape- How to Get a Patent in India for Software, Mobile Applications and Computer Related Inventions. Software patenting in India is real skillset.

patent-law-in-india-multiple-priorities-the-patents-act-1970

The first thought that comes to creative intellectual mind in Industry 4 Era is what is  Internet in the online world? What is Software? What is Software-Hardware Product? How to deploy Software-Hardware Patents? This article is going to address Everything YOU need to Know about Software Patenting in India.

Property Asset is an important asset. One such important asset is Intellectual Property Asset.

R Programming for Data Science Patenting Indian Patent

Software Patenting in India

Software and Mobile App Patents are routinely granted by the Indian Patent Office and recently, following patents were granted:

One engine that is ruling the chart in online world is Google. Google and its sister concern enterprises file a number of software and hardware oriented patent applications claiming fortification of data based on a number of features. One such feature used by users and especially mobile users is location option enablement in the setting module of handheld devices.

For example, filtering location information retrieved from one or more computing devices at any given instance.

Indian Patent Examination Report

Generally patent examiners need clarity in patent claims and the technology interpretation should suffice the ambit of the Indian Patent Act, 1970. In our IP practice over the years, we have noted following common objections which would be discussed in brief for clarity purposes.

Patent proceeds grant stage in India before the Indian Patent office, if patent examiner is satisfied beyond doubt with the written explanation provided by the patent agent representing client before the Indian Patent office.

Invention is all about proving technical advancement when compared to similar technology prevailing in same sector #IntellectualCapacity #IoT #Geospatial #5G #AIFirst #Immersivetechnologies #AR #MR #BAAS #VR #BIM #VDC #3DPrint #MachineLearning #Robotics

Software, IoT, #AR #MR #BAAS #VR #BIM #VDC #3DPrint #MachineLearning #Robotics attract Section 3(k) , Section 3(m) of the Indian Patents Act in respect of patent claims submitted before the Indian Patent Office.

Patent claims written in respect of computer instructions stored in a memory and executable by a processor, fall within the scope of Section 3(k) of the Indian Patent Act.

HOW TO OVERCOME SUCH PATENT RELATED DATA MATRIX?

SIMPLE tweaking is to define MODULES and not set of instructions is a good pro-active strategy to overcome such enquires. The preamble of the patent claims should relate to object and purpose of technology. Drafting patent claims in a manner not related to computer programs and claiming a handheld device, enhancing its technical effect through its constructional features is KEY to define ambit of claims to seek protection in India.

Everything YOU need to Know about Software Patenting in India

With the advent and importance of Software patenting being granted to Google, Microsoft, Amazon and new age unicorn businesses running in internet space, time is apt to encash IPR based assets in terms of intellectual capacity. In India, Software patenting  is commonly termed as “Computer Related Invention” by the Indian Patent Office.

Action Plan to get Software Patenting in India

While writing and drafting patent claims to define scope of technology in terms of computer system use the word #module rather than #instructions to mimic technology as #hardware #handhelddevices

Still Finding Answers:

Software patenting in India: FAQs you need to understand Software patenting in India

  • Understand nuances of getting software patents granted in India?
  • Does Indian patent law allow software patents, Answer is YES?
  • How to apply for software patent in India?
    • File a provisional patent application with data information covering all the aspects of the technology.
  • How to patent a software in India?
    • Provisional patent application filing is a good pro-active strategy to file start the patenting process in India.
  • How to patent a mobile application in India?
    • While writing and drafting patent claims to define scope of technology in terms of computer system use the word #module rather than #instructions to mimic technology as #hardware #handhelddevices.
  • What are the examples of software patents in India?

How to Patent Ideating Technology in India and Internationally

indian patent agent exam 2020, indian patent agent exam 2020 date, indian patent agent exam 2020 notification , indian patent agent exam study material pdf , patent agent exam 2020 eligibility, patent agent exam 2018 eligibility, when is the next patent agent exam, patent exam 2019,Patent Agent Examination 2020, Indian Patent Agent Examination,
 

General Patent FAQs:

  • What is a Provisional Patent Application?
  • What are advantages of Filing a Provisional Patent Application?
  • How can Patent Search help in determining Patentability of Invention?
  • What is the meaning of “Patent Pending Status” in India?

#innovationcoach #iprs #innovationforeveryone #scienceandtechnology

How to Gain Access in Fintech Sector?

Fintech Innovative, Innovation Strategy

Innovation in Fintech Sector #PatentAttorneyIndia

Fintech Patent Attorney Assisting Global Clients to Develop New “Out of the Box” Strategies

fintech patent attorney, fintech strategist

Filing Patents to gain access in the fintech sector is a good strategic move. Walmart and other important business entities just file patents with two viewpoints. One viewpoint is very obvious to create a playing field for all other players in the market.

Other not so discussed pointer is defensive publication of the technology so the publication itself becomes prior art and no other patent applicant is able to bag the coveted prize of owning a patent.

Do DJs have to pay royalties

Defensive publication of the technology so the publication itself becomes prior art

Sustainability of any technology is the need of the hour and reaching masses to develop win-win approach is the only way out to understand technologies around financial sector. The emerging digital technologies is not limited to 5G, AI, IoT, cloud computing, Bigdata and blockchain to enable mass consumption and envisage the big picture for the 5 trillion economy of India.

History is the Biggest Saviour and Governments Across Know that Innovation and IPR will attract more investment to generate job opportunities for the masses. Data is crucial and Big data is the new mining oil to harness creative content for the masses to imbibe.

role of intellectual property in innovation

Intellectual Services from experienced individuals:

* Patent Searches

* Utility Patent Applications

* Provisional Patent Applications

* Design Patent Applications

* Responses to Office Actions

* Patent Cooperation Treaty (PCT) Applications

* Patent Infringement Opinions

* Trademark Searches

* Trademark Applications

Why Filing Patent for YOUR technology is a Good Bet !!

Why Filing Patent for YOUR technology is a good bet to raise initial traction in Industry 4 Era

How To Patent Your Blockchain big data patents lawyer attorney in India, Patent for YOUR technology

Remember YOUR target customers pay a premium for WHAT they see.

One has to understand #WYSIWYG

” What YOU See is WHAT YOU Get” Concept

Using that “PATENT PENDING” tag intrigues human mind to next level 🙂

We at TCIS facilitate and take your business journey to next level of thinking to be the next Unicorn. 

TCIS is able to understand the true essence of WHAT problem your technology plans to solve. In the due course, TCIS identify important features of your technology idea which can be patent worthy in true sense. Our Motto is to build your tangible assets by filing patent applications with STRONG set of patent claims.

Alleviate and redefining EVERYTHING in Innovative ways is our mission by creating an intellectual property portfolio of brands, patents, design, trade secrets and copyrights.

We’re passionate #thinkinggeeks and happy to generate next big UNICORN business. We welcome your queries to build stuff that nobody has solved till date in true sense.

Innovation & Big data are the BUZZ words in the Internet era without even knowing what it actually means. Innovation comes when YOU go through the dilemma HOW to resolve that particular problem. It takes lot of courage to breathe life and hard work to get that BIG new idea to impact the human lives.

But there’s a common belief that entrepreneurs are born, not made. This sentence is true and false depending upon the situation and time. Can Entrepreneurship be taught? The journey starts with the intent to seek knowledge. Have a disciplined mindset to be successful entrepreneur. Patent for YOUR technology can provide you the traction in raising seed funds.

#initiation #askpatentexpert #innovation #businessintelligence #marketing #marketresearch #customerintelligence #branding #design

 

 

US Placed India on its Priority Watch List #Special301Report

Indian Patent Form 27 for Working of Patent Status

Indian Patent Form 27, Best Litigation Patent Attorney in India, Indian Patent Form 27 for Working of Patent Status
Indian Patent Form 27

US has again placed India on its “Priority Watch List” in its annual Special 301 Report on the state of intellectual property protection. Form 27 is #arsenal tool to control the pricing of patented product in India. According to Form 27, read with Section 146 of India’s Patents Act, 1970, mandates that all patent holders, including pharma firms, declare how the “patent is being worked” in India, giving among other data the quantity and value of the patented product sold by them in the Indian market, whether it is manufactured in India or imported, and whether public requirement has been met to the fullest extent.

The need of the hour is to sign PPH treaty between different countries for speedy patent grant process in India rather than talking on #workingofpatents #strongpatents #askpatentexpert

In the recent discussions the United States Patent and Trademark Office (USPTO) and the Indian government are trying to find amicable solution over a dispute over an Indian patent requirement – Form 27 – which mandates patent holders to declare how patent monopoly is being exercised in India.

Demystifying the Indian Patent law with an intent to resolve & find amicable intellectual property solutions by international patent expert.

 

Brand Marketing Business for Startup Founders in Entrepreneurship in 2018

Explosive Growth Brand Marketing tips for Startup Founders in Entrepreneurship #BeBrandYOU

Entrepreneurship is a Journey of Infinite Miles-Prity Khastgir

“We need to stop interrupting what people are interested in & be what people are interested in.” – Craig Davis

Entrepreneurship, Startup Founders

Are You a deep thinker?

Have you tested the water?

Why social relevance is key for businesses when engaging consumers?

Why emotional connect important for your brand to flourish and make a lasting impression on mind?

Startup Founders need to understand relevance of brand and BrandStory for customer acquisition. Startup Founder must have the capacity to think and ask questions of whether they are using the available tools for marketing their brand.

Businesses are of two types: Product based and service based.

2018 is going to witness the holistic approach of combining both under one BIG umbrella.

Embrace the change, LEARN Quickly and Implement the same.

Generating intellectual property rights would be necessary for the businesses to survive. Time and Trend is changing. Venture debt can by raised if YOUR business owns some kind of intellectual property rights (patents, trademarks, design and copyright protection). Intellectual property litigation is going to be sexy. One of the biggest challenges all brands face is how to stay at the top of consumers’ minds as their tastes and liking will continue to evolve.

Be open to change and adapt quickly

Major changes to your startup company logo or tagline are easier said than done, especially if previous iterations have led to success. However, as your company grows, so do your vision and brand. While rebranding may seem like a monumental task, it can also provide a growth opportunity for the health of the company.

Drive brand relevance and conversation.

Sometimes bizarre exchange or pattern in life can be game changing and is able to solve the customer acquisition strategy PUZZLE for YOUR Brand Business and Entrepreneurship Journey.

Internet Business, Internet Business lawyer, Internet Business attorney

WHAT was your customer acquisition strategy?

Share YOURstory in the comment box below 

 

Let’s share our experience to learn and analyse what works for YOU #BeBrandYOU 🙂

Renewable Innovations will use AI & Iot Patents to Provide Best Sustainable Systems

Enlightening panel discussion with Pranav Mehta. Need of the hour is to use #AI parameters to study renewable innovations to increase the production by studying #bigdata #Strategy #askpatentexpert

 Over the years, Renewable Innovations in solar, wind and other renewable power sources is booming worldwide, especially in China, and is now eclipsing that in fossil fuels. Number of renewable-energy patents were filed before WIPO in 2011.

Renewable Innovations, patent research, Artificial Intelligence, Cognitive Computing, understand use of chatbots, virtual agents, virtual assistants, wearables - augmented and virtual reality, IoT, Blockchain

Market adaptation of Renewable Innovations

Renewable Innovations to Make Earth a Better Planet

The solution to the sustainable business solution to utilise renewable innovations across the globe is the usage of technologies like VR (Virtual Reality) and AR (Augmented Reality) technologies which can be used to solve real human problems. By providing new, immersive ways of accessing big data they can enhance human learning experience, expand intellectual understanding of complex systems and improve how we interact with one another. Development of Grid Connected and Off-grid Roof-Top Solar Photovoltaic and Small Solar Power Plants with use of Iot based technologies is the need of the hour.

Solar Power History in India

India represents a fast growing economy and has ever increasing demand of energy. Recognising need to develop additional energy supply options, the Indian Government has laid strong emphasis on renewable energy.

Solar energy is regarded as one of the fastest growing clean technologies in recent years.

The Government of India has launched Jawaharlal Nehru National Solar Mission (JNNSM) which now has a target of 100,000 MW of grid solar power by 2022, out of which grid connected rooftop Solar PV systems is considered as very potent area and has a target of 40,000 MW. To achieve energy security and for having good optics, it is envisaged to develop solar rooftop projects on large scale by utilising vacant roofs of buildings and adjoining lands of the campus.

One has to understand Renewable Energy Initiatives

“Patent System” includes the integrated assembly of photovoltaic panels, mounting, assemblies, inverters, converters, metering, lighting fixtures, transformers, ballasts, disconnects, combiners, switches, wiring devices and wiring, and all other material comprising the Installation Work. Innovation is the key and we at TCIS take pride in providing solutions to protect renewable innovations internationally.

TCIS Patent Service Offerings:

  • PCT Filings & Patent Advisory
  • IP Commercialization
  • IP Strategic Support
  • Multi Country Filings

IP portfolio research, cross-border technology transactions, licensing agreements, product clearance, freedom-to-operate, patent infringement & invalidity analysis, research & opinions. Core practice includes patent drafting, patent searches (patent analytics), PCT National phase patent prosecution in India (drafting office action responses for USPTO, EPO

 

Systems and methods for creating an artificial intelligence

Artificial Intelligence means inducing the capability to become Intelligent by deploying machine learning techniques.  Industry 4 age of artificial intelligence  can be defined as a situation where machines can think and evolve as humans. New age sustainable business models are based on artificial intelligence  algorithms.

 

patent research, International Patent Research, International Patent Research lawyer, International Patent Research attorney

In 2018 we will see numerous patents using artificial intelligence (hereinafter referred to as ‘AI’) in the processing of big data which would be defined in the patent claim sections of the patent application.

United States Patent 8504580 titled “Systems and methods for creating an artificial intelligence” protects a computer system implemented method of creating and using multiple artificial intelligence (AI) clones of respective multiple entities comprising the following operations of a computer system: for each of the multiple AI clones, receiving respective text into the computer system from one or more sources; for each of the multiple AI clones, obtaining respective paragraphs from the text received for the AI clones; at least some of the paragraphs comprising multiple sentences, and at least some of the sentences comprising multiple clauses identified based upon figures of speech and punctuation; obtaining a first set of respective context phrases from the received paragraphs, which context phrases are obtained from the respective clauses and are indicative of the context of the respective paragraphs; obtaining respective weights of the context phrases using parameters related to frequency of occurrence of a context phrase relative to other context phrases or to absolute number of occurrences of a context phrase therein; storing the context phrases and the paragraphs as structured data in one or more tables to thereby create initial respective multiple AI clones; for multiple initial AI clones, improving the AI clones by adding paragraphs and a second set of context phrases from text subsequently supplied to the computer system by the source of the text that was used to create the initial AI clones and from one or more other sources, including one or more instructors, and by selectively deleting data from the one or more tables, to thereby create respective improved AI clones; and using the improved AI clones and any remaining initial AI clones that have not been improved, to answer questions posed by users through a process comprising using a compatibility test matching context phrases related to the respective questions to context phrases related to AI clones through a compatibility algorithm relating weights of context phrases related to a question and weights of context phrases related to AI clones, and to direct advertisements to AI clones, wherein a single advertisement is directed essentially concurrently to multiple AI clones, using for the purpose a matching algorithm that uses selected matching criteria in comparing context phrases obtained from the questions or advertisements with said structured data in said one or more tables, which matching algorithm relates context phrases related to advertisements to context phrases related to AI clones and takes into account respective weights of the context phrases that the matching algorithm relates; wherein the AI clones are configured to replace human sources of information in answering a user’s question and assist advertisers in selecting plural AI clones that are likely to be receptive to a single advertisement to thereby direct the advertisement only to some of the AI clones, based on the content of the question and the advertisement.

United States Patent 8504580 granted to GELLER ILYA in the field of artificial intelligence and advertising.

We must appreciate for as long as computers have been around, human imagination has been intrigued by the possibility of creating artificial intelligence.

Technology has been steadily progressing and creating more and more intelligent machines. IBM’s Deep Blue was used to outplay Gary Kasparov in chess. Video games now include characters that intelligently respond to player’s actions. However, emulation of intelligence is a high watermark that scientists strive to achieve. Accordingly, the present invention is directed towards a system and method of creating and teaching an artificial intelligence to emulate a human and subsequently querying such artificial intelligence for various purposes.

The patent method includes the steps of receiving at least one textual input from the user; extracting at least one portion of the textual input from the user and at least one context phrase therefrom; comparing each portion extracted from the textual input from the user to other portions extracted from the textual input from the user according to a first matching algorithm that utilizes the context phrases of each respective portion; and storing in the first table, the portions and respective context phrases that were extracted from the textual input from the user that satisfy the matching algorithm. In further embodiments the portions are textual paragraphs.

 

 

International patent protection Services: Search, International Application, US Patent Filing, artificial intelligence, artificial intelligence patent, artificial intelligence lawyer, artificial intelligence patent law firm

HOW to create the AI Clone?

The AI Clone is implemented on a specialized computer-based system, operative with specific programming for providing the functionality, as described herein. The computer based system includes such art recognized components as are ordinarily found in computer systems, including but not limited to processors, RAM, ROM, clocks, hardware drivers, associated storage (computer readable medium), and the like. The computer-based system may include servers and connections to networks such as the Internet, LAN, or other communication networks.

Initially, the AI Clone may be created by the providing one or more relevant texts to a database. Thereafter, to improve the AI Clone’s knowledge and accuracy, an instructor (who may be one or more people) can conduct “lessons” with the AI Clone to teach it additional information. Once the AI Clone is created, users can converse with the AI Clone, and receive answers to their questions. In alternate embodiments the AI Clone emulates the user and may be queried to determine whether the user would be receptive to a message or advertisement. In certain embodiments the AI Clone may be created solely from an instant message, email, sms, or other similar activities of a particular user that the AI Clone is to emulate. In certain embodiments, the AI Clone may be created solely from an instant message, email, sms, or other similar activities of a particular user that the AI Clone is to emulate. It should be noted that the actual initialization and instantiation of the AI Clone and its memory may be triggered prior to any textual inputs. For example, it may be triggered by User’s accessing of an application, a connection to a user’s IP, or other triggers that indicate anticipation of textual inputs.

Will Artificial Intelligence Take Over The World?

patent a business idea by filing provisional patent

Prity Khastgir is new age AI patent attorney IP evangelist. She believes human mind is the greatest gift and when used to protect creative creation of intellectual minds one can achieve wonderful results. Her patent practice includes Patent Prosecution Law and intellectual property (IP) matters with a significant emphasis on emerging cutting edge global technologies and companies. She has worked with global Artificial Intelligence research scientist , start-up in interactive TV patents based on AR and VR relating to targeted advertising.

Patent lawyers and computer scientists  provide holistic approach to applythe latest in machine learning and natural-language processing. Prity is assisting US patent attorneys in  intellectual property lawsuits.

The world is yet to WITNESS the INEVITABLE Technology

Identifying the PAIN POINTs in the process is the KEY to a successful business model. Imagine if WE as VCs know beforehand where to invest our MONEY without the BURN OUT, life will be simple.

Industry 4.0: Fourth Industrial Revolution which is Technology Driven

‎Which technologies should I consider when building a platform similar to AirBnB, eBay, and Amazon?

Technology excites my neurons. I BELIEVE mind is the best machine which can imbibe data in a format and process it in unique ways to generate $$$$$. Learning curve for a human mind is exponential in nature. With the right intent one can achieve what the mind perceives.

HUMAN Mind, smart industry, Internet of Things (IoT) technology

In my personal capacity I have executed more than 500 technology driven international intellectual property projects. Identifying the PAIN POINTs in the process is the KEY to a successful business model. Imagine if WE as VCs know beforehand where to invest our MONEY without the BURN OUT,  life will be simple.

The world has changed so dramatically in the Industry 4.0: the fourth industrial revolution which is technology driven. One should understand there is no FAILURE. The word FAILURE is an opportunity to write a story to achieve your own GOALS.

For me FAILURE stands for

F for Full

A for Ambition

I for Ideation 

L for Lust to achieve your GOAL

U for Unicorn 

R for Reality Check 

E for Empathy

Build a team of thinking geeks and be a people person and it is important to understand CHANGE is inevitable. BE that Change and make a difference in the SOCIETY. Every Individual comes with own DNA which should be nurtured. Understand the DNA of the person and nurture. You will be surprised to see the results.

Artificial Intelligence and Machine learning are NEW AGE Technologies

Machine Learning (ML) and Artificial Intelligence (AI) are transformative technologies in most areas of our lives. Artificial Intelligence and Machine learning offers tremendous opportunities for the healthcare industry. The use of machine learning in identifying and diagnosing, diseases has actually been one of the biggest breakthroughs in the medical industry. Intelligence is the ability to learn or the ability to think and reason and Artificial intelligence refers to programming computers and machines to exhibit seemingly intelligent behaviour based on software algorithms.

Our brain is our control center of our human mind. It’s responsible for everything we do and WHAT we do to #makeithappen

Schedule a clarity today to find answers to your Questions: https://clarity.fm/biopatentlawyer

Art of Learning Patent Office Action Response

How to overcome the NON PATENTABILITY Section of Indian Patent law during Patent Prosecution in INDIA: How Innovative Internet is BOOSTING Investment

patent office action , response sample office action uspto, response to office action, Patent Office Action Response,

Patent Office Action Response Guide: SECTION 3 of Indian Patent Act, 1970 is the MYSTERY section of the Indian Patent law which relates to inventions that are tagged as “non-patentable”

According to Section 3 of following are not inventions within the meaning of Indian Patent Act, 1970 — 

(a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws;

(b) an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;

(c) the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature; 

(d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

Explanation.—For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy;

Defining efficacy with scientific data is the KEY to overcome the Section 3d 

(e) a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;

(f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;

(g) Omitted by the Patents (Amendment) Act, 2002

(h) a method of agriculture or horticulture;

(i) any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products. (j) plants and animals in whole or any part thereof other than micro organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;

(k) a mathematical or business method or a computer programme per se or algorithms;

(l) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;

(m) a mere scheme or rule or method of performing mental act or method of playing game;

(n) a presentation of information;

(o) topography of integrated circuits;

(p) an invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.

Many a times the patent examiner cites provision of clause 3 (d), 3 (e) of Section 3 of the Indian Patent Act, 1970 to innovations related to biotechnology and pharmaceutical chemistry.

Under section 3, an innovation is non-patentable under the provision of clause 3 (d), 3 (e) for the following reasons: 

The subject matter of patent claims are not patentable under section 3(d) of the Act as they claim the mere use or new use for a known substance it cannot be treated patentable invention as per the Act 1970.

Generally, the composition is already disclosed in a prior art document which discloses all the constituents of composition. So the present set of patent claims are just mere use or new use of known substance or composition which does not result in the enhancement of the known efficacy so it is tagged under section 3 (d) of Indian Patent Act, 1970.

OVERCOMING this PATENT SECTION OBJECTION

Combining one or more patent claims to make it new over the prior arts cited by the patent examiner. 

Sufficiently pointing out difference in the case with respect to prior art patents and NPL cited. 

The subject matter of patent claims fall within the scope of clause (e) of section 3 of the Patents Act 1970 (amended by The Patents Act 2005), if it relates to components of composition already known and disclosed in prior arts documents and the composition claimed in patent claims is obtained by mere admixture of already known compounds.

SUFFICIENCY OF PATENT DISCLOSURE: 

SECTION 10 of Indian Patent Act, 1970, talks about the contents of the specification (detailed description) of patent application and many a times the patent examiner cites provision of Section 10 of the Indian Patent Act, 1970.

According to Section 10(1) of the patent law

Every specification, whether provisional or complete, shall describe the invention and shall begin with a title sufficiently indicating the subject-matter to which the invention relates.

Hence, If the title of the invention doesn’t clearly and sufficiently describe the invention or the subject matter of invention it attracts section 10 (1) of Indian Patent Act, 1970.

OVERCOMING this PATENT SECTION OBJECTION

Generally Preamble of the final independent patent claim will suffice the purpose to overcome this patent examiner objection 

According to Section 10 (4) Every complete specification shall—

(a) fully and particularly describe the invention and its operation or use and the method by which it is to be performed;

(b) disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and

(c) end with a claim or claims defining the scope of the invention for which protection is claimed;

d) be accompanied by an abstract to provide technical information on the invention

Approach is simple patent claim the percentage and ratio of all constituents in the set of the patent claims with the range. The range and other details should be written in the detailed description of the invention.

Providing the percentage and ratio of all constituents in detailed description section enables a person skilled in art to understand the invention in totality.

If the patent claims are vaguely worded and lacks clarity they attract section 10 (4) of the Indian patent act. 

Patent Examiner Report Response for filing Office Action

Prity Khastgir is a techno-savvy patent attorney and commercial mediator in India with 12 yrs++ of experience working with clients across the globe. Prity has an eye for details. She has responded to 100++ Patent Office Action Responses raised by patent examiner.

Her areas of expertise are IP portfolio research, Patent Office Action Response Reply, cross-border technology transactions, licensing agreements, negotiating business deals, product clearance, freedom-to-operate, patent infringement & invalidity analysis, research & opinions.

She has seen the evolution in India as to how the patent and intellectual property law has evolved in last 10 years in India.

Currently, she helps startups to raise funds, assists foreign companies to find right business partners in India. She also assists enterprises to enter and find the right angels, and VCs in Malaysia, Singapore, US, UK, Japan and India.

Facebook page for creative minds and connect to learn how the thinking geeks can respond to Patent Office Action Response: click here

For more details on Patent Office Action Response Query contact us at prity.k@lawtcis.com

Twitter: Prity Khastgir

LinkedIn: click here

Facebook: click here

Success Story

Sulabh Mangal

Cofounder at BrainifAI Cognitive Services Pvt Ltd

July 19, 2017, Sulabh was a client of Prity Khastgir IPR’S

‘Ridiculously efficient’ is the phrase that comes to mind when I think about Prity Khastgir. It’s rare that you come across standout talent like her. We hired her for patent filing and her execution is flawless.

Freedom to operate FTO Patent Searches for Technology Driven #Business Models

BE SMART Don’t Litigate: Freedom to operate FTO #Patent Searches for Technology Driven #Business Models

Freedom to operate FTO Patent Opinion will provide legal eye view of launching tech driven product in the market. Freedom to Operate Research executed by patent attorney can facilitate the process to launch a New Product in the Market with ease. Parameter like determining legal status of the granted patent to determine FTO of invention is necessary to take next step of action.

Freedom to operate FTO, FTO Patent Search, Technology Patent research

Freedom to operate FTO opinion to avoid patent litigation See holistic & synergistic way of doing technology driven business. Your intellect & our expertise

“Many people come up with great innovative ideas! But defining the idea to make it an asset that can ultimately be protected makes a difference!”

 

Freedom to operate FTO patent opinion by an experienced patent attorney is very crucial for a technology driven company in the fourth industrial revolution.

It is very daunting to visualise that commercializing your technology driven product or method will involve considerable expense for product development, market forecasting, advertising or other commercialization tasks in addition to the patent litigation cost without Freedom to operate FTO patent opinion.

Therefore, mitigating risk and risk management is very important. The risk of being blocked from making, using, selling, or importing your product or method can best be managed by performing a Freedom to Operate (FTO) investigation early in product development to provide a roadmap that can help you steer clear of such risks.

Freedom to operate FTO  processes performed by the patent attorney who is also a strategist can help minimize patent litigation risk.

To get a patent granted for your medical device invention or idea in India or the United States, you must file a patent application with the respective Patent Office. Remember patent rights are territorial in nature. If you seek protection in US then the patent specification has to be filed before the U.S. Patent and Trademark Office.

We at Tech Corp International Strategist (TCIS, India) can help you determine if your invention is patentable. Our team of Patent attorneys have expertise in worldwide Patent analysis, Patent portfolio and landscaping besides Prior art searching, validity searches, Freedom to Operate report and Reporting patent Infringement for granted patents. Get patent search consultancy services from our experienced team of patent lawyers.

Prity Khastgir founder at Tech Corp International Strategist, India and law firm partner at Tech Corp Legal LLP.  Prity Khastgir is a techno-savvy patent attorney in India with 12 yrs++ of experience working with clients across the globe. Her areas of expertise are IP portfolio research, cross-border technology transactions, licensing agreements, product clearance, freedom-to-operate, patent infringement & invalidity analysis, research & opinions.

Currently, she helps startups to raise funds, assists foreign companies to find right business partners in India. She also assists enterprises to enter and find the right angels, and VCs in Malaysia, Singapore, US, UK, Japan and India.

For further information on patents and patent filing in India connect with our highly skilled and experienced patent lawyers and IP strategists.

Go-to patent consultant for all time zones, be it new product launch in Asia, IP landscape across EU, freedom-to-operate analysis in Japan or patent invalidation for litigation in US.

Every business has a #strategy. WE facilitate the process of identifying Key issues and help amplify business goals of any business (short term goals and long term goals). Everything is simple we tend to complicate and use heavy words to prove our point. WE believe in BASICs.

Email: prity.k@lawtcis.com