d5nxst8fruw4z
  • +91-8882-580-580
  • support@registrationwala.com
21
Apr
17
Patent Specification Drafting in India

Patent is a form intellectual property. It provides exclusively to a particular product. Patent specification is an important step in a filing of a patent. It is a form of property that defines the fate of an invention.

Patent needs to be drafted for the success of the invention. It plays an important in management, prosecution, and maintenance. It is one of the most important and also one of the most difficult process. There are following sections in typical specification.

Title of Invention should clearly identifiable the main art of the invention. Patent should be meaningful, precise, and should be normally within 15 words. Title of an invention can be used for more than one invention.

Field of an invention should clearly describe the scope of the invention and also the subject matter of the invention. Invention should conceptually clear and crisp enough so which the Examiner of patent easily.

Background of Invention & Prior Art are the sections that describe the state of the art in the technical area to which the patent relates. It also identifies problems to be solved or disadvantages accompanying the prior art solutions. Background of the invention is the thing which should describe what others have done in the field. There are certain things which should mention the status of the closest technology, experiments, patents, and patent applications in this section.

Object of Invention should clearly reflect the advantages of the invention. Object of an invention should describe the solution of the existing technical problem associated with the existing field of art. Object should properly mention the benefits of the invention. Each and everything should be described in a separate sentence. It is a portion that comparative analysis of the inventive technology over the existing one.

Statement of the invention describes the exact novel features of the invention. It should clearly reflect the inventive feature of the invention over the existing one. It is a very useful invention exactly related to the independent claims and to complement the omnibus claim in situations of infringement proceedings.

Summary of Invention describes a broad overview of the invention. It provides a structure for understanding the Detailed Description and Claim sections of the specification. This also describes the invention overall, e.g., the purpose of the invention, problems solved, advantages offered, and so forth.

Brief Description of the accompanying drawings description of the invention that explains how to make and use it. It should point the reference numerals used in the drawings and should be specific. The details should be enough for a person skilled in the art to understand and perform the invention

Patent Claim(s) Drafting are regarded as the essence of a patent. It defines the invention which the inventor holds as his exclusive property and has the right to exclude others from making, using, and selling. The claims specify the scope of ownership in a piece of property, i.e. Intellectual Property. These claims are of paramount importance in both patent prosecution in the Patent Office and patent litigation in the courts.

Abstract of patent should be drafted in such a manner to make it reflect the technical field of the invention with the existing technical problems and the solution to overcome such problems. Patent should be briefly drafted and within the limit of 150 words. The main objective of abstract should be to provide the better information to third parties.

27
Feb
17
What can be patented in India?

Patent is an intellectual property which is mainly for a new product or process. The patent should be an inventive step which is capable of getting used in the industry. A patent must include the criteria in terms of novelty, inventive steps and industrially applicable.

Patentable subject matter

Subject matter should be the foremost consideration. Patent Act has all the rules and regulations regarding patents. This is the act according to the subject matter checked for patentability. These should also follow the criteria of Novelty and Nonobviousness. 

Patents Act list out non-patentable subject matter. Sometimes, the invention does not fall under any provision of Sections 3 or 4, that means it has a patentable subject matter. Subject which will satisfy certain criteria of a patent.

Novelty

Novelty is one of the important criteria in determining patentability of an invention. A novelty which is also known as “New invention” is defined under Section 2 of the Patents Act as any invention or technology which has not been anticipated by publication. This is mainly in any document used in the country or anywhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen into the public domain.

Novelty requirement states the invention should never be published in the public domain. There should not be used any prior arts or any prior invention.

Simply put, the novelty requirement which basically states that an invention should never be published in the public domain. It must be new with no same or similar prior arts.

Inventive step

Inventive step is defined in the Patents Act as a feature that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention nonobvious .

It means that the invention must not be obvious to a person skilled in the same field as the invention relates to.

Capability of Industrial Application

Industrial applicability is defined in Patents Act as the invention is capable of being made or used in an industry. This essentially means that the invention cannot exist in the abstract. These are basically capable of being applied in any industry. The invention must have practical utility in order to be patentable.

What cannot be patented?

There are certain things cannot be patented such as laws of nature, physical phenomena. Abstract ideas are not patentable subject matter. Any new mineral discovered in the earth or new plant found in the wild is not patentable.

A Scientific theory such as Einstein could not patent his celebrated E=mc2. Newton could not patent the law of gravity. These are considered as natural discoveries. Everyone has the right and is free to all people and reserved exclusively to none.

“Useful” is the subject matter which is specified in the patent. In this functionality is also include it states that a machine which will not operate to perform the intended purpose would not be called useful, therefore would not be granted patent protection.

Mixtures of ingredients, such as medicines, a patent cannot be granted unless the mixture is more than the effect of its components. There are certain “patent medicines” that are generally not patented taking this context does not mean that the medicine has been awarded a patent.

25
Feb
17
What is Utility Patent?

Utility patent is a kind of patent which is used to protect the functionality and use of an invention. It is widely issued type of patent. This patent is divided into categories based on the functionality of the invention. These three categories are Electrical, Mechanical and Chemical. In these patents, anyone who has invented invents a unique process, device, the machine, method, chemical compound or manufactured product can apply for and obtain a utility patent.

 Utility patents are determined for qualification of a non-provisional utility patent. In this process, you should make sure that the invention is sufficiently different from existing items and all aspects of it in clear and definite terms have been clearly described. Sometimes, conducting a patent search can be helpful. These patents can be issued for any functional new inventions or improvements on the machine, process, product or to the composition of matter.

OLED technology which has been emerged from LED is a good example of improved technology which qualifies. There has been a process in which material has been changed from the synthetic light emitting diodes to organic material. The design patents protect the configuration, appearance, shape, size and other aesthetic aspects of an invention.

How to Get a Utility Patent?

First of all, Describe your invention and break it down into a series of essential and nonessential parts.

Secondly, Conduct a utility patent search to see if anyone has ever patented or published a similar design. It is critical before you file your patent.

Filing a Utility Patent

The inventor is granted by the government grants for the inventions so that inventors will tell the public how to use their inventions.

There are several requirements in which there are multiple sections. In each section, there are rules and formatting. Drawing or diagrams are required to explain how your invention works. People gets help to ensure that they should learn how to use the invention.

Staking Your Claims

Patents are filed to get issued claims. The Patent Office issues the inventor the right to stop others from making, using, or sell the invention. In Utility patents, there are series of numbered sentences that claim the invention. If anyone else person makes, uses, or sells the exact thing described in a patent claim, then that person is infringing the inventor's patent.

Elements of essential of the invention are recited. Novel and Non-obvious features should be examined by the examiner. If your invention is novel if all of these elements do not appear in anyone published reference.

If you want to register your patent  application  visit  Registrationwala

24
Feb
17
Difference between Utility patent and Design patent

A Design patent is a type of patent granted on the ornate design of a functional item. These are the type of industrial design right. Only Ornamental manifestation of the invention is protected by this patent.

Utilitarian features are considered in use of article and works. This model is an exclusive right granted for an invention to the creator. It is an alternative and also called the form of second-tier protection

Design patent is granted to any person who has imaginary or any new or having no obvious ornamental design for an article of manufacture. Whereas Utility patent entitles the owner to prevent others to commercially exploit the invention for a limited period of time. The standard of a non-obviousness or inventive step is usually much lower than that of other types patents.

 In Design patent appearance of an article is protected but its structural or functional features are not considered. This feature is same as the patent application process as those relating to other patents with a few differences.

 When Design patent application passes its examination after the allowance of observation will be sent to you or to your attorney or agent which ask you to pay an issue fee. But Utility patent is easier to attain than other patents because no strict examination is conducted before granting them.

Design patent is a simple process as in comparison with a utility patent. As specification is short and also follow predefined form. In this only one claim is permitted which must follow a specific form. Utility patent systems have the criteria of Novelty.

There is certain similarity in design patent and utility patent. These are in ornamental features of the invention than its utilitarian aspects. Utility patent to as "petty patents" or "innovation patents. In Utility Patent duration of protection usually varies from six to fifteen years but sometimes in major jurisdictions, have a term of twenty years.

To get patent registration visit Registrationwala

23
Feb
17
How can you renew an expired patent?

Patent is the form of intellectual property valid for 20 years. The Patent is not considered after its 20 years passes. A patent can be renewed before the completion of 20 years. This happens when patentee does not pay the renewal fee for the specified period of time. Sometimes fails to pay the extendable period is 6 months (when requested).

The Indian Patent act provides and governs the patent. Provision of Safeguarding and restoring patents are given in this act. The patentee has to pay a certain amount of prescribed fee useful renewal. In certain conditions, patent was held by two or more persons jointly then with the leave of the Controller one or more of them without joining. There are certain conditions in which others may submit the application for restoration within eighteen months from the date on which the patent is ceased to have the effect.  

 Renewal fees can be paid by any person but the application for the restoration of a lapsed patent, the application has to be made by the  patentee or his legal representative. In case the patentee or legal representative fails to pay the renewal fee within the prescribed period and also within the extendable period of six months by requesting the extension of time, the patent ceases to have effect or lapses from the date of expiration.

     Procedure to restore a lapsed patent

  • An application must be filed within 18months within the date patent cease to have the effect. In that condition patentee or Legal representative has to make an application.
  • Evidence can be presented in the form of document if fees are not paid on time
  • Patentee claim’s the evidence which must support that the failure of payment was unintentional and there has been no undue delay in applying for restoration of the patent.
  • In case, the prima facie case is not agreed on behalf of the controller then for restoration is made out, the applicant is notified of it and unless the applicant states within one month.
  • Sometimes an application may be refused if the patentee fails to register a change of name before cessation; they must first apply for alteration in the register.
  • If the name changes after it then their identity has to be proved.

If you want renew an expired patent visit Registrationwala

20
Feb
17
Specification in Patent filing procedure

Patent is an exclusive right granted by the sovereign state to the inventor for a limited period of time. A patent is a form of an intellectual property which was a royal decree granting exclusive rights to a person. It also a shortened version of the term letters patent. 

 A patent application can be filed by the inventor. The inventor can give this authority to file the application through the assignee or legal representative. The application can be filed individually or jointly. In case it filed by the assignee proof of assignment has to be submitted along with the application. Any country’s national can be the applicant. It can be directly made at the Indian Patent Office (IPO).This can be via the national phase PCT application or in the form of a conventional application. These can be filed in any of the four patent offices New Delhi, Kolkata, Mumbai, and Chennai.

Applications are directly filed at the Patent Office. These applications are accompanied by a provisional or complete specification. 

In the Conventional application, the applicant can file only the complete specification.

In Provisional application are filed for experimentation which is required to make the invention perfect. It is preferred that to file application because it allows the applicant to get an early application date. After this, a complete specification has to be filed within 12 months from the date of provisional patent filing. But sometimes the application is filed with a complete specification. In this case, the Controller on request has the power to convert the complete specification into the provisional one.

Patent Specification

A provisional patent specification may contain:

 Title - It is generally a word or a phrase indicating the content of the invention.

Abstract: It is a short description written in a precise manner describing the invention.

Detailed Description- It is the important part of the specification which consists of a complete and elaborate description of the invention. Usually, in written description, there is generally background of the invention. The detailed description explains the invention clearly and comprehensively.

Drawings- It is a clearly labelled drawing which is with the written text. It is in the case where it is necessary.  

Sample or Model -There is a requirement of the sample or models might be submitted to the patent office. These kinds of models provide.

 

Enablement and Best Mode: An ordinary person can be allowed to make and work the invention. He should not only enable person but also describe the best mode of carrying out the invention.

Claims -These are the most important elements in a specification. It mainly defines the metes and bounds of the invention.

Deposit (Microorganisms)-These are mainly in the invention of microorganisms which cannot be presented in a written form. In this case, a sample of the microorganism has to be deposited at an internationally recognized depository. This can be deposited in the internationally recognized depository at Chandigarh, in India.

In the case of a foreign country a provisional specification cannot be filed and also complete specification has to be filed in 12 months from the date of filing provisional specification. In this, each specification should contain only one invention. Sometimes if there is more than one invention in a specification, separate applications have to be filed for each invention. 

Registrationwala
Registrationwala.com is leading company registration consultant in India having strong client base of 10000+.

Member Of

CII

Delhi-NCR

Contact Address

   Monetic Corp Consultants Private Limited
    169, THIRD FLOOR, KAPIL VIHAR
   PITAMPURA, DELHI-110034
  +91-8882-580-580
    This email address is being protected from spambots. You need JavaScript enabled to view it.

Payment Method

Registrationwala

Follow Us

Registrationwala support@registrationwala.com