Trends In Patent Regime Of India From 2012-17: An Efficient Era?

The Indian government has tried to strengthen the patent regime in India over the last few years. An Intellectual Property Rights (“IPR”) friendly regime is important for attracting foreign investors and companies. It also promotes growth of innovation by both domestic entrepreneurs and start-ups across all industries. Globally, India is presently Rank 14 in Patent filing activity by origin while China has consistently stayed in Rank 1 position. This article analyses the trends in the patent regime of India from 2012 to 2017. The main source of information is the Annual Reports released by the Office of the Controller General... Read More

The Benefits Of Doing Market Analysis With Patentability Search

Innovative creations are necessary in the contemporary market where products keep getting upgraded with newer features. However, not every invention is capable of creating an impact in the industry. Take, for example, the 3-D Television. Poor market research could be one of the reasons why the manufacturers failed to realize that consumers were not attracted to it and in fact, had various complaints in regard to the technology. Considering that the process of obtaining a patent is long drawn and involves substantial time, effort and investment, it is advisable for an inventor to gauge the market comprehensively before going forward... Read More

Walmart Seeking Patent Protection For Its Invention – “Robotic Bees”

As we all know, honey bees play a vital role in pollination. In recent days there is a threat to the honey bee population which affects the pollination process. This issue cannot be taken for granted as pollination is the backbone of agriculture and the food that we eat. People started reacting to this issue based on which, just a few months back USA supermarket giant Walmart has filed a patent for 'Tiny Robotic Bees'. However, this is not to be considered as first pollination drone. In 2017, Eijiro Miyko of Japan’s National Institute of Advanced Industrial Science and Technology... Read More

Patenting Your Invention – Five Common Mistakes to Avoid

A road to gaining significant profits by commercializing an invention begins with filing of a patent application for obtaining a patent. There are many common mistakes, which an applicant commits that may lead to undesirable consequences such as failure to obtain the patent even if the invention has potential to bring high monetary value to the applicant. Some of the common mistakes that an applicant can avoid for smooth flow of patenting process are: Mistake 1: Delay in Filing Patent Application Many countries have opted for a first-to-file system. Under this system, the right to grant of a patent for an invention... Read More

International Patent Application Vs Direct Overseas Patent Filings

The patent filing services across the globe follow similar stipulations for filing of international patent applications. A patent applicant has the following three options for filing an international patent application: Filing the first patent application in a Paris Convention country (member state of Paris convention) and then file separate applications in other Paris convention countries within 12 months from the filing date of the first application. Using the PCT filing procedure i.e., The Patent Cooperation Treaty (PCT) which is an international agreement that provides a unified and simplified procedure for filing multiple foreign patent applications via a single initial application.... Read More

Patent Prosecution in India – Restoration of Lapsed Patent

Patent is an important, but an expensive way to protect our invention, product and/or process according to its originality, practicality and utility. However, the end financial gain from a patented invention is quite high, if the invention is of good commercial value. Term of a patent is 20 years that starts with earliest filing date of a patent application (i.e. from the filing date of a provisional application or the filing date of a complete application in case the provisional application is not filed). To maintain a patent, a maintenance fee or a patent renewal fee needs to be paid... Read More

Patent Filing in India – Publication of Patent Application

According to the Patents Act, 1970, a patent application is not open to public before expiry of 18 months from the date of filing and/or date of priority (whichever is earlier) of the application. The Patent Office publishes the patent application in the Official e-Journal ordinarily within one month from the date of expiry of 18 months from the date of filing or priority (whichever is earlier), except under some specific conditions where: a secrecy direction is in force application is abandoned under subsection (1) of section 9 (complete specification is not filed within twelve months from the date of... Read More

Patent Filing in India – Divisional Application

Unity of invention is a formal administrative requirement that must be met by a patent application to become a granted patent. According of sub-section (1) of section 16 of the Patents Act, 1970, “A person who has made an application for a patent under this Act may, at any time before the grant of the patent, if he so desires, or with a view to remedy the objection raised by the Controller on the ground that the claims of the complete specification relate to more than one invention, file a further application in respect of an invention disclosed in the... Read More

Patent Filing in India: Patent of Addition

A patent is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. An invention is a solution to a specific technological problem for which a patentee obtains protection as patent. In a competitive world, technologies and innovations built on existing knowledge are changing rapidly with time. Hence, the patentee needs some ways to protect such improvements and modification over his/her already protected innovation. Here, the Patents Act, 1970, enables a patentee to apply for an improvement or modifications over... Read More

Foreign Filing License Requirement

At various instances, an applicant or an inventor may require to file a patent application directly in a foreign country other than country of residence. There could be diverse reasons pertaining first filing in a foreign country, such as, non-patentable subject matter in country of residence, low market potential in country of residence, etc. In such instances, many countries impose requirement of obtaining a Foreign Filing License (FFL) from an appropriate authority. FFL is a permission obtained from appropriate authority of country of residence of an applicant to file patent application directly in a foreign country without filing in country... Read More