4 PATENT HACK YOU MUST KNOW THAT SAVE MONEY AND TIME
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why Patent Search is important before moving to Patent FAQ:
Patent search or/Prior art Search is important to decide the status of technology in reference to advancement in the field. It’s a basic search for qualify term of novelty in an invention. Prior art search or Patent search fetch all the existing records file worldwide similar to your proposed patent application or in simple words Patent search is a tool to check the novelty of your patent. Patent search checks if the similar patent idea has already been filed or not, if yes, then what is the status of such patent application- either published, granted etc. So even before you start working on idea make sure you fetch a Patent search report first.
OTHER PATENT SEARCH:
Infringement Analysis/Infringement Search is performed to locate any unexpired patents whose claims read on the patent. A product owning company to identify patients that it may be infringing upon may also undertake the search. It is the first step taken by a company when faced with a patent infringement lawsuit.
Freedom to Operate (FTO) search is usually used to determining whether a particular action, such as testing or commercializing a product, can be done without infringing valid intellectual property rights of others. So that one can take a particular action, like launching, developing or producing a product, without infringing the IP rights of others.
Patent Validity/Invalidity is used to determine whether a patent can be invalidated because the invention was not novel and inventive when the patent was granted. For this reason, a Validity Search is also known as an Invalidity Search. Patentability Search is conducted before you take out a patent to establish the novelty of the invention. A Validity Search is carried out once a patent has been granted to test whether the invention truly satisfied the novelty provisions of the patent application process. If a patent search can be discovered that was missed during examination by the Patent Office, the patent can be invalidated.
Invalidate Patent Infringement If you have been sued for infringing a patent, you can use a Validity Search to try to invalidate that patent. Attending negotiations with a plain envelope containing invalidating patent search always helps you convey an air of confidence.
Patent search to Patent Licensing before licensing the patent technology, you should conduct a Validity Search to see whether the licensor has a legitimate claim to the patent. Similarly, a Validity Search can confirm your patent claims and potentially increase the fees you charge for licensing your technology.
Technology Landscape/Patent landscapes can provide a very unique and valuable perspective on technology and its commercial interests. A Patent Technology Landscape analysis helps our client to understand the market involving a particular technology, the latest development involving such technology and the strengths of its competitors. The study helps a client to take important decisions and strategies involving the R&D of a product, investing in certain areas of technology, identifying patent trends, and understanding the competitors’ strategy amongst others. A patent landscape analysis will help you to gain an overview of a technology sector, your competitors or chronological developments in a field of technology. In addition, it can also help you to better evaluate the economic value of a patent portfolio.
A patent landscape analysis will help you to identify the following:
The innovative focus of companies, industries and countries
Technology leaders and their IP strategies
Technological positioning of companies and their chronological changes
Unique selling points of companies
Strengths and weaknesses of patent portfolios
We provide complete solutions on a patent from novelty search to drafting & filing of patent National & international application.
What is a patent?
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.
An invention must fulfil certain patentability criteria, which can vary across jurisdictions. In general, the term 'invention' means a unique product or process. The invention must:
be novel – it must have at least one feature which is not present in the single patent search;
be non-obvious – it must have at least one feature which is novel and should not be obvious to a person skilled in the field of the invention in view of a combination of multiple patent search or a single patent search and common general knowledge; and
have industrial application – most jurisdictions proscribe patenting in certain areas (eg, scientific theory, new animal or plant varieties, methods of treatment, algorithms, mathematical formulas, business methods and software).
What kind of protection does patent offer?
The patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner's consent.
Is my patent is valid in every country?
Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region.
How can patents be obtained worldwide?
At present, you cannot obtain a universal “world patent” or “international patent”. Patents are territorial rights. In general, an application for a patent must be filed, and the patent granted and enforced, in each country in which you seek patent protection for your invention, in accordance with the law of that country.
If you are seeking patent protection in a number of countries worldwide, a good option is to file an international application under the Patent Cooperation Treaty (PCT), administered by WIPO.
How long does a patent last?
The protection is granted for a limited period, generally 20 years from the filing date of the application.
What patent application should I File? what is the difference between provisional and complete patent application?
A patent application can be defined as two ways:
Provisional specification Patent Application
A provisional patent application is a simple and cost-effective way to protect your invention and also a requirement of filing a provisional patent is relax comparatively to complete patent. We suggest Provisional patent only when your invention need improvement, or you looking for fund to make it better. A provisional patent gives you 12 months to improve you're invented or find an investor for your concept. During provisional patent registration you have to submit a detailed description of patent invention I.e. Title, summary, objective, claim and abstract etc.
Complete specification patent Application or Ordinary Application or NON- Provisional application
Complete specification patent application is a techno-legal document that fully and particularly describes the invention and discloses the best method of performing the invention. As the Complete Specification is an extremely important document in the patent proceedings it is advised that it should be drafted with utmost care without any ambiguity. We advised when your invention is ready to claim its uniqueness and novelty. Its also advisable at this stage because of addition IP assets in your company and for further licensing its invention in a related industry. Do you know, any company in the world earn its major revenue from further licensing their invention
Tell me more about the different patent application filing procedure?
PCT INTERNATIONAL APPLICATION
A PCT application is an international application governed by the Patent Cooperation Treaty and can be validated in up to 148 countries. India is part of the treaty from Dec 1998. A single international patent application can be filed in order to seek protection for an invention in up to 148 countries throughout the world. The priority date obtained by filing a PCT application is internationally recognized and has an effect on each of the countries designated. It gives the application 30/31 months to enter into various countries from the international filing date or the priority date and therefore gives the applicant more time to assess the viability of the invention.
PCT NATIONAL PHASE APPLICATION
When an international application is made according to PCT designating India, an applicant can file the national phase application in India within 31 months from the international filing date or the priority date (whichever is earlier).
PATENT OF ADDITION
If you feel your invention come across an invention, which is a slight modification in the invention for which you have already applied for or obtained a patent, we suggest, for a patent of addition if the invention does not involve a substantial inventive step. There is no need to pay the separate renewal fee for the patent of addition during the term of the main patent and it expires along with the main patent.
This to be file when invention claims more than one patent, the invention may divide and file two or more applications, as applicable for each of the patent inventions. This type of application, divided out of the parent one, is called a Divisional Application. The priority date for all the divisional applications will be the same as that claimed by the Parent Application (Ante-dating)
Can I discuss details of my invention with a potential investor before filing a patent application?
It is important to file a patent application before publicly disclosing the details of an invention. If disclosing your invention before filing a patent application is unavoidable – for example, to a potential investor or a business partner – then any disclosure should be accompanied by a confidentiality or non-disclosure agreement. It should also be kept in mind that applying early for patent protection would generally be helpful when seeking financial support to commercialize an invention.
What happens if I don’t patent my Inventions?
If you don’t patent your invention, competitors may well take advantage of it. If the product is successful, many other competitor firms make the same product by using your invention without needing to ask for your permission. Larger enterprises may take advantage of economies of scale to produce the product more cheaply and compete at a more favourable market price. This may considerably reduce your company’s market share for that product.
But that’s not all. The possibilities to the license, sell or transfer technology will be severely hindered if you don’t patent your invention; indeed, without intellectual property (patent) rights, transfers of technology would be difficult if not impossible.
Finally, you have to consider the possibility that someone else may patent your invention first. The first person or enterprise to file a patent for an invention will have the right to the patent.
Please feel free to contact us for any further clarification on