Can I patent mobile applications?

Mobile applications are now days considered as lifeline of human race. From calculation to the management of finances, from Music applications to create your music apps/songs and from clicking a perfect picture to edit the image using different modes are possible through mobile applications. Since the introduction of mobile application by various companies around the world for different platforms like Java and Symbian has led to billion dollar industry but in recent years the introduction of mobile store, where user can find various applications which will run on mobile as per their needs for windows phone, android phone and in Apple store. The mobile app for Android in December 2016 was 2.6 million apps whereas, in January 2017, around 2.2 million mobile apps were available to download for various iOS devices. In Microsoft store, about 850,000 apps in the Windows Store were there. These staggering figures show that mobile application around the world has become a lifeline to users for different use.

Patent mobile applications are same as of software patents except that they run on a mobile hardware and interacting with various users. Now the important question here arises that can we get a patent on mobile applications.

Criteria for getting mobile Application Patents: A patent for any mobile application patented around the world, need to fulfill the basics criteria, which are:
Novelty :

The invention must be novel and for that, verify that there are no prior patents on an invention same or similar invention. A patentability report based on prior art or a patent search will confirm the novelty of patent applications. The invention should not be anticipated, i.e. published anywhere before or available in some other public forum of display or use.

Obviousness :

Inventive step is a crucial step, which means there has to be an element of innovation in your invention. An inventor cannot get a patent for mobile applications for an obvious invention.

Needs to have utility :

It includes capable of an industrial application so that invention has some features of being useful even.

In the United States, the patent has become a method of protection for software or mobile application. A patent is an exclusive right granted to an inventor for an invention, which comprises of either a product or process. The invention must follow the patentability criteria which includes novelty, non-obviousness, and utility.

The United States patent office have been granting patents to the computer implemented inventions or software related inventions based on the technical solution provided to the technical problem, known as the “technical character.”

The U.S. patent statute section 101, broadly defines patent-eligible subject matter as “any new and useful process, machine, manufacture, or composition of matter” and any improvements. But investors cannot patent laws of nature, natural phenomena, or abstract ideas. In 2014, the US Supreme Court in Alice Corp. v. CLS Bank International decided essential guidelines for determining patent eligibility for software.

The two-test for patent eligibility on abstract ideas is to identify :
  • Whether the patent claim contains an abstract idea, such as an algorithm, method of computation, or another general principle; if not, the claim is potentially patentable.
  • Whether the patent claims embodies an “inventive concept.”

The Court held that ordinary and customary use of the general-purpose digital computer is not enough—”merely requiring generic computer implementation fails to transform an abstract idea into a patent-eligible invention.” Further the exclusion of “abstract ideas,” the Court stated that the principle undergirding these exclusions is “pre-emption,” and which it related to the notion that patent law does not inhibit further discovery by improperly tying up the future use of these building blocks of human ingenuity.

In Europe, under Article 52 states that “programs for computers” shall not be regarded as inventions. In Europe, the main objection for the patent examiner is for inventive step. Article 56 states that “An invention shall be considered as involving an inventive step if, having regard to state of the art, it is not obvious to a person skilled in the art.” In Europe, the main objection given by examiner is for inventive step. If an inventor or applicant, overcome the inventive step criteria as well as technical character issues then mobile applications can be easily patents.

In India, section 3(k), states that Computer program per se is not patentable. In 2016, Indian Patent office came up with guidelines for Computer-related inventions (CRI) in which it clearly states that the computer program in itself is never patentable. If the contribution lies solely in the computer program, deny the claim. If the contribution lies in both the computer program as well as hardware, proceed to other steps of patentability. If the contribution lies only in mathematical method, business method or algorithm, deny the claim. If the contribution lies in the field of the computer program, check whether it is claimed in conjunction with a novel hardware and proceed to other steps to determine patentability on the invention. The writing of claims can also be the important criteria for getting a computer program to patent

From above information, it can be evidently concluded that mobile patent application are patentable around the different Patent office if the fit into the patentability criteria as well the recent case decision help the examiner to examine the mobile patent application and grant mobile patent application.

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How to file a trademark in India

Trademark registration in India is a fairly simple process, given that the documents are in order and the fees being tendered are appropriate as per the rules.

Who can file a trademark?

Any person who is a proprietor of a business in which the trademark is being used can apply for trademark registration. Companies, partnership firms, trusts and societies may also file a trademark application.

The applicant may choose to engage a trademark attorney or agent for representing the applicant at the trademark registry.

Where the trademark application should be filed?

A trademark has to be filed with the Trademark Registry in India at any of its office at Mumbai, Ahemdabad, Chennai, Delhi or Kolkata, as per the principal place of the business.

What should I do before I file the trademark?

A proposed trademark should be thoroughly searched on the internet as well as Trademark Registry database so as to find out if there are marks which might be conflicting in nature with regards to the proposed mark. Though, it can be conducted by the business owner, it is recommended that an experienced attorney is entrusted with the work so that the legal implication of the search results can be ascertained. Otherwise, the business owner may get into legal hassles on a later stage.

What are the contents of the trademark application?

Based on a thorough trademark search, the trademark application has to be drafted carefully. If any other person in India is using a similar trademark for similar goods or services, the trademark registry may reject the application.

The trademark application usually contains the following details:
  • Name and details of the proprietor of the trademark
  • The principle place of business of the proprietor
  • Type of mark – Word, Logo, Label, Device, Signature, Combination of colour etc
  • The classes of goods and services to which the trademark belongs
  • The description of goods and services
  • The date from which the trademark has been used in course of business
What happens after the trademark application has been filed?

After the trademark application has been filed along with the requisite fee, the Trademark Registry takes the following actions :

1. Allots an application number

2. The application is then examined by an examiner in the Trademark Registry and an examination report is issued.

3. The examination report may contain objections as to why the registration should not be granted for the trademark. The examiner may also seek clarification regarding the trademark.

4. The applicant or his attorney needs to reply back with a written submission clarifying the objections of the examiner regarding the trademark.

5. If the examiner is satisfied, he accepts the application for registration. Otherwise, he issues a hearing notice to the Applicant.

6. The Applicant or his authorized attorney has to attend the hearing in person and justify the bonafide usage of the mark. The hearing stage is partly judicial in nature and therefore care should be taken regarding the evidences and statements which are given before the examiner.

7. If the examiner is satisfied after the hearing, the trademark application is accepted. Otherwise, the application is rejected at this stage.

8. After the acceptance of the trademark application, the trademark is advertised in the trademark journal published by the Trademark Registry.

9. After the trademark is advertised, it becomes open for other persons to oppose the registration of the trademark.

10. If the trademark is not opposed or the opposition to the trademark fails, a registration certificate for the trademark is issued which can be renewed every 10 years by paying the requisite fee.

It is highly recommended that trademark registration should be entrusted to an experienced attorney who can increase the value and benefits of the registered mark by minimizing the legal hurdles.

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Should I file a provisional application or a complete application?

File a Provisional application or a complete application are the two ways for filing a patent application for the invention. There are no as such rules or methods available for the selection of these two modes for filing a patent application. It depends upon various factors on which an inventor can choose the best way for filing a patent application. Both provisional patent application and complete patent applications have there on merits or demerits, which depends on the invention.
Provisional patent application
The Provisional Patent application allows you to file a patent application at the early stage of the invention. If the inventor is working on the initial or intermediate stage of the invention and still needs further experimentation then in this situation, it is better to file a provisional patent application.
So at this stage of filing a provisional patent application will give you the following benefits :
  • Do not need any formal format
  • Do not need any claim
  • Low filing fee
  • Less expensive
  • Secure priority date from the provisional filing date
  • Give 12 months time for filing complete patent specification
  • No complicated drafting skills needed, can be drafted by an inventor
Also following are the demerits in filing a provisional patent application :
  • The Provisional patent application has to follow by complete patent specification so a provisional patent application can take a long time in granting a patent
  • Early publication in case of provisional patent application leads to loss of trade secret in the invention
  • Increase in total cost
  • Inadequate disclosure risk involved
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Complete patent application

Complete or non-provisional patent application allows you to file an application when the invention is in the end stage. when inventor think that there is no need for further experimentation then he/she can go for complete patent application filing.

The Provisional patent application must be followed by complete or non-provisional patent application within 12 months from the date of filing of a provisional patent application.

The Complete patent application involves following requirements :
  • Higher filing fees
  • Complex format as per the Act and Rule
  • Claims and complete disclosure of the invention are mandatory
  • Not suitable for the inventors to draft, have to consult experts in this field
  • The patent office will examine the complete patent application

So, from the above discussion, we can say that provisional or complete patent application should be the choice of the inventor. If the invention is in early stage and further experimentation is needed and if an inventor is ready to take some risk then can go for provisional patent filing. But if the invention has high value in market and prototype is ready to make profitable investment in the market then it is better to go for complete patent application filing and should consult with the patent attorney for better preparation of a patent draft.

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Different methods of filing a Patent application

Different methods of filing Patent applications

A patent application is a techno-legal document. It provides complete details of the patentable invention. To obtain exclusive ownership of an invention. Certainly, the applicant needs to know about the methods of filing a Patent. Learning the approaches available to secure their rights in one or more countries is obligatory. Yes, global patent ownership is essential to prevent your invention from getting any replica. Around the globe, people are looking for a chance to take over an empire. One mistake and everything falls apart. Even if you get late to buy your domain or get one renewed, people are waiting for such opportunities to earn monetary benefits from such delays. So, let’s get it all right and begin our journey to eliminate any chances of mistakes.

An applicant can make a strategy for filing a patent application based on the following:

  • The objective of the business- The objective of the business is an essential part of the patent application. An applicant should describe the invention’s main business activities and role in the present business model. It is crucial to disclose the business objective, but it is mandatory. The documentation is incomplete without mentioning the objective of the business.
  • Market situation – The business’s target market is present in the application. An applicant can share the research and analysis of the market situation. It helps the authority to ensure that the Patent is unique. Plus, the applicant’s vision presents a fair market situation in front of the authorities.
  • Economic factors- The importance of the Patent, claims made, and related economic factors are a part of the application. An applicant must share the economic factors directly related to the invention. 
Below are the different types of patent applications that can be filed in India :
  1.  Ordinary Application
  2.  Convention Application
  3.  PCT International Application
  4.  PCT National Phase Application
  5.  Application for Patent of Addition
  6.  Divisional Application

Ordinary Application: 

A typical application for a patent can file in a patent office without claiming any priority made in a convention country or any other reference to an application. Patent filing application of ordinary kind doesn’t include any description of any application in progress. It only includes the one made with an accurate description of the invention & claims. In this specific category of application, the two dates one is the priority date and the date of applying can be the same. A typical application can be approached in two ways or only one way, i.e. by filling provisional application or complete Specification.
A). A provisional application
A provisional application is a non-final or preliminary application that can be filed to claim priority. As India follows a “first to file system”, securing the invention from becoming prior art is necessary. Filing a patent becomes easy when you consult a professional. A legal representative is an ideal person for a consultation. Not all attorneys offer guidance about patent filing. IPFlair is one of the top quality patent service providers working actively in India to guide and help patent applicants. It is also important that a complete specification follow the provisional application within twelve months from the filing of a provisional application. It is a good step as the applicant automatically avails following benefits:
  1. Considerable time is available to applicants to give final touches to their invention.
  2. A unique chance to analyze the current & prospective market situation.
  3. An opportunity to have a hand over the other competitors with a similar invention.
B). Complete Specification
A Complete Specification can be filed directly or after the filing of a provisional application within 12 months from the date of filing of a provisional application. Complete Specification in different types of patent applications means an application has all the details of the invention. It is the one report with all the details, drawings, research, data, and relevant details. A complete specification includes the following:
  1. A copy of the priority document.
  2. Proof of Right to file Patent.
  3. Power of Attorney.
  4. A translated copy in case the application is not in English.
While filing a patent application, one needs to specify the Country, Status of the Application, Application Number, grant date, certified copy of the priority document, and Date of Publication.
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Convention Application :

Firstly, If the request for a patent claims the priority date of the same or a large extent, a similar patent application filed in one or more of the Convention countries, it is called a Convention application. To claim convention status, an applicant must apply within twelve months from the basic Indian Patent Office (IPO) application.

PCT International Application :

PCT stands for Patent Cooperation Treaty, an international patent law treaty providing a unified patent application filing platform that protects the invention in all contracting states. Under PCT filing, an applicant can file a single international application for a patent in a receiving office to seek protection simultaneously in all contracting member countries. After filing the PCT application, it takes approximately 31 months for the applicant to enter various countries.

PCT National Phase Application :

PCT National Phase Application must follow International Application. A PCT National Phase Application has to file in each designating country where the applicant sought protection within 31 months.

Application for Patent of Addition :

An applicant can file a patent for the improvement or modification of the invention he has already applied for or has a granted patent. No need to pay the extra renewal fee for the Patent of addition. It expires along with the main Patent. Also, there is no allotment of a patent for the main invention.

Divisional Application :

When an application is made for more than one invention, an applicant can divide the application at any time before the grant of a patent and file the further application(s) for the previous invention(s). Learn about IPFlair Different types of patent applications are as per the different situations. But, to make filling a patent easy, one has to count on an expert. We are top professionals actively working in the field of Patent and IPR. With five decades of experience, we have come a long with to deal with all the possible types of patent applications. Thus, it helps us make the process easy, and we can offer the best services. 

Perks of Choosing IPFlair as your Legal Guardian

  1. Reliable Services– We are offering a reliable service of filing a patent for each of our clients. We will take care of documentation, guide you about the right approach and help you throughout the process. Hence, It is not an easy task but a complex one that becomes simpler with our efforts. 
  2. Expert Handling– The patent filling application will be under the observation of our team. Experts will be managing the whole step-by-step process. Making it convenient for the applicant. Therefore, We will ensure there is no mistake in the process. 
  3. Facts check & Proper Research- In the beginning, Proper analysis and research are performed to ensure documentation is complete. The patent application needs to be complete, and we will do our best to do it for you. 
  4. Complete Legal Assistance– Firstly, each client will be given proper guidance to simplify the task. We will be briefing about each step and sharing all information from the requirements to the period of allotment of the Patent. 
Thus, We are here to offer the best quality services to our clients. We are working hard to ease the whole process for each of the patent applicants who reach out to us. We will be ensuring you find the right Patent for your invention. Finally, Book a consultation to know more!

What is copyright?

Copyright is a type of intellectual property right which seeks to protect original artistic, creative and literary works. These creations require tremendous intellectual efforts, and therefore the creators are rewarded with exclusive right to exploit their work commercially. The creator can seek copyright on books, music, paintings, sculptures, films and even on technology-based works such as computer programs and electronic databases. But it has to be remembered that an idea in itself cannot be copyrighted. It is the expression of that idea that can be copyrighted. Example – You may have a great plot for a love story in your mind. But you cannot claim copyright over that love story unless you reduce the plot to a written manuscript or a cinematographic film. Similarly, you may have a very good idea of developing a unique mobile application. But unless you write down the code for such a program, you cannot enjoy copyright protection on such program.
Who can own the copyright?
The creator of the work owns the copyright as soon as he/she creates the work. But it might not be possible for the creator to exploit the work all by himself. Therefore, the creator may assign such rights to persons who may commercially exploit the work. Example – The author of a novel may not want to get into the hassle of printing and distributing the books. So he assigns the copyright to the publishing house for such purpose. Similarly, a computer programmer may not have the resources to package, advertise and sell the software. So he may assign the copyright to a company which does the same for him.
What are the kinds of work in which copyright can be owned?
  • Literary work which includes Books, pamphlets, lecture manuscripts, speeches, sermons and other writings, computer programs, electronic databases
  • Dramatic and Choreographic work
  • Musical Work with or without lyrics
  • Artistic Work such as painting, drawing, lithography and engraving
  • Cinematographic films
  • Photographic works
  • Sound Recordings
  • Architectural Work
  • Illustrations, Plans Maps
  • 3-Dimensional works
What are the benefits of having copyright?
Copyright includes a bundle of rights. It can be classified into two major categories of rights :
  • Economic Rights
  • Moral Rights
Economic Rights
Economic Rights gives the creator to exploit their work for financial rewards commercially. Copyright law provides the following ways in which the creators may benefit financially from their work :
  • Reproducing a literary work in various forms such as sound recording or publication in electronic format
  • Public Performance of their works
  • Translation of their work into other languages – This right is not limited to novels or writings. It is extended to technological works such as computer codes which can be written in a different programming language
  • Adaptation of their work – Adaptation can be done by turning a novel into a screenplay. Similarly, adaptation may also include turning the plot of a novel into a computer game
  • Distribution of copies of the work – Only the creator himself or the persons authorized by such creator may distribute the copies of such work
  • Broadcasting Rights – Broadcasting rights include making the work available to the public at large through media such as radio, television, the internet as well as social media
  • Derivative works – Toys, Model Figures etc. based on fictional characters
Moral Rights
The moral rights give the creator to take actions with regards to preserving the integrity of their work. Moral rights remain with the creator, even after he/she has transferred all economic rights. The moral rights include :
  • Claim authorship of a work – Even after the author/creator has transferred all rights to a work, nobody can claim that he/she had originally created such work
  • The right to object to any distortion or derogatory action which would hamper the creator’s reputation and honor – Example of this would be changing the plot of a novel when being adapted in a cinematographic work to introduce vulgarity
Why should we register a copyrighted work?
Though registration of copyright is optional, it is nevertheless highly recommended. This is because, in case of infringement or counterfeit selling of the work, a creator has to establish that he had created the work before the other person in the court. Registration of copyright provides a prima facie evidence that the copyright existed with the creator on the date of creation. The court relies heavily on such registration and it becomes easy for the creator to claim damages from the opponent for violation of his/her rights. To get latest updates like and share our Facebook page!

What is a Patent?

Patent word originates from the latin word Patere which means “to lay open” or “to make available in public domain or for public inspection“.

A patent is an exclusive or negative right given by a sovereign state to the inventors for their inventions to exclude others from making, using, offering for sale, selling or importing the product or process(s) for the limited period of time.

Patent provides a temporary monopoly for the product or process to the inventor for the limited period of time in the exchange of full disclosure of the invention with enablement, the best mode and know how requirements.

Patent protection is a territorial right, means if an inventor is taking protection in a particular country, he/she cannot extend his/her rights to other jurisdictions. If inventors want to extend his/her protection in other jurisdictions then inventors must file a patent application in each country where they want to protect their inventions.

Every country has their own laws or rules regarding the patent but the basic requirements are almost same.

In India patent is governed under :

  • The Patents Act, 1970
  • The Patents Rule, 2003

The term which is granted under the patents, Act 1970 is for 20 years from the date of filing of a patent application in a patent office as per the manner prescribed under the Act or Rule, but the patent rights are enforceable from the date of grant of a patent.

The patented invention deals with the following requirements :

Under Section 2(1)(m) “patent” means a patent for any invention granted under this Act.

The Requirement of Invention is defined under Section 2(1)(j) which says “invention” means a new product or process involving an inventive step and capable of industrial application.

So, the invention must be a new product or process, and having inventive step and also capable of industrial application.

The Requirement of inventive step and capable of industrial application is also defined under The Patents, Act 1970.

Inventive step under Section 2(1)(ja) says “inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to the person skilled in the art.

Capable of industrial application under Section 2(1)(ac) says “capable of industrial application” in relation to an invention, means that the invention is capable of being made or used in an industry.

One top most or can say first requirement of patented invention is “Novelty“, novelty as such not defined under the Act but it can be refer from New invention which is defined under Section 2(1)(l) says that “new invention” means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e. the subject matter has not fallen in public domain or that it does not form part of the state of the art

So, for the patentable invention, a product or process must satisfy all the above three requirements i.e. Novelty, Inventive step and capable of industrial application requirements.

In addition, an invention also should not fall under the non patentable subject matter given under Section 3 and Section 4 of The Patents, Act 1970.

The benefits of having trademark protection

Though registration of one’s trademark is an optional exercise, it is nevertheless highly recommended, owing to several advantages that come with a registration of the trademark or trademark protection.

Some of these advantages are :

Using trademarks as effective communication tool

A trademark is used for distinguishing the goods and services of one person from that of another. It essentially identifies the source of the service or product and helps the organization build an association in the minds of the consumer with regards to the quality and characteristics of the goods or services.

Trademarks are used in many instances by the organization which includes the use in an advertisement as well as digital space. Thus, the chances of the trademark rights being violated increases in such a situation.

Today’s marketplace is crowded. Having a distinct registered trademark helps the consumers to find out the products and services easily and increases the revenue of the organization. Further, if the renewal fee is paid on time, trademarks never expire and thus a brand name is created which may survive centuries.

Extending the scope of protection of the trademark

The proprietors of the business often think that registration of the company or acquiring a domain name prevents competitors from using the same name. Though some form of remedy is available, but not registering the trademark can turn out to be a costly affair for the organization.

Registration of trademark serves a notice to the public that the proprietor or the organization is the owner of such a mark and is entitled to the exclusive use of the mark as such. It also puts a legal presumption that only the proprietor of the mark can use the same in course of the business. The business owner can not only have the common law remedy of passing off but also avail the benefits of claiming damages under an infringement suit if the trademark is registered.

Trademark protection brings in additional advantages as the owner can use ® symbol, which cannot be used if the mark has not been registered.

Avoiding Litigation and Conflicts

Before the trademark is registered, the attorney usually searches the database of the Trademark Registry to find out if there are any marks which may be conflicting with the mark proposed to be registered. Moreover, a thorough search is also done by the examiner of the trademark while examining the application. Thus, this two-stage search process minimizes the risk of the business owner being sued for the infringement of other’s trademark.

In the absence of the registration process, the business owner may get involved in an expensive litigation process and may lead to the payment of hefty damages. Further, the business owner may have to change the brand name, leading to loss of reputation and goodwill in the market.

Financial incentives and Building Value

A registered trademark is an intellectual property and thus an intangible asset. An intangible asset can be valued in monetary terms. Further, as an intangible asset, a trademark may be licensed or sold thus adding to the revenue stream of the organization. As an intangible asset, a trademark can also be used as a security or collateral for raising funds.

Further, registered trademarks of a company are held in better esteem as compared to unregistered ones by the investors. Potential investors are always looking out for a strong intellectual property portfolio and a business which has registered the trademark for its name, goods and services would have a better portfolio as compared to a business which is running with unregistered marks, as registration apart from increasing value provides clarity as to the holding of the rights during mergers and acquisitions.

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How can New Patent Amendment, 2016 Benefit Startups?

New Patent (Amendment) Rules, 2016 introduced Startups or Start-ups as a new entity which means a new, young and working towards innovation, development, deployment or commercialization of new products and processes or services driven by technology or intellectual property. The aim is to develop and commercialize a new product or services or process, or a significantly improved existing product or service or process that will create or add values for customers or workflow.

Also, the meaning of entity will be the private limited company as defined in the Companies Act, 2013, or a registered partnership firm registered under section 59 of the Partnership Act, 1932 or a limited liability partnership under Limited Liability Partnership Act, 2002.

Very first time Patent (Amendment) Rules, 2016 has defined Startups under Rule 2(fb), so according to the rule “Startups” means an entity, where :

(i) More than five years have not lapsed from the date of its incorporation or registration

(ii) The turnover for any of the financial years, out of the aforementioned five years, did not exceed rupees twenty-five crores and

(iii) It is working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property

Some of the exceptions are also introduced under the Rules which as follows :
  • An entity formed by splitting up or reconstruction of a business already existence shall not be considered as a startup
  • Products or services or processes which do not have the potential for commercialization shall not be considered as a startup
  • Product or services or processes with no or limited incremental value for customers or workflow shall not be considered as a startup

Now Patents (Amendment) Rules, 2016 has given certain benefits to the startups as follows :

1. Cost reduction in a filing of patent application :

Startups are considered as an individual person instead of small company/large company so the fees will be same as of individual person i.e. 1600 Rs. for physical filing and 1750 for E- filing of a patent application.

2. Expedited or faster examination system or expedited prosecution or less acceptance period :
An applicant can seek expedited or fast-track examination system on the ground that :
  • The applicant India has been indicated as the competent International Searching Authority or elected as an International Preliminary Examination Authority in the corresponding international application; or
  • That the applicant is a startup.

A request for expedited examination can be filed by paying the relevant fees, i.e, Rs. 8,000 for a Natural person/startup; Rs. 25,000 for the small entity and Rs. 60,000 for the others.

Also, form for the conversion of a request for examination to expedited examination is possible by paying applicable fees i.e. Rs. 4000 for a Natural person/startup; Rs. 15,000 for a small entity and Rs. 40,000 for others.

Faster or expedited time frame has been introduced :
  • Making of a report by the examiner for the application shall be one month but shall not exceed two months from the date of reference of application to him by the controller
  • The controller shall dispose of the report of examiner shall be one month from the date of receipt of such report
  • Issuance of the first statement of objection shall be 15 days from the disposal of the report of an examiner by the controller
  • Disposal of an application within three months from the date of receipt of the last reply to the first statement of objections or within a period of three months from the last date to put the application for the grant

So, the government has taken a new milestone to foster the development of startup in India, and new Patent Amendment Rules will encourage the new and young minds to come up with new ideas and take the benefits given by the government.

How patents can help to develop better technology or products?

Patents are the statutory right granted to the inventor or applicant for their invention for maximum 20 years of time from priority or filing date so that no one can manufacture and sell the products without the prior permission of the inventor or applicant.

Patents are the reason we are able to see the technology moving at a speed of the light speed. Since time memorial, when the first patent was granted and today where the companies are filing patents and granted the patents on the latest technology.

In search of a better world, the imagination and thinking power of human lead to various discoveries and invention with innovations on existing technologies and products.

The inventor or applicants in search of new and better technology which can transform the world are creating new products which have the lead human race to make this world a place of heaven with facilities.

Patents are playing a prominent and important role in the entire technology life cycle, from initial Research and development to the market introduction stages including licensing, where competitive technologies can be protected with patents and licensed out to third parties to expand financial opportunities are creating a competitive environment around the world.

This competition leads to the new invention and by exploitation of the existing technologies, a new and better product with advanced technologies are coming, helping the dire needs of human.

A patent can also be licensed to another party (a licensee), which permits that party to manufacture, use and sell the invention. In return, the license usually receives royalty payments from the licensee. The company getting the license to manufacture or sell the product or technology will do their research on particular product and technology and a new product can be expected by investing in research and development. The huge potential in technologies and inventions lead to the in-depth analysis of patents with the prior art and then shaping the future.

The latest trends in the technologies which will lead to the competitiveness among the companies and to introduce the newer and better products in the markets The unavailability of such information is unfortunate from an analytical perspective, since that information could be used to identify the utility of patents and the networks of patent information diffusion and application.

An Example of how the patent has changed the way in which the telephone invented by Graham bell and then got patent in the year 1876, and after that how the patent help other inventors or competitive companies or person to think to make it more efficient and to reach maximum people across the globe.

The invention of telephone in 1876 leads to the introduction of candlestick in 1900 and then introduction of rotary in 1940 where the function was to rotate the dial and then release but soon this products and technology were lagging behind as the AT&T in 1963, introduces the push-button or touch tone which allowed phones to use a keypad to dial numbers and make phone calls and most important was that a person can make the long distance calls sitting in another region.

After this, the answering machine on telephone made the telephone to record the calls. The beginning of 1980 saw the change in the technology and products which lead to the invention where the telephone were replaced by the portable phones and people across the world can call to another one.

It was in the year 1984 when first ever mobile phone was launched by Motorola and it actually shapes the world with dire needs to introduce the technology of signals and communications within a phone. Since 1984, the patent tug-of-war between Nokia, Motorola, Samsung, Microsoft, and Apple was there. As having a patent means protection for twenty years and other cannot use without prior permission from the inventor or from the applicant. To use the technology, the license should be granted and after that companies can use the patent and information so as to remain alive in world.

The patented innovation has performance innovation which increases the performance of the addition of functions, the durable innovation which decrease in damaging effects, an ergonomic innovation which means more ease of use, economic innovation which lowers the costs and made it easy for the end user to reach.

The actual use of Patents in technical, business and legal information for advancement of technology and products can be used for a number of different and broad purposes including :
  • Patented and non-patented literature of prior art searches to establish a baseline for technical research and development activities
  • To identify the key patenting trends with respect to technology in the same discipline or in inter-discipline patents and innovation patterns
  • Once patents have expired, the information is freely available for others to use and by way of dissemination of the information the people may reach to a new technology or new products
  • As the information related to Patent is public, patent databases whether paid or non-paid constitute an important source of technological knowledge of patented as well as non-patented literature. At the same time, individual patents are often only the part of a larger technology solution and written in such a way that know-how and other specific knowledge are required to fully deploy the invention to an economically profitable extent with leave loopholes for new technology to immerse within the sphere
  • Patent trends can be analyzed to identify Research and Development trends with know-how and to forecast innovations. The portfolio analysis which includes the number of patents filed in a certain field, the geographical location of patent filings, the name of filing organizations, applicants, and inventors, the referencing of patents with prior arts and the patent families around the world is used as indicators of innovation.
    Patent filings are often relevant to markets formation, patent analysis can generate valuable information about market development, such as which fields of technology current businesses intend to enter in the years ahead
  • Patenting of an invention is an indicator of RD&D progress and which will result in key technology which will emerge or be successful in the market
  • Competitive assessments of patent information in combination with information such as GDP and RD&D investments can indicate the technology competitiveness of a country or the economic performance of a company or country
  • Quality patents will ultimately help to increase the marketplace as well as economic growth and will help to enhance further technological innovation.

Important steps to consider for protecting your idea, before converting it into product?

The technological improvements in the world have led to the inception of various ideas among various peoples around the world who are not an inventor in a specific field but somehow due to their hard work or discovery, they have invented a novel invention or process which could be a blockbuster for the world or in a certain field. Now the question arises that how to protecting your idea before converting that idea into a product.

Important steps to be considered for protecting your idea, before converting it into a product :
1. IDEA WRITING :

First important thing is to write your idea into a paper. What are the features of the idea? What is all about the idea is talking about? On a paper, you can write the title, abstract, specification, material used, apparatus used specifically which are required to manufacture it. What future potential you are seeing it after getting a patent? What market is it going to affect?

2. CONSULT ATTORNEY :

Consultation with an attorney or advocate might give you insights of how to take a step forward in the market. Experienced attorney will help you doing market research and in patent search as well as convert your idea into the legal language which might help during patent filings so that you will not miss anything.

3. MARKET RESEARCH :

After this, you have to conduct a market search that how the product is going to change the market. Few thing to be kept in mind doing the market research.

What are the similar products which exist already in the market with same or similar to the idea, and if so, where are they selling and who’s buying the products? Who are your possible competitors? If competitors are already there, then what should be the price of the product so as to be reasonable to the public as compared to others?

4. INITIAL PATENT SEARCH :

Initial patent search actually helps protecting your idea or to give insights about the existing patent for the technology or to the product associated. Based on the location, you can do the Patent search as some of the products might not be available in the same location or in the different locations.

Attorneys will help you conducting a prior art search to find any existing worldwide in patented as well as non-patented literature. The freedom-to-operate analysis will help you building a legal opinion as to whether a particular product is considered to infringe any patent(s) owned by an individual or other organizations.

5. MAKE/DEVELOP A PROTOTYPE :

Prototype is an individual that exhibits the essential features of a later type. Convert the idea into a diagram or drawing, or any product or professional product so that it can be shown to companies for licensing or to show it to the patent office for working. Make the prototype with the help of latest 3-D printing techniques.

Once it is developed, it’s time to start bringing an idea to fruition. This prototype will help you to find the flaws in the product and if something is missed in the product, so it is an early stage to rectify the flaw and make a perfect product for the public. You can show the prototype product to the companies for licensing agreements.

6. CHOOSE BETWEEN MANUFACTURING AND LICENSING :

After prototype, carefully choose what actually you want to do to with the product, either to manufacture by yourself or give it to a company to license it so that company has right to manufacture and sell. Well, chose it carefully as once the product is licensed, you will not be able to manufacture it and if you did, then infringement suits will be followed and that will be an extremely costly business.

Manufacturing the product will bring question like an office, location with where to manufacture it, where to store raw materials, storage capacity and transportation. These things needed to be addressed as early as they can to avoid any possible future conflict.

7. FUNDING :

Funding is an important part after a prototype is developed and you chose to manufacture it by yourself. You can seek help by asking Government to provide funds (Start-up funds in India), collaboration with governmental or non-governmental agencies, various research companies, crowdfunding, bank loans and microloans.

8. LEGAL REQUIREMENTS/STEPS:

Legal requirements are going to be a huddle as if you have decided to go either for licensing or for manufacturing of the product, then you have to sign many documents like :

  • Technology transfer or know-how or technical assistant agreement
  • Source code escrow agreements
  • Design and development agreements
  • Settlement agreements
  • Franchise agreements
  • Royalty agreements
  • Marketing agreements
  • Distribution and sale representation agreements
  • Material transfer agreements

One mistake while signing these documents can lead to a loss of money which you have invested, so be careful.

9. CONFIDENTIALITY :

It is the dominant step or at supreme priority as once your idea is leaked, then all the above-mentioned steps are of no use, as everybody knows now what you are planning. Maintaining the confidentiality of your concept or idea is very important. Only tell those people to whom you can trust or better to keep it as a trade secret so no one would be aware of that.