Patent Business Lawyer in Asia

Patent Attorney practicing Patents, Corporate Law, Mergers and Acquisitions, Venture Financing, Startup Technology Law

We provide patent services including patent searches, patent analytics, patent drafting, patent filing in India, PCT patent filing, patent prosecution, responding to patent office actions, patent monetization, patent commercialization, patent valuation, patent licensing, patent assignment, patent infringement reports, patent invalidation searches and patent legal opinions. Technology landscape studies are core part of our patent practice across a wide range of technology sectors:

ICT Patents

Information and Communication Technology

Biotechnology Patents

Software Patents

Mobile Applications and Computer Related Inventions – IoT (Internet of Things)

We provide comprehensive Patent and Trademark legal services via our global network to create valuable patent portfolios and resolve complex patent disputes by providing patent litigation support services.

Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filingspatent services in India and global patent consulting services.

Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).

Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.

Provisional Patent Filing

Provisional patent application is filed when the invention is not fully ready. A well drafted provisional patent provides patent pending rights to establish inventorship and patent ownership as patent office follows first to file approach to determine the true inventor of a patent covering new idea or product.

Formulating a sound patent strategy for your technology driven company is very important in the current era. Across the globe, the in-house patent counsels, heads of research departments, tech based startups and inventors file a preliminary patent application for their invention / idea before the patent office and is known as provisional patent application.

patent attorney for drafting patent application

How to Patent a Product?

It is extremely common for the inventors to ask this question about patenting a novel and inventive product. The first and foremost requirement for inventors while planning for patent process is to maintain proper records of their invention. In essence, laboratory notebooks, idea related documentation, technical specification and other details should be recorded with date, which can establish clear inventorship and ownership of the invention at a later date. It is common for the inventors to docket each and every step of the inventive process, inventive product and novel aspects of the invention, with a view to determine the patentability or patent eligibility of the invention. 

Subsequently, a detailed and thorough patent search is conducted to determine the relevant prior art, which can challenge the novelty and inventive step (non-obviousness) of the invention. While conducting a patent search, the patent searcher or the patent attorney conducts detailed patent search and analysis across various databases, such as, for example, Google Patents, USPTO Patent Database, EPO, UKIPO, JPO etc. Such patent search is conducted by forming multiple patent search strings and using these strings in different combinations by using boolean operators like AND, OR etc.

How much does it cost to file a patent?

The cost of filing a patent and obtaining patent rights depend upon multiple steps. The patent filing process begins by engaging a patent attorney, who charges a fee for conducting a patent search and drafting a patent application, which may be a provisional patent application (PPA) followed by a non-provisional patent application (NPA), or a NPA directly. The professional charges for patent searching and patent drafting by a competent patent attorney may be in the range of 2000$ to 8000$, or maybe upwards depending upon the jurisdiction of the patent and experience of the patent lawyer. Additional component to calculate the patent cost includes official filing fee, which again varies for each jurisdiction and is further dependent upon the category of the patent applicant, i.e. one or more natural person(s) or one or more legal entities. 

Once a patent application is filed, additional cost is required to maintain the pending patent application, and once the patent office issues a patent office action or a patent examination report, further cost is incurred for responding to such objections by way of patent office action response. Thereafter, once the patent prosecution process is complete, patent renewal fee is required to be paid at regular intervals during the term of the patent. Hence, as may be seen, the total cost of a patent depends upon multiple steps, subject to the jurisdiction and requirements specified by the local patent office.

How do you patent an idea or a product?

To protect a new idea or a new product, a well crafted patent strategy is required that ensures that the new idea or the new product is not infringed by third parties. One important point to be considered is that patent laws across various countries or jurisdictions require that a patent application must be filed before disclosing or discussing the idea publicly. This is so because once a new idea is shared publicly without filing a patent application, it becomes public knowledge and anyone is free to execute the idea.

How do I turn my idea into a product?

Successful conversion of new ideas into products requires detailed market research, development of prototypes and appropriate patent marketing. Operationally, patent licensing opportunities can be determined by conducting thorough studies about market potential, financial and technical due diligence, regulatory analysis and SWOT analysis.

What is a provisional patent application?

The provisional patent application is a legal document filed before the patent office (For example,  United States Patent and Trademark Office (USPTO), Indian Patent Office (IPO) or any other patent office.) If a US national is filing patent before the USPTO, the patent application would be known as U.S. national patent application having validity in U.S. alone. Even though, formal set of patent claims are not mandatory in the provisional patent filing we recommend our clients to write a broad set of patent claims in the provisional patent application

However, in order to obtain a granted patent, the patent applicant must fully and particularly describe the invention  in detail and describe the best mode in a complete specification. It is important to remember the deadline for filing Non-provisional patent application. Once the Non-provisional patent application in filed in the home country, one can file international PCT patent before the WIPO.

Missing the deadline for patent filing of complete / non-provisional patent application [12 months from filing provisional patent application] will cause irreparable loss and the provisional application will simply expire.

To read more articles related to Provisional patent applications: click here

Frequently Asked Questions by Inventors

Priority date implies the earliest date from which the patent rights begin, and while determining the term of a patent or during patent infringement lawsuits, the priority date plays a crucial role.

It is common for inventors to develop prototypes and pen down ideas during early stages before finalising the exact features of the invention. To ensure appropriate protection during this period, and to establish ownership by creating patent pending rights, it is important for the inventors to file a provisional patent application.

Provisional Patent Application

A provisional application is a summary of the invention and is filed to protect the invention at its early stage.

Since 8th June, 1995, U.S Patent and Trademark Office (USPTO) has provided inventors the choice of filing a provisional application for patent which was intended to provide a lower-cost prior patent filing within the United States and to administer U.S. applicants equality with foreign applicants under the General Agreement on Tariffs and Trade (GATT) Uruguay Round Agreements.

If an applicant has filed the a Provisional Patent Application for grant of patent he/she has to file the Non-Provisional/Complete Patent Application filed under U.S. Code § 111 of Title 35, within a period of 12 months from the date of filing of the provisional application or else the application will be considered to be abandoned. The pendency period of 12 months cannot be extended, but if the Non-Provisional/Complete Patent Application is filed after 14 months of filing the Provisional Patent Application, such application may be accepted by filing a grantable petition (including a statement that the delay in filing the Non-Provisional/Complete Patent Application was not deliberate and the required petition fee has been paid) to reinstate the advantages under 37 CFR (Code of Federal Regulations) 1.78.

Non-Provisional/Complete Patents v. Provisional Patents

> Non-Provisional/Complete Patents are most undeviating and therefore, the shortest path to grant of patents, whereas, Provisional Patents have a much lower cost of applying as compared to Non-Provisional/Complete Patents.

> A Non-Provisional/Complete Patents is good for inventions that have a short half life much like electronics and software which are about to be launched into the market, whereas, Provisional Patents are good for inventions that take time for R&D and thus needs to be kept under wraps by getting an additional year for filing for grant of the patent with complete specifications of the patent.

> In case the applicant wants to make additions after filling for Non-Provisional/Complete Patents, he/she has to do it by re-filing those addition inventions, whereas in Provisional Patents, the applicant has one whole year to make all the changes he/she wants in the patent and it also benefits the applicant by addition one extra year to the patent life (i.e., from 20 years to 21 years).

> One can only file his/her patents application as Non-Provisional/Complete Patent, in one time, whereas multiple Provisional Patent Applications may be filed by the applicant and be considered as one at the end of one year.

Limitation of Provisional Patent Applications

With some benefits, the Provisional Patents also attract certain limitations which are as follows:

1) The Provisional Patents Applications cost more than Complete Applications since the effort put in is double.

2) Even though the patent specifications will be kept from public record, the invention will has to be disclosed.

3) In case the applicant misses the one year deadline of filing the Non-Provisional/Complete Patent Application, the application will be considered as abandoned.

Filing of Provisional Patents Applications

A filing date will be granted to a Provisional Patent Application only when it contains a written description of the invention, fulfilling with all requirements of U.S. Code § 112(a) of Title 35.

The USPTO provides the following two documents for filing of Provisional Patent Application which have to be filled by either the applicant himself or his/her legal representative:

* Provisional Cover Sheet identifying;

* the application as a provisional application for patent;

* the name(s) of all inventors;

* inventor residence(s);

* title of the invention;

* name and registration number of attorney or agent and docket number (if applicable);

* correspondence address; and

* any U.S. Government agency that has a property interest in the application.

* Fee Transmittal Form as set forth in 37 CFR (Code of Federal Regulations) 1.16(d)

The provisional application (written description and drawings), filing fee and cover sheet can be filed electronically using EFS-Web or filed by mail.

Electronically Using EFS-Web: The provisional application can be filed electronically only if EFS-Web is used. EFS-Web permits patent applications, together with provisional applications, to be filed safely via the Internet. Applicants prepare documents in Portable Document Format (PDF), attach the documents, authenticate that the PDF documents will be well-matched with USPTO internal automated information systems, submit the documents, and pay fees with real-time payment processing. When fillable EFS-Web forms are used, the data entered into the forms is robotically loaded into USPTO information systems. Further information on EFS-Web is available here.

By Mail: The provisional application and filing fee can be mailed to:

Commissioner for Patents

P.O. Box 1450

Alexandria, VA 22313-145

USPTO Patent Filing

What information to include in a provisional patent application while filing it before US patent office USPTO ?

Many a times, our patent clients ask about what all information we should provide which can be included in the provisional patent application. However,  it is a known fact that you get protection for matter you disclose in the patent application. Having said that, it is important to include as much technical information as possible in the provisional patent disclosure.

The provisional patent application should describe the nature of invention & contain the description of essential elements of the invention. A provisional patent application with detailed explanation provides a good skeleton for the patent attorney to convert it into a utility / non-provisional patent application.

For example, a start-up research company is in phase I for making a new antibody to a particular antigen, but lack finances to actually create the antibody itself. Generally, in such a scenario the start-up research company will pitch the idea to the venture capital entities in exchange for the monetary funds needed to create the antibody. It is advisable for the start-up research company to first file a provisional patent application that includes details about the particular antigen and novel description for the same. More details of the main elements should be included in the provisional patent application.

Advantages for Filing Provisional Patent Application

As a patent centric firm managed by highly experienced patent attorneys and patent lawyers, we retrieve and provide clients with strong patentability analysis reports in addition to provisional patent application drafting, which can save time and money during the entire patent process. Such thorough patent research is aligned with the business strategy and corporate evaluations of the clients, so that potentially strong patent applications are filed to create a valuable patent portfolio, thereby adding to the intangible assets owned by the clients.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech)

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filingspatent services in India and global patent consulting services.

Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).

Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.

Blockchain Patents

Blockchain is one of most hyped technology in recent times, and patent protection for blockchain based innovations will have a high degree of impact on projects covering smart contracts, cryptocurrency (Bitcoin), distributed ledger, financial technology (FinTech) products and supply chain management.

Like all other patents, blockchain patents are exclusive rights which are issued by an official authority like an intergovernmental organization or a sovereign state. These exclusive rights are of the inventor or the assignee which he/she gets in exchange for providing the details of the invention in a public domain.

patent lawyer in india

Blockchain Patent embodies the new business value of “trust”. Information technology infrastructure readiness will wither make or break the future of Blockchain because collaboration is the basis for Blockchain innovation. Thus, you should go slowly before you get fast by following the 3 A’s – Awareness, Adoption & Acceptance. A flexible approach will help beat security, privacy, scalability and interoperability challenges.

Blockchain has achieved global importance in recent years due to Bitcoin. It depends on encryption for safety and distributed computer technology. Instead of counting on a third party, it preserves, corroborates, broadcasts, and exchanges data over a distributed network, thereby delivering trusted and value at a very low cost. To get a head start in blockchain standardization and patents, the Chinese government has encouraged the industry, academia, and research institutes to develop related technologies and apply for patents. Some of the leading vendors of Blockchain Patents are Alibaba, Tencent, Xiaomi, Huawei, SinoChain, Bubi Technologies, IBM Intel etc.

Blockchain Patent Landscape

Globally, patent applications pertaining to blockchain technology have been rising rapidly. A thorough review and analysis of blockchain patent landscape reveals that blockchain patents are being filed worldwide in the financial sector, non-financial sector (real estate), and other generic sectors. It is expected that with growth of blockchain, and with introduction of novel innovations using blockchain, patents are bound to increase in this area, thereby increasing the possibility of blockchain patent lawsuits and blockchain patent licensing.

First Blockchain Patent

As reported by CoinDesk, the Industrial and Commercial Bank of China (ICBC), has explored ways to authenticate digital certificates and store data in a sharable blockchain. As per a patent application filed with China’s State Intellectual Property Office (SIPO), the bank aims to use a blockchain system to improve the efficiency of certificate issuance and save users from repetitively filing the same document to multiple entities. In use, the technology, based on the patent, touts a system where a certificate issuer will first match a user’s credential with a particular certificate digitally. After it’s approved, the data will be encrypted and moved onto a blockchain which will update the distributed ledger held by different entities that could potential require this certificate. By further decrypting the data with users’ specific credentials, the system will allow entities to view an authenticated document digitally to streamline its operation flow.

As reported therein, the referenced patent, currently the first blockchain-related one filed by the bank with the SIPO, was first submitted in November 2017 and released on Friday. It explained that the technological exploration stems from the current pain point where consumers are constantly being required to submit the same certificate – such as for birth, marriage or eduction – by different entities they are dealing with.

Number of Blockchain Patents

As per numerous reports, there exist more than 500 blockchain patents worldwide. As it may seem obvious, majority of these patents are filed by banking and financial companies, thereby leading to a possible patent war in future. Apart from potential patent battle, multiple patent licensing opportunities can also be expected in near future.

List of Blockchain Patents

The first mentions of blockchain and cryptocurrency-related patents appeared around 2012, as per USPTO records. During the 2012-2015 period, in the U.S. alone, establishments had had congregate a minimum of eighty three patent applications that contained words like “cryptocurrency” and “blockchain” in their forms. Consequently, that number has escalated even further since, 2017 was a very active year for blockchain and cryptocurrency patent filings. The number of major patent applications appears to be on the rise throughout the primary months of 2018.

IBM Blockchain Patents

As a result of comprehensive research and development efforts, IBM inventors have received a record 9,043 patents in 2017, marking the company’s 25th consecutive year of U.S. patent leadership and crossing the 100,000-patent milestone. As reported by IBM, almost half of the patents granted to IBM in 2017 are pioneering advancements in AI, cloud computing, cybersecurity, blockchain and quantum computing.

Blockchain Patent Apps

Blockchain acts as an enabler for other high technologies such as IoT (Internet of Things), Machine Learning, AI (Artificial Intelligence). There are about 100 million users of Blockchain applications worldwide, which also include various blockchain patent apps.

Blockchain Patents by Company

Major financial and technological enterprises from China and also the U.S. are leading the world drive to develop blockchain applications, according to a new report that ranks entities by patents filed. The Internet giant in China, Alibaba tops the list with a total of 90 patent applications targeted on blockchain-related technologies. In second place is IBM, which plunged by just one short of that total with 89 filings, while Mastercard occupies third place with 80 filings. Bank of America secured the fourth place, with 53 blockchain patent applications.

Who owns blockchain patents?

It’s straightforward to see why big, well-established FinTech companies (i.e. JPMorgan, Mastercard, Bank of America, etc.) would desire to file patents for blockchain and cryptocurrency technologies. However, the kinds of companies filing such patents appear to be increasing in variety each year.

Companies from “traditional industries” are also opening to file more blockchain and cryptocurrency patents. For instance, Zhong An, a large Chinese insurance company, is functioning on a number of innovative blockchain technologies. The rise in patent applications from companies which were once considered to be in non-tech sectors are helping re-shape the way people look at the long run of business and tech in the global economy.

Is the Blockchain even Patentable?

It is likely that patent applications will multiply, but the immediate question is whether they can overcome the hurdles presented in Alice Corp. v. CLS Bank International, (2014) US Supreme Court decision. The Supreme Court unanimously held that claims to a computer-implemented technique of extenuating “settlement risk” in financial transactions were barred from patenting. The Court elucidates that a claim directed to an abstract idea is not qualified for patent protection when it “merely requires generic computer implementation” or “attempt[s] to limit the use of [the idea] to a selected technological surroundings.”

Blockchain and Cryptocurrency

Over 10,000 years ago, humans began wisdom to use shells to trade for supplies. Shells eventually turned into money. Now, with the development of the Internet, digital currency has begun to pass and is gradually replacing traditional currency. Unparalleled changes in payment strategies are coming about as a consequence. The sudden surfacing of cryptocurrencies such as BitCoin, Ethereum, and LiteCoin has forced the financial world to meet these changes head-on and to consider complete changes. Cryptocurrencies are ready to develop unhampered by the traditional financial system because they are backed by a key technology – the blockchain. In its fundamental form it is an open ledger of information that can be used to store and track transactions, and which is exchanged and verified on a peer-to-peer network.

Distributed Ledger

A blockchain is a type of distributed ledger, consisting of unalterable, digitally recorded data in packages called blocks. A novel solution achieves this without any trusted central authority: preservation of the blockchain is performed by a network of communicating nodes running bitcoin software. Transactions of the form payer A sends B bitcoins to payee C are broadcast to this network using voluntarily available software applications. Network nodes can authenticate transactions, add them to their copy of the ledger, and then transmit these ledger additions to other nodes. The blockchain is a distributed database – to achieve independent verification of the chain of ownership of any and every bitcoin (amount), each network node stores its own copy of the blockchain. Approximately six times per hour, a new group of accepted transactions, a block, is created, added to the blockchain, and quickly published to all nodes. This allows bitcoin software to determine when a particular bitcoin amount has been spent, which is necessary in order to prevent double-spending in an environment without central oversight. Whereas a conventional ledger records the transfers of actual bills or promissory notes that exist apart from it, the blockchain is the only place that bitcoins can be said to exist in the form of unspent outputs of transactions. Blockchain, the technology behind bitcoin could profoundly alter the way banks do business worldwide, lowering their operating costs and making financial services securer and more accessible, a World Economic Forum report finds Technology could lead to lower fees for consumers, better regulatory oversight and better preparedness against financial bubbles, but impact is likely to be mostly limited to the back-end of banking operations, with major disruption through innovations such as bitcoin less likely to transform the industry.

Blockchain and other distributed ledger technologies create a trustworthy and transparent record by allowing multiple parties to a transaction to verify what will be entered onto a ledger in advance without any single party having the ability to change any ledger entries later on. Each transaction or “block” is transmitted to all the participants in the network and must be verified by each participant “node” solving a complex mathematical puzzle. Once the block is verified, it is added to the ledger or chain.

Blockchain technology enables cryptocurrencies, which are peer-to-peer, decentralized, digital currencies capable of serving in highly secure transactions. Pseudonymous developer(s) Satoshi Nakamoto introduced BitCoin in January 2009, offering a currency that used no paper or metal

but only 31,000 lines of code and an announcement on the Internet.8 Today, the market capitalization of bitcoin is around $10.5 billion.

Blockchain Applications for Banks

The blockchain can guarantee the provenance of every transaction—a service currently provided for banks by a cumbersome and bureaucratic set of back-office systems. With blockchain architecture, there is no need for a central clearinghouse or financial institution to act as a third party to financial transactions, because trust in the system is created by a type of cryptography. Moreover, according to Blythe Masters of Digital Asset Holdings, “one master prime record can eliminate the need for reconciliation, which is a very costly process for financial institutions, while improving compliance, security and privacy.”11 The economic impact is that a cryptocurrency carries a very low transaction cost and, theoretically, offers a cheaper electronic payment method.

The blockchain technology has created a whole new playing field, and the game could yet be very hard-fought. It remains to be seen whether this becomes a winner-takes-all race and how the issue of standards for the technology will be managed. But in the face of a disruptive technology, banks will be keen to protect their innovations.

Limitations & Challenges of Blockchain in Public Sector

Blockchain is not a cure-all, it has certain limitations and challenges to face in the public sector, such as:

1) IMMUTABILITY- A blockchain is an add-only list. Once data is added, it can’t be removed. Perhaps not a good fit when updating/deleting data is a regular occurrence.

2) DATA STORAGE – Databases are often used to store large amounts of data (images, docs, apps, etc.). However, Blockchain is designed for small pockets of data. If data storage is needed, Blockchain may not be a good fit, or a hybrid solution may be needed.

3) TALKING ABOUT BLOCKCHAIN – The act of explaining blockchain to public officials and civil servants is difficult. De-linking blockchain from Bitcoin and discussing how it can improve efficiency and strengthen mission effectiveness can help.

4) COSTS – Higher short-term costs associated with a still- emerging technology prevent its widespread use. Blockchain-as-a-service products are starting to be offered that can allow for experimentation.

5) BLOCKERS – People often flag issues such as energy consumption and scalability as Blockchain blockers. However, many of these are irrelevant to government Blockchain implementations (i.e., only apply to Proof of Work consensus on permissionless/pubic blockchains).

6) CODING & GOVERNANCE MODELS – Blockchains are known for eliminating the need for central authority, but this is not entirely true. They must be coded and governed by those entrusted with key roles. Governments must build a technical knowledge base to ensure these decisions are made well (even if the actual coding is outsourced).

Blockchain Innovations

The more blockchain innovators join together to protect and nurture our innovation, the better for our ecosystem. We all agree that patents in the wrong hands will hurt our industry and the speed at which others embrace blockchain. We all must take responsibility and be good corporate citizens when it comes to IP. By removing the uncertainty that comes from PAEs, we can avoid the turmoil and costly litigation we saw play out in the Smartphone and semiconductor industries. If we remove friction, we can accelerate the adoption of blockchain technology. This tide will raise all boats.

Whether you are an investor or an entrepreneur in blockchain projects, you should strongly consider the manner by which your projects handle their intellectual property and do careful diligence to ensure that your interests are not threatened by a potential patent battle.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter

Quoted in and contributed to 50+ national & international publications(Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech)

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filingspatent services in India and global patent consulting services.

Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).

Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.

Software Patent FAQs:

How to Patent an Idea

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General Patent FAQs:

Journey of my blog from LinkedIn to 30+ news portals

Trademark Process in India

Q1. What is a Trade Mark?
Q2. What are the essentials which every trademark must possess to be a trademark?
Q3. Who can file for registration of Trade Marks in India?
Q4. How much does it cost to get a trademark in India?
Q5. What are the different types of trademark applications?
Q6. How is Trademark designated in India?
Q7. What is Honest Concurrent Use?
Q8. What is the procedure to file for registration of a Trade Mark in India?
Q9. What is the trademark office procedure for trademark registration in India?
Q10. What is the Office Procedure for Registration of a Trademark?
Q11. Can a suit for infringement for a registered trade mark be instituted?
Q12. What is the procedure of Trademarks through the international registration under “MARDRID PROTOCOL”?

global trademark law firm in India

Q1. What is a Trade Mark?

Before discussing the concept of Trademark, let us first understand what a Trademark is. In general terms, a trademark can be a word, logo, symbol, label, shape, smell and combination of colours etc. and acts as a source indicator and refers to the origin of goods or services. According to Section 2(1)(zb), “trade mark” means a mark which is:
i. Capable of being represented graphically; and
ii. Capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging, and combination of colours, and;
• in relation to Chapter XII (other than section 107), a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark; and
• in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark. Back to top

Q2. What are the essentials which every trademark must possess to be a trademark?

In order to bring it within the scope of statutory definition of trade mark, it should satisfy the following essentials:
i. It must be a mark;
ii. It must be used or proposed to be used in relation to goods which are the subject of trade or manufacture or in relation to services;
iii. The use must be of a printed or other visual representation of the mark.
iv. Such use (in relation to goods) must be upon, or in any physical or in other relation whatsoever to the goods, or (in relation to services) as a part of any statement about the availability, provision or performance of such services;
v. The use must be for the purpose of indicating or so as to indicate a connection in the course of trade between the goods/services and some person having the right to use the mark either as proprietor or as registered user. Back to top

Q3. Who can file for registration of Trade Marks in India?

The trademark law in India defines various categories of trademark applicants. Depending upon the category and type of the trademark applicant, the documentary requirements and the official filing fee varies. In essence, a trademark in India can be filed by:
1. Individual Startup/Small Enterprise; (Joint Owners, Proprietorship)
2. In all other cases (Private Limited Company, Partnership Firm, LLP etc.) Back to top

Q4. How much does it cost to get a trademark in India?

An approximate basic fee for filling of trademark in India under Form TM-A for:
(a) Individual Startup/Small Enterprise:
• E-filing – 4,500/-
• Physical filing – 5,000/-
(b) In all other cases:
• E-filing – 9,000/-
• Physical filling – 10,000/-
Note: Fee is for each class and for each mark. For details, please refer the trademark office website. Back to top

Q5. What are the different types of trademark applications?

Trademark applications are divided into one or more types by the trademark office, and as per Indian Trade Marks Office, a trademark applicant can type multiple kinds of trademark applications. The documentary requirements and other formalities for each trademark application type are different, and hence it is crucial to identify the exact type of trademark application before initiating the trademark filing process. While filing for a trademark, few things are to be considered. The first is which type of application you are filling. In trademark, there are five types of trademark applications:
(a) Standard Trademark (also known as work mark) is used to register words, letters, device, numbers or any combination thereof. A single word mark will protect the phrase irrespective of how it is being displayed.
(b) Collective Mark (Section 63(1)) as the name suggests means, a collective mark is a mark that belongs to a collective group of people or an association of persons. Example – CA (device used by Indian Chartered Accountants).
(c) Certification Mark (Section 71(1)) is defined under Section 2(e) of the Trade Marks Act, 1999 as ““certification trade mark” means a mark capable of distinguishing the goods or service in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of service not so certified and registrable as such under Chapter IX in respect of those goods or service in the name, as proprietor of the certification trade mark, of that person.” In short, it is a mark which certifies the characteristics like quality, origin etc. of other goods/services. Example – ISI (Indian Standard Institute) mark.
(d) Service Mark came into recognition after the commencement of the 1999 Trade Marks Act. A trademark pertaining to services is known as service mark. When someone registers for the service mark successfully the standard symbol of registration is used by them. This mark can also be used when the practice of trademark is done it can be used there also.
(e) Series Mark (Section 15(3)) is where the trademark applied for, is in the form of a series. In other words, the primary element of a mark might be used/intended to be used in several forms or ways by the proprietor and instead of filing separate applications for each, it is possible to file them as a series. Example – McDonald has series marks incorporating the term “Mc” like Mc chicken, Mc Café, Ms Donuts etc. Back to top

Q6. How is Trademark designated in India?

When a trademark has been registered, the symbol ® is designated to it. Using the symbol ® for an unregistered mark is illegal. A mark which is not registered may use the symbol ™ which simply means one claims to be the proprietor of that mark. Back to top

Q7. What is Honest Concurrent Use?

Section 12 of the Indian Trade Marks Act, 1999 takes about “Registration in the case of honest concurrent use, etc”. Section 12 provides for registration of same or similar trademarks by more than one proprietor in the case of honest concurrent use or other special circumstances. The provision establishes the superiority of trade mark rights acquired by use.
Concurrent use by two or more persons of the same trade mark for the same goods is contrary to the whole essence of trademark jurisprudence, for a trade mark is intended to denote that the goods come from one source and one source only. However, exceptional circumstances arise when more than one person honestly and independently adopts the same or similar mark and continue to use without objection and without knowledge of each other’s marks, often in different territories, and without causing any confusion or deception to the public. It is considered just and natural to confer the benefit of registration to such concurrent users, even if it causes some occasional confusion.
Section 12 permits the registration by more than one proprietor of identical or similar trade marks in respect of same or similar goods or services. It is an exception to the prohibition of registration of similar marks and it overrides the generality of prohibitions contained in Sections 9 and 11 of the said Act.
The power of granting concurrent registration under Section 12 is discretionary. This is clear from the use of the words “the Registrar may permit registration”. Back to top

Q8. What is the procedure to file for registration of a Trade Mark in India?

A trademark is filed in India through Form TM – A with the respective Trade Mark Office (New Delhi, Mumbai, Chennai, Kolkata and Ahmadabad). A trademark can be filled either through e-filing or through physical filing. A requisite fee is payable for filling of the trademark which is mentioned under The First Schedule of Trade Marks Act, 1999. (See Rule 11).

The first and foremost thing to determine while filing for a trademark is to assign a particular class/classes to the trademark. For filing an application with the Indian Trade Marks Office, the goods and/or services need to be categorized according to the class they fall under. The Nice Classification is a system of international classification of goods/services born out of the “Nice Agreement”, to be used for application of trademarks. There are 1-45 classes in the Nice Classification out of which, classes from 1-34 categorize Goods and classes 35 – 45 classify services.

Each class specifies a broad heading called ‘Class Header’ which gives a clear idea as to the type of goods/services which fall under them and the detailed list of names of goods/services. The Classification also gives an ‘explanatory note’ which very clearly elucidates about the type of goods/services which would fall under the particular class. The explanatory note allays doubts as to the applicable class for a particular goods/service and that way very helpful to determine the class.
A trademark can be filed for a mark/logo which is proposed to be used or already in use. If the mark/and logo is proposed to be used, the date shall be mentioned in the application form in DD/MM/YYYY format. In case the use of the mark is clamed to be prior to the date of application, the applicant shall file an affidavit testifying to such use along with the supporting documents and the affidavit shall be attested by a notary public.

A Power of Attorney is mandatory to be filed along with the application duly executed by the Applicant in favour of the trademark attorney. Back to top

Q9. What is the patent office procedure for patent registration in India?

Once an application for registration of trademark is filled with the Trade Mark Office, the Registrar may, refuse the application, accept it absolutely or accept it subject to such amendments, modifications, conditions or limitations, if any, as the registrar may think fit.
The Registrar may also withdraw his/her acceptance if he is of the opinion that the application was accepted in error, or that the trademark ought not to have been accepted in the circumstances of the case, or proposes that the trademark should be registered only subject to conditions, limitation, divisions or to conditions additional or different from the conditions, or limitations, subject to which the application has been accepted. The Registrar shall send a written communication of such action to the applicant. (See section 19 r/w Rule 38 of Trade Mark Act, 1999 & Trade Marks Rules, 2017)
If the registrar accepts the application, the application enters into the stages of registration. The initial stage is the “FORMALITY CHECK”. If the application passes the general formalities that must be fulfilled by the applicant in check, the status of the application on the Trade Mark Registry Website will show “FORMALITY CHK PASS”, and if the formalities are not in accordance with the law, it will show “FORMALITY CHK FAIL.”
The second stage, “MARKED FOR EXAM” is when the application, only after passing the formality check, is assigned to an Examiner. The trademark would be examined as to its ability to be registered under the various Sections of the Trade Marks Act, 1999. An examination report is then issued either accepting the trademark for publication or raising objections as to its registrability. At this stage, the applicant needs to wait for the examination report to be issued. An examination report is usually issued within a period of one month to one year depending on the backlog of the registry.
The stage of “OBJECTED”. If an examination report has been issued raising objections, a reply has to be filed by the applicant with a period of one month from the date on which the examination report was received by the applicant, failing which the trademark application may be treated as abandoned by the Registry. If the Examiner is not convinced with the written response, a hearing is posted for allowing arguments to be put forth in person.
The status “EXAM REPORT ISSUED” or “ACCEPTED” is used by the Trade Mark Registry to indicate that the trademark application has been ordered for publication in the Trade Marks Journal prior to registration. This status is used by the Registry when no objections are raised by the Examiner as to the registrability of the trademark or when the objections are overcome by way of written submissions or hearing. No action is required by the applicant at this point unless the application does not move forward for journal publication.
The status is shown to be as “AVERTISED BEFORE ACC” or “ADVERTISED” or “ACCEPTED & ADVERTISED” when the trademark application is advertised/published in the Trade Marks Journal. This is one of the final stages in the trademark registration process. Once the trademark is published in the Trade Marks Journal, 4 months’ time is given for any third party to oppose the registration of the trademark. If no oppositions are filed during the 4 month opposition period, then the trademark registration certificate is usually issued within 3 months thereafter.
But if the application is opposed, the status will reflect as “OPPOSED”. This happens when a third party files an opposition to the registration of your trademark. The notice of opposition is sent by the Registry to the applicant or its agent. In order to contest the opposition, a counter statement should be filed within 2 months from the date of receipt of notice of opposition, failing which the trademark application will be abandoned and cannot be revived. No extension of time is granted for filing the counter statement. (See Section 21 of Trade Marks Act, 1999)
If there is any error regarding the data entry of application or if the documents were not digitized properly and which needs to be corrected, the application is “SENT BACK TO EDP” (Electronic Data Processing) section.
In case any amendments which were filed prior to registration such as proprietor details, address, specification of good, etc, the application is “SEND TO PRAS” (Pre-Registration Amendment Section). Back to top

Q10. What is the Office Procedure for Registration of a Trademark?

When no notice for opposition is advertised or re-advertised to an application in the Journal within a period of 4 months, or where the opposition was made and was dismissed, the Registrar shall, subject to the provisions of sub-section (1) of Section 23 and Section 19, enter the trademark on the register. (Rule 53 of Trade Marks Rules, 2017)
The Certificate of Registration will be issued by the Registrar under sub-section (2) of Section 23 on FORM RG-2 and shall include the trademark. The form shall bear the seal of the Trade Marks Registry. (Rule 56 of Trade Marks Rules, 2017)
The term of registration for a trademark in India is 10 Years. A trademark is to be renewed after every 10 years by filing FORM TM-R along with a prescribed fee of Rs. 10,000 for physical filing and Rs. 9,000 for e-filing for each class. ((Rule 57 of Trade Marks Rules, 2017). Back to top

Q11. Can a suit for infringement for a registered trade mark be instituted?

The holder of a “registered” trademark has exclusive right over his/her mark. If a registered trademark is infringed by another trader, he is liable for an action against him for infringement of that registered trademark. (See Section 29 of Trade Marks Act, 1999)
NO ACTION for infringement of an UNREGISTERED trademark can be instituted. (See Section 24 of Trade Marks Act, 1999)
The period of limitation for filing a suit for infringement is Three Years from the date of infringement. Back to top

Q12. What is the procedure of Trademarks through the international registration under “MADRID PROTOCOL”?

The Madrid Protocol is a treaty, signed by India in 2013, that provides for international registration of trademarks by filling a single application with one set of fee. The regulatory body of Madrid Protocol is the International Bureau of World Intellectual Property Organization (IB of WIPO). An application for registration of a trademark under the Madrid Protocol can be filled though the Indian Trademark Office of the respective jurisdiction. The application under Madrid Protocol can be filed under 3 languages, i.e., English, French and Spanish.
An application for registration of a trademark under Madrid Protocol can be filled through FORM MM2 for a prescribed fee with the respective Trade Marks Office of the applicant’s jurisdiction.
Refer: (1) Forms
(2) Fee
The Trade Marks Office then certifies such application and forwards it to WIPO. WIPO then formally examines such application and forwards it to the other designated contracting parties for thorough examination in accordance with their respective domestic law within 12/18 months.
If no objection is found by any of the designated contracting parties, WIPO registers the mark in the International Registry and then publishes the International registration in a Gazette. Back to top

International Corporate Lawyers and Patent Attorneys 
 
 
 
Strong expertise in resolving business and personal disputes via mediation, negotiation and out of court settlements
Managing full practice law firm in Delhi and Gurgaon with team of legal experts – Civil and Criminal, Cyber Law Issues, Digital Business Disputes, Social Media Defamation, Personal, Property and Matrimonial Problems, Contracts and Agreements
 
Technology Savvy Advocates, Patent Attorneys & Corporate Lawyers with 11+ years of experience in Asia Pacific, US & Europe 
 
Experts in Litigation, Patent Protection, Licensing & Enforcement, Cross-border Mergers & Acquisitions, Joint Ventures, Foreign Direct Investment & Tech Transactions in South East Asia covering consulting for global patent Attorneys in executing:
 
Patent drafting & filing for B2C & B2B digital products
 
Protection of Mobile App’s Intellectual Property via Patents, Copyrights, Website Terms & Vendor Contracts
 
Wearable device’s patent portfolio protecting hardware, dashboard, app & data analytics software
 
Medical device patentability analysis, prior art search, provisional & complete patent drafting, patent claims & patent drawings, patent filing in India, PCT, USPTO & EPO, responding to USPTO, UKIPO, MyIPO (Malaysia) & SIPO (Singapore) office actions
 
Patent Landscape & Patentability Studies for innovations in Artificial Intelligence (AI & Chat bots), Internet of Things (IoT), Wearables, Driverless Cars, Virtual & Augmented Reality, 3D Printing, Drones, Mobile Payments (Digital Wallet) & FinTech 
 
Assisting Clients with Complex Patent Issues: Patent Searches, Patent Drafting, Patent Filing, Patent Office Examinations, Patent Prosecution, Patent Due Diligence & Patent Litigation Strategy
 
Patent Strategy for International Patents, USPTO Filings, Drafting Office Action Response, Patent Reexaminations & Reissue Proceedings, Appeals to PTAB, Patent Office Trials, Inter Partes Review, Post-grant Review, Covered Business Method Patents, Interferences, Derivations & Appeals of PTAB Trial Decisions
 
European Patent Practice, Patent Oppositions, Appeals, EPO Third Party Observations, Central Limitation and Revocation, Supplementary Protection Certificates (SPC) & United Kingdom (UK) Patent Practice Advisory
 
Specialties: Litigation, Patent Litigation, Patent Infringement, Corporate & IP Strategy, Startups: Incorporation, Funding, Brand Management, Contracts & Agreements, Legal Research, SWOT, Corporate Governance, Due-diligence, Mergers & Acquisitions, Antitrust & Competition Laws, Regulatory Affairs, Freedom-to-Operate, Patent Drafting, Claim Drafting, Patent Searches, Office Actions Response, USPTO Patent appeal briefs, Patent Invalidation Analysis, Patent Opposition, Product-Claim Mapping, Patent Enforcement

 

Software Patent FAQs:

How to Patent an Idea

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General Patent FAQs:

Patent Office Action

Once a patent application is filed with the patent office, patent applicants are required to submit request for early publication of patent application in addition to request for patent examination. Once a patent examination request is filed, the patent office examines the patent application in accordance with patent procedure and provides a patent examination report (patent office action) to the patent applicants.

patent filing in india pct national phase WIPO application

Indian Patent Office Procedure

As per the procedure followed by the Indian Patent Office, the patent specification filed by the patent applicant includes invention details and patent claims. As it is well known, the most important aspect of the patent application are the patent claims because the patent claims define the scope of the invention.

Patent Examination in India

Generally, the patent examiner issues an office action setting forth the basis for rejecting one or more patent claims with respect to prior art / novelty patent search conducted by the patent examiner. The patent applicant responds with amendments in patent claims/ patent drawings and/or arguments, and the examiner issues a next office action, etc. This process continues until the patent application is allowed, abandoned, or appealed.

First Examination Report – FER

In accordance with applicable laws and rules, patent applicants are required to submit a detailed response the patent examination report (FER or first examination report) within 6 months of issuance of the first examination report or the office action. A general strategy that can be followed to draft office action response includes preparing submissions for each of the objections raised by the patent examiner. For example, for objections relating to novelty and inventive step (non-obviousness), one of the strategies can be to amend the patent claims by limiting the scope of originally filed claims. This can be done in consultation with a patent attorney, whereby, certain features from the dependent claims (or detailed description) can be added to the independent claims to ensure that the amended claims are novel and inventive as compared to the prior arts (patent and non-patent literature) cited by the patent examiner. Therefore, chances of overcoming such objections get better when novel aspects of the invention are combined with the independent claims.

Patentability of Invention

When a patent application is examined by the patent office, the primary goal of the patent examiner is to determine the patentability of the invention as defined by the patent claims, as described in detail by the patent description, and as illustrated by way of patent drawings. The intention is to ensure that the technology covered by the patent application is new and the subject matter of the patent description and patents claims was not disclosed in public domain before the date of filing of patent application, or before the first priority date of the patent application.

Definition of Invention

In accordance with the Indian Patents Act, 1970, definition of invention and inventive step include:

Section 2(1) (j) “invention” means a new product or process involving an inventive step and capable of industrial application;

Section 2(1) (ja) “inventive step” means a feature of an invention that involves technical advance 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;

In essence, the inventive step of the technology to be patented should illustrate technical advancement or economic significance in the subject matter of the patent application as compared to the existing knowledge which is already known to a person skilled in the similar domain.

View of Indian Courts on Determining Inventive Step

In Biswanath Prasad Radhey Shyam vs Hindustan Metal Industries Ltd, it was held by the Indian Supreme court that “The expression” does not involve any “inventive step” and its equivalent word “obvious”, have acquired special significance in the terminology of Patent Law. The ‘obviousness’ has to be strictly and objectively judged. For this determination, several forms of the question have been suggested. Was it for Practical Purposes obvious to a skilled worker, in the field concerned, in the state of knowledge existing at the date of the patent to be found in the literature then available to him, that he would or should make the invention the subject of the claim concerned?

To determine Invention Step, the following points should be taken into consideration:

(a) Identify the “person skilled in the art”, i.e. a competent craftsman in same domain or engineer as distinguished from a mere artisan

(b) Identify the relevant common general knowledge of that person at the priority date of filing the patent application;

(c) Identify the inventive concept of the patent claim in question;

(d) Identify what, if any, differences exist between the matter cited as forming part of the “state of the art” of the technology and the inventive concept of the patent claims;

Industrial Applicability of the Invention

The invention as claimed in patent specification should meet the criteria that the invention can be made or used in some kind of industry. The word “Industry” broadly refers to having any useful and practical activity while excluding intellectual or aesthetic activity.

Under section 2(1)(ac) of Indian Patents Act, “capable of industrial application”, in relation to an invention, means that the invention is capable of being made or used in an industry.

However, patent claims relating to “Method of playing games” and “computer programming languages” are not considered to be industrially applicable. The detailed description of the patent specification must disclose a practical application and industrial use for the claimed invention wherein a concrete benefit must be derivable directly from the description coupled with common general knowledge.

Therefore, while drafting patent application, writing the advantages of the invention in the last few paragraphs will be helpful to illustrate the industrial applicability of the invention.

Sufficiency of Disclosure

While drafting a patent application, writing the detailed description of the patent application includes explaining each and every element of the patent claims. One should note that the patent examiner takes into consideration the whole patent document which is read with patent claims and drawings (if any) to determine patentability of the invention.

‘What’ is the invention and ‘How to perform it’ requirement should be taken care off before submitting the Patent Application before the Indian Patent Office. The complete specification should therefore disclose the invention completely to meet the requirement of the Patents Act and should also enable a person skilled in the art to work the invention without any assistance of the patentee or any further experimentation.

What is the Invention: If the patent application relates to apparatus/system/device in a computer related invention (hardware based inventions), each and every feature of the invention should be described with drawings. However, if the said system/device/apparatus patent claims are worded in such a way that they merely and only comprise of a memory which stores instructions to execute the previously claimed method and a processor to execute these instructions, then this set of claims claiming a system/device /apparatus may be deemed as conventional and may not fulfil the eligibility criteria of patentability.

Law Office of Rahul Dev, Patent Attorneys and Technology Corporate Lawyers, represents a law firm headquartered in Gurgaon, Haryana, with associate offices in New Delhi, in the proximity of the Indian Patent and Trademark Office. We are primarily focused on intellectual property law and provide patent services and patent consultation for large, multi-national corporations, universities, middle-market and emerging market companies, and startups and entrepreneurs.

Patent Prosecution in India

We handle patent prosecution in India by facilitating the interaction between inventors, patent applicants and Indian patent office, which usually includes highly complex technical and legal issues. Our team has significant experience in handling the entire patent process in India and we possess strong understanding of the relevant procedures and the potential pitfalls.

We have successfully advised our clients to obtain patent protection in India and across international jurisdictions (US, Europe, UK, Singapore, Malaysia) for a wide scale of technologies, and our patent attorneys possess years of experience in patent research, patent prior art searches, patentability analysis, patent analytics, patent application drafting, patent claim drafting, patent prosecution, , licensing, and other intellectual property-related issues.

Software Patent FAQs:

How to Patent an Idea

General Patent FAQs:

Advocate Rahul Dev is a Patent Attorney & International Business Lawyerpracticing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyeron Twitter

Quoted in and contributed to 50+ national & international publications(Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech)

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management

Working closely with patent attorneys along with international law firmswith significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filingspatent services in India and global patent consulting services.

Law office of Rahul Dev is a niche technology and research based law firm focusing on next generation business and legal issues faced in India and outside India during international business and cross-border technology transactions. We assist our clients in close collaboration with our associates and counsels within India and outside by providing custom engagement models to address our client’s needs.

Practice areas include drafting and filing patent applications, patent prior art searches, patent prosecution, patent filing in India, PCT national phase entry in India, PCT international applications with WIPO, freedom to operate searches, patentability analysis and patent strategy to create a valuable patent portfolio.

Patent attorney Rahul Dev works with clients providing expert legal services in the field of innovative pharmaceutical products, branded drugs, generic drugs, molecular biology, immunology, cell biology, regenerative medicine including ESCs, iPSCs, pSCs, diagnostics, therapeutics, theranostics, drug delivery systems, host-vector systems, high throughput screening, bioinformatics, diagnostic imaging, ancillary services (PET, CT, MRI, ultrasound, greenlight, lithotripsy, radiation therapy, cyber-knife, nuclear camera, clinical lab, pathology, physical therapy and dispensing prescriptions).

Patent attorney and technology lawyer Rahul Dev works closely with USPTO licensed patent attorneys to assist clients with patent reexaminations, patent prosecution, drafting USPTO office action responses, patent infringement litigation, patent claim mapping and patent licensing. For international patent filings, we have an established network of global patent attorneys to provide reliable and cost effective services to our clients.

Journey of my blog from LinkedIn to 30+ news portals

Flagship Speaking Engagements

Patent Forum (Munich, Germany) | News Channels | Ministry of Corporate Affairs | ASSOCHAM | FICCI | Brand Licensing India | BioEnergy International

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Economic Times | The Hindu | BioSpectrum | International Bar Association | LawAsia | SwissInfo | Global Legal Post | HT Live Mint | Outlook Money

Technology Business Corporate Lawyers

International Corporate Lawyers and Patent Attorneys

Patent Attorney and Corporate Lawyer in Asia

Contact at rd (at) patentbusinesslawyer (dot) com

Strong expertise in resolving business and personal disputes via mediation, negotiation and out of court settlements

Managing full practice law firm in Delhi and Gurgaon with team of legal experts — Civil and Criminal, Cyber Law Issues, Digital Business Disputes, Social Media Defamation, Personal, Property and Matrimonial Problems, Contracts and Agreements

Technology Savvy Advocates, Patent Attorneys & Corporate Lawyers with 11+ years of experience in Asia Pacific, US & Europe

Experts in Litigation, Patent Protection, Licensing & Enforcement, Cross-border Mergers & Acquisitions, Joint Ventures, Foreign Direct Investment & Tech Transactions in South East Asia covering consulting for global patent Attorneys in executing:

Patent drafting & filing for B2C & B2B digital products

Protection of Mobile App’s Intellectual Property via Patents, Copyrights, Website Terms & Vendor Contracts

Wearable device’s patent portfolio protecting hardware, dashboard, app & data analytics software

Medical device patentability analysis, prior art search, provisional & complete patent drafting, patent claims & patent drawings, patent filing in India, PCT, USPTO & EPO, responding to USPTO, UKIPO, MyIPO (Malaysia) & SIPO (Singapore) office actions

Patent Landscape & Patentability Studies for innovations in Artificial Intelligence (AI & Chat bots), Internet of Things (IoT), Wearables, Driverless Cars, Virtual & Augmented Reality, 3D Printing, Drones, Mobile Payments (Digital Wallet) & FinTech

Assisting Clients with Complex Patent Issues: Patent Searches, Patent Drafting, Patent Filing, Patent Office Examinations, Patent Prosecution, Patent Due Diligence & Patent Litigation Strategy

Patent Strategy for International Patents, USPTO Filings, Drafting Office Action Response, Patent Reexaminations & Reissue Proceedings, Appeals to PTAB, Patent Office Trials, Inter Partes Review, Post-grant Review, Covered Business Method Patents, Interferences, Derivations & Appeals of PTAB Trial Decisions

European Patent Practice, Patent Oppositions, Appeals, EPO Third Party Observations, Central Limitation and Revocation, Supplementary Protection Certificates (SPC) & United Kingdom (UK) Patent Practice Advisory

Specialties: Litigation, Patent Litigation, Patent Infringement, Corporate & IP Strategy, Startups: Incorporation, Funding, Brand Management, Contracts & Agreements, Legal Research, SWOT, Corporate Governance, Due-diligence, Mergers & Acquisitions, Antitrust & Competition Laws, Regulatory Affairs, Freedom-to-Operate, Patent Drafting, Claim Drafting, Patent Searches, Office Actions Response, USPTO Patent appeal briefs, Patent Invalidation Analysis, Patent Opposition, Product-Claim Mapping, Patent Enforcement

Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).

Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.

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