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.


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.

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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.


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

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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

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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.

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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

US Placed India on its Priority Watch List #Special301Report

Indian Patent Form 27 for Working of Patent Status

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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.

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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 🙂

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.


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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.



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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?

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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

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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.


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.


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.


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

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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.

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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


Boom in Fourth Industrial Revolution Knowledge Sharing Ecosystem: Patenting Innovations

Boom in Fourth Industrial Revolution Knowledge Sharing Ecosystem

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Prity Khastgir

Technology Driven Era is BOOMing !!

Patent Launch Design Studio For Wealth Creation to Cater Fourth Industrial Revolution

WHAT is WEALTH Creation in terms of Patent Royalty & Patent Licensing?

Wealth creation is important aspect of any business. How to create a proper technology business around innovative technology is the need of the hour. Asset allocation of the funds are very important factors to be taken into consideration while doing business. Brilliant ideas should be protected through innovation laws governed under intellectual property laws.

Innovation and entrepreneurship harnessing grassroot level sustainable business models is the need of the hour.

With the diligent business execution one can actually create wealth for the startup and the entrepreneur would be known as a successful entrepreneur in the long run.

“The price of success is hard work, dedication to the job at hand, and the determination that whether we win or lose, we have applied the best of ourselves to the task at hand.”-Marc Benioff, CEO of Salesforce.

As an entrepreneur or startup YOU should understand the concept of wealth creation and investing YOUR time innovating in technologies and developing technologies which will actually lead to wealth creation.

How to create wealth around the technology or doing business in India?

How the wealth is created in the short term and long term goals?

What kind of profit margins you can actually foresee and think of?

First rule of business 101 is to create a conducive environment and a conducive ecosystem for the technology in which you want to invest your time in building intellectual property.

For example, in India one can work on business models for which Indian government is giving funds without collaterals. One such example is governments of the United States of America (through the Department of State) and India (through the Department of Science & Technology) have established the United States–India Science & Technology Endowment Fund (USISTEF) for the promotion of joint activities that would lead to innovation and entrepreneurship through the application of science and technology.

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The aim of the Fund is to support and foster joint applied R&D to generate public good through the commercialization of technology developed through sustained partnerships between U.S. and Indian researchers and entrepreneurs. The U.S.-India Science and Technology Endowment Fund activities are implemented and administered through the bi-national Indo-U.S. Science and Technology Forum (IUSSTF).

Funding for Investment in Business

Grants of up to Rs. 2.50 crores or approximately $400,000 (subject to prevailing exchange rate). Proposals outside this range may be considered under exceptional circumstances at the discretion of the U.S.-India Science & Technology Endowment Board (hereafter referred to as the ‘Board’).

The applicants should put together their Budget requirement based on realistic assessment, corresponding to direct cost involved and properly justified by the nature and quantum of work involved. An attempt to do over budgeting simply to fill the bandwidth of maximum grant size is out rightly discouraged.

It may be noted that Endowment Fund is an Indian Rupee Fund and all the grants are denominated in Indian rupees (INR) only. Awards are made in tranches according to project milestones and installment amounts are fixed in Rupees. For U.S. Awardees, the grant is transferred after converting it into USD at the prevailing exchange rate as on the date of disbursement with no adjustment made for foreign exchange rate fluctuations. However, the applicants are encouraged to consider requesting a provision under the contingency line item of up to ten percent (10%) of the total budget in the event of a devaluation of the rupee against the dollar.

The Board will give stronger preference to proposals that include a reasonable balance in the distribution of work and the grant between Indian and U.S. partners.

Grants will be released in a phased manner based on successful completion of milestones (which may include requirements to raise/ invest additional outside funding to support the project).

All milestones for the grants will be specified at the time of the award.

The Board reserves the right to limit its award to selected project activities and milestones and in doing so approve partial funding.

One sector which is BOOMING is renewable energy technology where a number of innovations are happening for example, the solar sector. One has to understand industrial revolution & the globalization of knowledge whereby one need to have the AWARENESS to predict the future and take the measures in the present.

WHAT we do in the past is the illusion of our mind of the past. HUMAN species per se BELIEVE to see and follow what most people do. That differentiates a normal being from being in GENIUS.

One should be able to understand that you need to innovate and understand that protecting your innovation actually help you to create that wealth by not only by getting the patent granted and the “patent pending” technology itself can be licensed to any third party.

You can actually get royalty and there are other scenarios whereby you know you can create wealth by making a mark in that particular arena.

When we discuss about making a conducive environment you need to make an impact in this society in which we live and if you talk about solar energy sector a number of sustainable innovative business technologies are being developed in R & D centres in India. In recent trend, “rent a roof policy” is being discussed across the nation.

Knowledge bring people together on a common platform 

So the rental roof policy the name itself suggest like you are renting out your roof to harness solar power. The working structure is interesting that the current bill for the electricity which is consumed after deducting the power generated by the solar roof top panel would be charged.

So implementing innovative ways push the boundaries of human intellect by which the Indian government is taking conducive steps to treat India as a country where a lot of business opportunities and synergies can happen in near future for wealth creation.

Data is based on evidence. YOUR intellect and OUR Expertise to achieve the impossible. Information is Free however what is important is to analyse and search for RIGHT information.

Prity Khastgir is a techno-savvy patent attorney and commercial mediator 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, 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 and facilitate the process of wealth creation, 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.

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

Facebook page for creative minds and wealth creation: click here

Twitter: @biopatentlawyer

Email: prity.k@lawtcis.com

International Patent Research Workshop for Intrigued Genius Minds

international patent WIPO, International Patent Research Workshop

Disrupting the Approach to Patent Research: Take your intelligence to next level. Welcome to the world of understanding innovations happening in cutting edge technologies across the globe. Learn more about current technology trends that will shape up economic disruptions across the globe. Learn more about innovations happening in the field of Artificial Intelligence, Cognitive Computing, understand use of chatbots, virtual agents, virtual assistants, wearables – augmented and virtual reality, IoT, Blockchain and other state of the art technology.

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

Albert Einstein, Thomas Alva Edison and Wolfgang Amadeus Mozart all were genius people in their lifetime.

Now what set these people apart from the rest and made them achieve what they did? 

It’s pretty simple really: they all simplified the existence of existing laws and the way of seeing life in different way.

Every human is eligible to attain that height of being genius. CHOICE is YOUR whether to BELIEVE in YOUR IDEAS and #makeithappen

Imperfection is beauty, madness is genius and it’s better to be absolutely ridiculous than absolutely boring. – Marilyn Monroe

International Patent Research Workshop 

Venue: Aerocity, New Delhi

Demystifying Patent Research Basics

The patent research workshop will cover holistic view of the legal viewpoint

As to how to perform patentability search?

How to perform state of the art searches?

How to perform validity patent searches?

How to perform Infringement searches and freedom to operate searches?

As a company it is important to understand the type of research which needs to be performed to identify the OPPORTUNITIES to create your own niche in the competitive market. For example, patentability search can be performed if any person or any innovator of a company has an idea or is doing a research.

WHEN to perform patentability search before filing a patent or after filing provisional patent application?

The company would like to know What is the SWOT analysis or in simple terms, identifying what are the different innovations or research which has already happened across the globe.

As a business owner knowing what happens in 2-3 years from now is a strategic move

When to protect intellectual property?

It’s very tough question to answer and it is not very easy to protect every creation of mind. Yes, there are some ways in which you can actually add some pointers and then file a patent application. Ideas are creation of mind and it might happen at one point of time the same idea is bouncing in multiple minds at neutron level across the globe.

First very important factor for an innovation to be PATENT WORTHY is that an idea should be new. New means that idea should be new concept all over the world not only in India. So the idea actually qualify for even being patent worthy is performing patentability research. Many patent databases are very helpful to perform the patentability. One example is WIPO which stands for world intellectual property organisation.

The WIPO database is worldwide patent database. Other important databases are espacenet, and USPTO.

Many times we get patent queries regarding what kind of patent databases are you using for performing your any kind of patentability or any kind of patent research?

Our BELIEVE is SIMPLE we use our intellect and use non paid patent tools.

Obviously, when you are using a paid database it is expensive. However, you are not using your intellect as a patent attorney or as a patent researcher to come up with ways and means to do your research in a manner which suffice the purpose of that particular invention or idea so that is very very important.

Over the years we have been able to find out better results by defining the kind of scope of work which we plan when we get a patent research query.

There is no STEP WISE MANTRA that would be applicable in all the patent searches. What is important is to analyse CRUX of the invention or the innovative features of the invention use your intellect as a patent researcher, and make the key strings.

What kind of patent strings will work better and if you have less time how to go about doing state of the art searches?

State of art search is basically talks about what kind of innovation already has happened in a particular sector. For example it can be a solar sector where by solar energy is being used to light up the lamp or it can be a LED sector where the technology relates to packaging of the LED to reduce the heat sink capacity. However, what is important to understand what kind of approach or parameters are you going to take into considerations as a patent researcher.

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

KEY Learnings from International Patent Research Workshop

We will be discussing a lot on different kind of technologies. It is exciting to know that YOU don’t have to be an expert in a particular technology to do a patent research. Obviously, if you are a scientist or Phd in particular area it will take less time to understand the technology but at the same time as a patent researcher or as a patent attorney one should understand your job is to identify the innovative features.

Imbibing the acumen of a researcher and techno legal domain will is helpful when you are responding to office section response. The office action response is issued by the patent examiner and the patent examiner performs the search on a particular invention and will come up with objections so as a patent expert or patent attorney you need to respond to those objections. How to respond to office action response will be part of different workshop which we would be doing in the coming months.

How different kind of patent strategies can be applied as there is no one strategy which will be applicable to all patent searches but of course that key take away from the workshop would be that you would be able to understand what are the parameters you should actually look when you are doing the research.

Multinationals are coming in India so there is lot of job opportunities which are going to be there in near future and if you are already in the league of understanding how to perform patent research and can STRATEGISE a BUSINESS PLAN for the startup you get yourself a high package job.

You will be in a position to help the companies with their day to day activities whereby a lot of research is being performed by the scientists and many a times they have no clue whatsoever

What kind of patent research is of prime importance? 

What kind of patent research should be finished first? 

What kind of research is being done by competitors? 

For any questions we are reachable at legal_desk@patentbusinessidea.com