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MenuHow to file a technological patent in India?
I have an idea related to charging mobile phones.
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Hi
Sounds amazing. Although I am an attorney, I do not work in India. That said, I have an amazing attorney in India who I am sure can assist (I do not know his fees).
If you're interested in an introduction, feel free to reach out (free of course).
Good luck
Intellectual property is an intangible asset – one that can bestow the world with an invention that can make life simple and contribute to the inventor or his company’s fiscal growth. An Intellectual property brings with it a whole lot of benefits. It can turn an idea into a profit making asset, enhance the market value of a business and even help raise finances. Various inventions such as solar power trees, solar water purifiers, cane-based prosthetic limbs and self-repairing roads have all been credited to Indian investors. These inventions have truly changed the world.
If you have created or invented a process, product or service that can be defined as an original invention, it is in your best interest get it patented. Patenting your invention prevents your competitors from profiting from something created by you. If you need to file a patent, you can refer to this step-by-step guide covering the entire patent process in India:
1. Check if your invention is patentable: Before you begin the patent registration process, you need to check if your invention is patentable. This means that you need to check if another individual has filed a patent for a similar technology for which you are filing. Performing an in-depth patentability search helps you understand whether you have a chance of getting a patent. While this step is optional, it can save time and help you understand whether you should file for a patent in the first place.
2. Draft the patent application: You can now begin the patent application process. Indian applicants need to fill Indian Patent Application Form 1. For every patent you file, you need to mandatorily provide a Form 2 patent specification. You can choose between a provisional and complete patent application, based on the stage of invention. This means that if you are still testing your invention, you need to apply for a provisional patent application. You get a period of 12 months to complete the invention and file for a complete patent. You need to pay special attention when you are drafting your patent application. Your patent application should include clauses such as usability and outcome of the invention in detail. You should also include the necessary clauses including your intention to license your invention and preventing competition from using and thereby, profiting from your invention. Ensure caution while drafting your patent application, be meticulous and include clauses that prevent the competition from using your technology.
3. Filing the patent application: Your patent application needs to be submitted with several application forms. As per the patent filing procedure in India, you need to submit all of the below mentioned forms. Links to all forms and an applicable fee is http://www.ipindia.nic.in/form-and-fees.htm
i. Form 1 – Application for patent grant
ii. Form 2 – Patent specification form (provisional or complete)
iii. Form 3 – Undertaking and statement with regards to foreign applications under section 8 (mandatory only in case a corresponding application for patent is filed in a foreign country)
iv. Form 5 – Declaration of invention to be filed with complete application
v. Form 26 – Form authorizing patent agent (applicable only if you opt for an agent to help file the patent)
vi. Form 28 – Mandatory only if applicant is claiming small entity or start-up status
vii. Priority Documents – You need to provide priority documents only if priority is being claimed from a foreign patent claim or application.
4. Publishing the patent application: After you submit all the documents, the patent application is safely secured by the Indian Patent Office. The patent is then published in an official patent journal after a period of 18 months approximately. However, inventors who wish to have their patent application published before this 18-month period can submit Form 9. This is an automatic process but if an inventor wishes to have his application published earlier, he needs to submit Form 9 (early publication request), in which case, the application will be published in the official patent journal within 1 month of making the request. However, there are certain scenarios in which your patent application may not be published. These include incomplete applications, withdrawal requests made by the individual filing the patent and secrecy direction imposed under Patent Act wherein the invention is against the nation’s interests.
5. Examining the patent application: Before your patent is granted, it needs to be examined substantively. As per rules of the patent application process in India, your patent is thoroughly examined based on the merits of your invention as claimed and described in the patent specification form. Unlike the publication process, this is not an automatic process and the applicant needs to make a request to examine their patent application by submitting Form 18. The patent office queues the application for examination only after a formal request for examination is made. You can also expedite this process by filling and submitting Form 18 (A).
The patent examiner is obligated to follow a few steps of his/her own while examining your application. They are as under:
i. When the application lands on the examiner’s desk, it is scrutinized according to the Patent Act and underlying rules.
ii. The patent examiner searches for similar technologies to ensure the invention satisfies patentability criteria.
iii. After reviewing the application, a first examination report (FER) is submitted in which, grounds for objections, if any, are also stated.
iv. The examiner lists his objections in detail. This can further extend the application process by another 6- 9 months. Note that examiner objections are quite common in case of patents.
v. If the inventor needs to make changes to his/her objection, he/she can file a request for time extension by submitting Form 4.
6. Decision to grant patent: Once the examiner finds no objections in the patent application, he grants the patent. The patent is then published in the official patent gazette.
7. Renewing the Patent: The patent holder also needs to renew his patent by paying an annual renewal fee. In India, it is possible to renew your patent for a period of 20 years at maximum, from the date the patent was first filed. Although the patent filing process is long and complex, one must remember its importance in the long run. The entire process can take anywhere between 3-5 years.
You must keep in mind that you do not disclose your invention in public domain before filing a patent application failing which the innovation loses its novelty.
Inventors can file a patent in two ways:
i. The inventor can file the patent on his/her own
ii. The inventor can take the help of a patent filing professional or agency.
Since the patent filing process is long and complicated, most inventors prefer to engage the services of patent filing professionals or agencies. Such individuals or firms charge a fee for since they have years if experience under their belt. They can complete the necessary patent filing procedures on your behalf.
In case you choose to engage the services of a professional or agency, you must complete all the formalities related to patent filing, so that the agency does not pass off your invention as theirs. To this effect, you need to draft a non-disclosure agreement and have your agency professional sign it. This formality needs to be completed before the inventor discloses his/her invention to the professional or agency. There are two ways to file for a patent – you can file it yourself or seek the services of a patent-filing professional or agency. Since you must adhere to several deadlines, it is recommended that you engage the services of a professional/agency with years of experience. Also, ensure you make the professional sign a non-disclosure agreement (NDA) before you disclose your invention.
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Following steps need to be followed to get the technological patent registered-
To begin with, report the provisional patent utility and put it up to the patent officer.
A utility quantity is without delay generated on submitting provisional software. Document complete patent software inside one year of the validity of provisional patent. Document the assisting documents in conjunction with the complete patent application which are stated above.
After filing the application with whole specifications, the application is published after 18 months of first filing.
An exam of utility is executed while the request for the same is made with the aid of the applicant or different interested person.
The examiner exams for patent eligibility on the premise of novelty, inventiveness, and application.
The examiner creates a file known as patent prosecution and submits the equal to the controller.
The controller tests the file and raises objections if any.
The applicant, then, has to solve the objections and has to show his novelty.
Once the objections are resolved, the patent is granted to the applicant.
NOTES:
It takes 18 months to 5 years for patent registration.
The patent is legitimate for two decades from the date of submitting of patent software.
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There are two sides to that question. One is the mobile app itself and the other is the backend. If I misunderstood in any way and you didn't mean "native" app I apologize in advance. On the backend, there is no clear cut answer to which is the "best". It depends solely on the developers you are able to get. We for example use Node.js , mongoDB, redis, elasticsearch and a couple of proprietary tools in the backend. But you have your pick of the litter now both on the backend api and the datastore with the myriad of options available and touted as the "best" currently on the market. Now on the app side again it solely depends on what you need your mobile app to do. Experiencing first-hand "develop once, run anywhere" I can say it's more like "develop once, debug everywhere" to quote a Java saying. We have tried Phonegap and Titanium Appcelerator and we have switched to native (ObjC and Java) after a couple of months of trying to go the hybrid route. The reasons behind the choice are as follows: - anything that breaks the pattern of how those frameworks NEED to operate is just a huge technical debt that keeps accruing a huge interest. - anything that uses css3 accelerated animations on Android is buggy at best and slow as hell at worst on any lower (< 4.1 I think) versions of Android I hope this gives you some insight. If you need/want to ask me anything feel free to contact me. MihaiMP
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Can i create and sell my invention before filing for a provisional patent and maintain my rights to the invention?
The answer is yes, but it always depends. Let me begin by saying that the more knowhow, etc. involved, the easier it is to sell something without any patent protection. Otherwise, you are trying to sell something without protection and you get no protection until the patent issues, which may take years. The acquirer may just run with it (I would) without licensing knowing there is no cost until your patent issues. Then, when you file, they will see your claims and try to modify their product around your claims. It is slightly vicious in nature. That said, I may not act much different if you file first, unless I can buy your patent or the license costs are very inexpensive. Secondly, many countries have absolute novelty and you will not be able to protect your invention there ever, even if a licensee arises and wants to enter those markets. This too, is a serious limitation for licensing. My conclusion would be that you are underfunded to address your IP and that I can get away with murder. Filing the application is your way of telling people that you are serious. That said, it is not necessary and I have a lot of clients that file later or never file.GF
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I need you to look at my sales & commission tracking app and help me formulate a clear cut monetization strategy. #iPhone #MiFunnel
What's the name of the app so we can look at it?JC
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Should I be worried that a potential client wants us to guarantee that we will cover the litigation costs if they are sued for using our software?
I am a patent attorney generally on the patent owner's side. Signing such a clause should make you nervous. You don't want to be responsible for the major company's infringement. The major company is likely getting more benefit out of using your software than your company is making by selling licenses. The previous gentleman's answer is incorrect. Anyone can be sued for patent infringement if they make, sell, or *use* the claimed invention. It depends on the claims in the asserted patent. Based on experience, it's much more likely that the larger entity would be sued for infringement. A patent infringement case could cost anywhere between $350k-$5M+ USD. http://www.cnet.com/news/how-much-is-that-patent-lawsuit-going-to-cost-you/ In order to properly answer your question, I would need to know why you feel it's "very unlikely" that someone would sue the major company for using your software. If the major company won't back down on this provision, the best thing you can do is determine if you need IP (defense) insurance. If a patent attorney determines that it is necessary, raise the price of your license and get IP insurance.AP
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I have an idea for a simple household kitchen product (under $5). Where can I get good advice on the process of bringing it to market?
Hi! The quick answer is that simple invention ideas are great as they are the fastest and least expensive to develop, yet can still be highly profitable. I run a consumer product firm which has developed hundreds of inventions for home-based inventors or small product firms - Essentially we take it from Idea to Store Shelves. The best advice I can give is to ONLY do what is absolutely required to sell product... There are lots of great services out there that are beneficial; however, if you're on a limited budget, stick to only what is necessary to make a sale, which is: 1. Industrial Design / Engineering, 2. A manufactured sample and a manufacturer who can produce product, and 3. A provisional patent. Essentially what you need is a real, physical, and fully functioning unit of your product, the prices to manufacture that product and a manufacturer who is ready to produce units, and intellectual property protection so that your idea is not stolen. Once you have these 3 items, you can start to present your product to wholesalers, retails, distributors, etc. If someone likes it and the price is reasonable, they can place an order, and your business and dream product starts to grow. From there, there is a whole world of possibilities, but the most important thing for now is to develop your product from 'idea' into 'real'. Whatever you do, do not get caught up in the idea of 'licencing' your idea. An idea is almost impossible to licence unless it is CURRENTLY being manufactured AND being SOLD through stores. If someone or a company says that they will help licence your product idea for royalties, etc., then they should be willing to do that for FREE, no charge, no fees. Many people attempt to charge fees to licence a product idea; however, if you aren't currently selling in stores, it will almost be impossible to get any form of monetary payment, so they usually are just trying to get your fees for their 'marketing' services, which are almost useless for an undeveloped product, and they know this. If you would like more information on some of the details of product development, we have a free Invention Guide on our website, check it out here: http://www.makoinvent.com/free-invention-kit/ Cheers, Kevin Mako President, Mako Invent www.makoinvent.com www.facebook.com/makoinvent www.twitter.com/makoinventKM
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