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IP is truly one of the cornerstones when you start your business. Everybody thinks that we have pan IP laws in India.IP rights in India are very solid. You have to find the right people to enforce them. The patent law in India is one of the strongest patent laws in the world.
Intellectual Property Issues for Consideration When Having a New IdeaDemetris Hadjisofocli
Demetris C. Hadjisofocli. This presentation is a short heads up on what is important to be aware off when someone has a new idea that it is considered for patent registration in order to protect its intellectual property rights. It also outlines the various valuation methods available.
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This article focuses on what happens after you file a non-provisional patent application. It does not apply to provisional patent applications. To understand provisional versus non-provisional patent applications, see our other posts on provisional patent application versus non-provisional patent application.
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It also provides exclusive rights to manufacture, sell, use, or benefit from the invention. A patent ensures that no one can steal a unique design or idea. The following section of this article illustrates the different steps involved in filing a patent. Most inventors hire patent attorneys, but it is always beneficial for inventors to have complete knowledge of protecting their unique ideas or designs.
This discussion can assist you perceive utility patent applications. It explains what a specification, claims, descriptions, and declaration are and the way to jot down them. The descriptions and claims are important to an application; they're what the patent examiner can consider to work out if your invention is novel, useful, no obvious, and properly reduced to follow as lined in our lesson on patentable.
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A general overview of trademarks, patents and common issues in license agreements presented on March 25, 2011 for The Entrepeneurs Initiative in Tucson, Arizona
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So your patent application is filed, what can you expect next from the US Patent Office? Read on to learn about informality, restriction, rejection, and allowance.
This article focuses on what happens after you file a non-provisional patent application. It does not apply to provisional patent applications. To understand provisional versus non-provisional patent applications, see our other posts on provisional patent application versus non-provisional patent application.
After your non-provisional patent application is filed, you may receive one of the following types of notices from the US Patent and Trademark Office (USPTO). Any notice from the USPTO is called an office action
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People who are trying to create something original and useful for the community always require a patent for their invention. It prevents others from copying or stealing the idea from an individual. Applying for a patent is often a long and complicated procedure, but Patent Services USA helps to break it into a five-step approach. In simpler terms, a patent is a type of monopoly grand given by the government to the inventor for a specific period.
It also provides exclusive rights to manufacture, sell, use, or benefit from the invention. A patent ensures that no one can steal a unique design or idea. The following section of this article illustrates the different steps involved in filing a patent. Most inventors hire patent attorneys, but it is always beneficial for inventors to have complete knowledge of protecting their unique ideas or designs.
This discussion can assist you perceive utility patent applications. It explains what a specification, claims, descriptions, and declaration are and the way to jot down them. The descriptions and claims are important to an application; they're what the patent examiner can consider to work out if your invention is novel, useful, no obvious, and properly reduced to follow as lined in our lesson on patentable.
How To Patent A Prototype In Australia?IPPARTNERSHIP
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As an investor, you are aware of the challenges involved in turning a concept into a finished product. All inventions demand a major time and financial investment, regardless of how tiny, simple, and innovative they are or how complex and tough they are. This frequently results in patent applications. The need for a prototype prior to filing for a patent is one of the crucial factors that many people take into account. In these cases competent patent or trademarking lawyers who can assist you in making these crucial selections as well as handle them on your behalf is needed.
Visit-https://www.ippartnership.com.au/trade-marks.html
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Read the USPTO’s list of what can be patented found on their website (uspto.gov).
Read more https://www.ideadesignstudio.com/blog/calling-in-the-experts-why-how-you-need-to-patent/
Patent attorneys represent clients in obtaining patents and in all matters and procedures associated with patent law and practice, such as filing patent applications and opposing granted patents.
“How do I get a patent?” is our #1 question from entrepreneurs. In this presentation, we'll tell you what you need to know to get a patent - and how to succeed in the patent process.
This presentation will help you evaluate whether you should be taking steps to protect your startup's intellectual property. It will cover the different methods for protecting your IP (patents, copyrights, etc.) and will provide some specific guidance on how to go about putting IP protections in place.
. It’s purely about a new technical solution that you find fit and one that will yield you better results. And obviously, when it’s getting you better results why wouldn’t you safeguard it.
Accuprosys offers Intellectual Property Law Services, Intellectual Property Rights,
Trademark Registration, Design Registration and Copyright Registration Services to Indian clients and as well as abroad clients. IP related services are at most demand because of the dire necessity to protect ones IP from infringements. If ones brand is not protected all the efforts, pains that have been put across to build the business over years will go in vain – If protected
effectively the brand might be worth of billions of dollars in the near future.
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The idea of intellectual property pertains to the reality that a few products of human intellect must be given the same rights of protection that enforce to physical property. Many of the developed countries have legal standards set in place to guard such kids of property.Corporations are steadfast in classifying and guarding intellectual property due to the huge worth they hold in knowledge-based economy. Bringing about the worth from the intellectual property and thwarting others from getting worth from the intellectual property is a crucial duty of any company.
Accuprosys is one of the pioneers of intellectual property services in India. All you need to do is get in touch with the well-abled people at Accuprosys and they will guide you in the best ways of keeping your intellectual property well protected and secured and profitable to your business in the years to come.
The term ‘global patent’ comes from the Latin word ‘patent-em’, which means ‘public.’ A patent is a declaration issued by the government to the creator that allows them to create, use, and sell the invention. Unlike patents, the dominance occurred when creations were not revealed and only sold to a limited number of people.
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1. 10 Myths about Patent Agent Examination
Myth #1: Patent agent exam is for lawyers and
completely law-based
According to the Government of India, the minimum
qualification to appear in the patent agent exam is — “Any
Science Graduation”. There is no mention of any Law
graduation or legal knowledge. This clearly indicates that a
patent agent is supposed to be a person with technical know-
how, which is good as patents are actually the protection of
“Technological Inventions”. Do you have to study law? Yes, a
little bit, The Patent Act 1970 to be exact. But the law is tough.
How will I study? No, this law revolves around technology and
inventions. It revolves around — what is an invention? What
are your rights as an inventor? How to protect invention? And
what can be done if somebody steals your invention etc. So it
is actually very interesting for every science person and not
difficult. For people who still think it might be difficult IIPTA
has rewritten every important section for patent agent exam in
plain, simple English in the book “Paper 1“.
Myth #2: I will be changing my field when I become a
patent agent?
No. If you notice closely, the government only conducts the
patent agent exam while there is no
institute/college/university recognized by the government to
impart education on the patent agent. This is a professional
certification for the government, to increase your avenues and
not to divert you from your mainstream.
2. What it means is, after becoming a registered patent agent:
You can be in the field you are presently in, use the new
knowledge in research, file patents for your own inventions or
inventions of other people of any field and not just your field
and be a more knowledgeable and responsible researcher /
professional. Indian Institute of Patent and Trademark 13 If
you want you can join any organization in RnD (in your field
or if you wish any other field) in the IP department. Yes,
every good RnD department of an organization has an IP cell
nowadays. If you wish you can join a Law firm (you will still
not need a law degree, you are a registered patent agent
remember? That’s big) You can also start your own
consultancy firm and give consultation to other
people/researchers, etc in need of IP and Patent help.
Myth #3: Patent Attorney is a higher post than Patent
agent and it is better to become a patent attorney
directly.
Patent Agent and Patent Attorney are different people and
they have a different job. No one is above the other. See below
the scope of jobs.
PATENT AGENT PATENT ATTORNEY
No law degree is required. Law degree required.
Understanding the invention is easy because you are a science
graduate.
Science degree required.
3. Understanding of the invention is patentable or not.
If there is an infringement, i.e. someone is stealing someone
else’s invention; patent, etc. a patent attorney will be
representing the client in the court of law.
Understanding that the invention is just one invention or a
group of inventions.
Giving notices to the infringing party.
Drafting the patent claims to be actually protected in the
invention.
Note that patent attorneys may also do all the things that a
patent agent does, but essentially they are experts in the Court
of Law which might take most of their time.
As you are a technical person, you can help in increasing the
scope of
the invention by also including the applications of the
invention in various industries, which a lawyer may not be able
to do. Thus, helping the inventor greatly.
Filing the patent application on behalf of the inventor.
Replying to the technical objectives of the patent office in the
first examination report.
Due to continuous research, if the invention is achieving even
better results in the lab, you may be filling a patent of addition.
Getting the grant certificate for the inventor. PATENT AGENT
4. PATENT ATTORNEY
No law degree is required. Law degree required.
Understanding the invention is easy because you are a science
graduate.
Science degree required.
Understanding of the invention is patentable or not.
If there is an infringement, i.e. someone is stealing someone
else’s invention; patent, etc. a patent attorney will be
representing the client in the court of law.
Understanding that the invention is just one invention or a
group of inventions.
Giving notices to the infringing party.
Drafting the patent claims to be actually protected in the
invention.
Note that patent attorneys may also do all the things that a
patent agent does, but essentially they are experts in the Court
of Law which might take most of their time.
As you are a technical person, you can help in increasing the
scope of
the invention by also including the applications of the
invention in various industries, which a lawyer may not be
able to do. Thus, helping the inventor greatly.
5. Filing the patent application on behalf of the inventor.
Replying to the technical objectives of the patent office in the
first examination report.
Due to continuous research, if the invention is achieving even
better results in the lab, you may be filling a patent of addition.
Getting the grant certificate for the inventor.
Verdict: The above comparison is in no way intended to
undermine any profession. The point is: it is not compulsory
to be a lawyer to be the best Patent Agent. If you see your
future in a court of law and litigation — go for being a Patent
Attorney, if you prefer staying in the science and technology
field, being a Patent Agent is the right choice. Personal
thought: after years and studying law, going back to studying
absolutely new and highly advanced technologies may be tough
for some people and not helpful for the inventor (client), that’s
why a lot of work (except for litigation, of course) is passed on
to Patent Agents in law firms. As research, even law firms have
more vacancies for Patent agents than Patent Attorneys.
Myth #4: My science knowledge will not be utilized
Again, minimum and compulsory qualification for even
appearing the Patent Agent Exam in — Science Graduation,
science knowledge is needed and will always be utilized in
patent works. Also as seen in the above myth (#3) there is a list
of things a Patent Agent is responsible for and they are not
possible without any scientific knowledge.
Myth #5: I cannot be a patent agent because I’m
already doing a job
6. Patent Agent is a government professional certification; you
get a certificate from the government and a registered patent
agent number after clearing the exam. There is no need for
you to leave your job or college.
Myth #6: I will have to change my location to a place
where the patent office is located
No change of location is required. It is called Indian Patent
Agent and not something like Delhi Patent Agent or Mumbai
Patent Agent. You are allowed to be anywhere, practice your
patent profession anywhere, or just utilize the knowledge in
your present job or course of study. This certificate will only
increase your knowledge, promotion possibilities, and new
career option.
Myth #7: The patent agent exam is very tough
Some people think it is tough because they are technical and a
little law is involved, as discussed in Myth #1, patent law
revolves around research, invention, and rights of an inventor,
so it is interesting. Just make sure you don’t start preparing
for the exam in the last week and expect to clear it. Start a little
early and take just a little time out of your office or regular
studies and you will be Indian Institute of Patent and
Trademark 16 good. If you need expert help you can see the
patent agent exam preparation series by IIPTA.
Myth #8: The patent agent exam is very easy because I
am a lawyer.
Knowledge of science is not required for patent drafting. Try
this and you might fail. Firstly; if you are a lawyer; but do not
have an additional science degree, your application to appear
7. in the Patent Agent Exam will be rejected by the Patent Office
of India. Secondly, good patent claim drafting is not easy if
you do practice it well and have good guidance. Law will only
tell you, what is the definition of claims of a patent? Lastly, in
viva voice, you will be asked questions which will be
intellectual property or patent aspects of different technologies
and science.
Myth #9: I can only file a patent for other people and
clients but not for myself.
I am an Inventor Once you become a registered patent agent,
you can file patents from yourself, others, and also in any
technology which may be different from your present expertise
or field of research.
Myth #10: I am an investor/researcher and Patent
Agent knowledge will not be useful in doing research.
The general trend amongst researchers in India is to write
researcher papers and get them published as soon as possible.
Once the paper is published it is in the public domain now and
thus cannot be patented even it is something new like an
invention. Patent knowledge will help you identify the
research that is patentable in India and abroad for yourself;
your organization and others. It will also help you in possibly
identifying white gaps or patentable ideas in technology if you
can do a technology landscape search. Many technologies are
built upon previously existing technology, but what is the
previously existing technology is protected by a patent by
someone else. You can find this out by Freedom to operate
patent search. There are much more applications of patent
knowledge in further research, people have basically written a
8. book on this subject. So, in 1 line: Yes, your knowledge on
patents will be highly useful in doing further research.
This article is by INDIAN INSTITUTE OF PATENT &
TRADEMARK
(https://www.iipta.com)