A patent is a right granted to an inventor by the federal government that permits the inventor to exclude others from making, selling or using the invention for a period of time. Patent is an intellectual property right that can protect apparatus, methods and uses of technical devices, as long as they are novel, based on an inventive step and industrially applicable. It is also possible to protect computer programs or software in India and abroad by a patent provided that the program causes a technical effect or solves a technical problem using technical means.
To be patentable, an invention should satisfy three basic criteria i.e., novelty, non-obviousness and industrial application. Based on the invention disclosure, PatnTech conducts a thorough Prior Art Search to identify patent and non-patent literature similar to the invention to establish its novelty and non-obviousness.
Prior Art Search is designed to let you know the likelihood of obtaining a patent on your idea. Although the law does not require that you do a prior art search before filing a patent application, it is advisable to ensure that the feature(s) of your product is unique and patentable.
Depending upon the development stage of the concept or invention, business need and time, our patent agents/attorneys will suggest the type of patent application such as provisional or non-provisional/complete patent application needed for the invention. Patent Attorneys/Agents at PatnTech have extensive experience in drafting high quality patent applications in compliance with the requirements of various patent offices. We draft a comprehensive patent specification covering all embodiments of the invention. Our team has experienced illustrators to prepare utility patent drawings to properly support the patent specification.
Whether the client wants to file a patent application in India or different jurisdictions via PCT or directly before USPTO, EPO, China and/or other jurisdictions to obtain patent protection, our patent agents customise the patent specifications to meet local filing requirements. We also work with patent attorneys in the other jurisdictions and assist them throughout the patent filing procedure.
National Phase filings
We enter foreign or PCT applications into Indian national phase before the Indian Office. Our service includes a review of the application and related documents, suggestions for corrections or amendments to conform the application to standard practice in India.
The team at PatnTech has in-depth knowledge of the complexities and nuances of patent office examinations (examination report). Our team is capable of providing accurate technical analysis and response strategy that can be presented to the Patent Office to overcome the objections.
We can handle office actions from Indian Patent Office (IPO), U.S. Patent and Trademark Office (USPTO), European Patent Office (EPO), Australian Patent Office among others.
Patent validity/invalidity searches are conducted to either validate the claims in an issued patent or to invalidate one or more claims of a competitor’s patent.
Our team has extensive experience in several technology domains including Mechanical, Electrical, Electronics, Telecommunication, Information Technology, etc to unearth one or more prior art references that the patent examiner overlooked so that a patent can be declared invalid.
Before launching a product/technology, it is essential to conduct a freedom to operate (FTO) search to ensure that the desired product can be safely launched in a specific market/country or Jurisdiction without infringing or violating others’ intellectual property rights within that particular jurisdiction. FTO search can be conducted at any stage of the product life cycle to determine the direction of product/technology development considering any granted and alive (in-force) patents or patent applications in those jurisdictions.
Our team has extensive experience in several technology domains including Mechanical, Electrical, Electronics, Telecommunication, Information Technology, etc to map the features of product/technology to claims of patents.
What is a Patent?
A patent is a legal right given to the patentee by the State to exclude all others from making, using or selling the invention for a certain period of time, usually 20 years. Subsequently, the inventor must disclose the invention so that it is free for all others to use when the patent expires.
Why do I need a Patent?
Securing a monopoly for a technical invention and also to create a valuable Intangible Asset. Today, a large portion of assets of major companies across the world are in Intangible form. Nearly 90% of the value of the Big Five tech companies(Amazon, Apple, Microsoft, Facebook and Alphabet(Google) comes from their Intangible Assets.
What is patentable?
For a valid patent, an invention must be
- involve an inventive step
- be capable of industrial application.
What is Novelty?
An invention is new if it does not form part of the state of the art. The state of the art comprises everything made available to the public, anywhere in the world, by means of a written or oral description, by use, or in any other way, before the date of filing of the patent application.
What is an Inventive Step?
It is a feature of an invention that involves a technical advancement as compared to the existing knowledge or having economic significance or both, and that makes the invention not obvious to a person skilled in the art.
What is prior art?
Prior art is evidence proving that the invention was known earlier. Prior art may include published disclosures, public demonstrations / use, disclosed to the public by other means, and oral descriptions,
I have disclosed my invention in a conference or on Social Media; can the corresponding publication stop me from getting a patent?
The prior art constitution varies among various jurisdictions. For example, the US patent law accepts “your disclosure” if it has been made within a year prior to the patent filing date. Other countries including India and Europe have a first to file concept where your own disclosure can constitute prior art for your patent application.
Do I need to conduct a patent or prior art search before filing a patent?
A patent search helps to know if your invention already exists or is similar to any other known invention. You can explore patent databases and other available resources to identify prior art.
What happens if there is prior art of your invention?
It simply means your patent application may get rejected on the ground of not being unique or being similar to an existing invention.
What is a Provisional Patent application?
A provisional application is a legal document filed before the Patent Office that establishes an early filing date, but does not mature into an issued patent unless the applicant files a regular non-provisional or complete patent application within one year.
What if I don’t file a complete patent application after filing provisional patent application?
The provisional patent application gets abandoned and you cannot claim priority to your provisional patent application.
What is the complete specification?
A complete Specification is a regular patent application that the patent office prosecutes, examines and grants. A complete specification consists of the full disclosure of the invention along with claims that define the legal limits of the invention.
What should a patent specification contain?
Field of invention.
Background of the invention.
Brief summary of the invention.
Brief description of the drawings.
Detailed description of the invention.
Drawings, if any.
What does patent pending mean?
The term “patent pending” refers to a patent application that is pending before the patent office. Patent pending means that the application has been filed with the patent office, the application is pending with the patent office, but no patent has been granted or issued.