Patent Business Lawyer in Asia

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

Blockchain and Cryptocurrency

Innovative blockchain applications require patent protection and cryptocurrency patents fall in this category covering FinTech Innovations. Over 10,000 years ago, humans began wisdom to use shells to trade for supplies. Shells eventually turned into money. Now, with the growth of the internet, the digital currency has begun to bypass and is steadily 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.

The foremost revelation of cryptocurrency-related patents appeared around 2012, as per USPTO records. During the 2012-2015 period, in the U.S. alone, establishments had had to congregate a minimum of eighty-three patent applications that contained words like “cryptocurrency” and “blockchain” in their forms. As a result, that number has risen 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.

Blockchain Patent Lawyer

Blockchain Patent Example

American Express has developed a payment system to improve the speed and functionality of the existing card payment ecosystem. The present case also explores the issues the card payments industry currently faces and explores how Blockchain could help to overcome those hurdles. Furthermore, the case-study also compares the existing payment ecosystem and the new ubiquitous payment system.

In addition, Mastercard is also a part of the enterprise Etherum Alliance that supports the implementation of blockchain in various applications. Visa has also realized the strength of this disruptive technology and has created a B2B Connect payment platform to improve the types of cross border payment options.

The patent filed by Amex details a concept for offering customer-specific types of rewards (including points, a virtual currency or specific items tied to a product). The filing point towards the monetary giant that would make these offers by accumulating personalized data about the customer, such as their significant spending patterns.

The patent mentions the tech as one resource for hoarding and revising information among a number of probable approaches, detailing the blockchain structure that may include a dispersed database that maintains a growing list of data records. The blockchain may offer enhanced security because each block may hold individual transactions and the results of any blockchain executables. Each block may hold a timestamp and a link to a preceding block.

Amex is presently a member of the Hyperledger Blockchain Group and, when it joined in January, the corporation suggested that it would look to blockchain as a way to potentially rework its existing services.

There is a tectonic shift underway in the B2B middle-market payments landscape, with increasing numbers of service providers offering specialized products and services to address buyer/seller pain points. Traditional financial institutions may be particularly vulnerable to disruptive competition that they haven’t experienced in their core banking and lending services. Barriers to entry have largely been eroded by a combination of technology and disruptive business models that are making it easier for smaller players to do what only the larger banks were able to previously.

Blockchain Patent Attorney

Drafting and searching blockchain patent applications require in-depth expertise in patent law. Also, the blockchain patent lawyer plays crucial role in creating a patent portfolio covering all possible patent assets even before the company starts launching the products in market. The patent team performs regular patent due diligence including checks for compliance depending on the nature of the business. From the perspective of patent ownership, establishing proper title of innovations from the beginning is important to ensure smooth selling / licensing / assignment of patent rights.

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.

Paris Convention Filing

Patent applicants opt for foreign patent filing under the Paris Convention for countries where international patent applications are filed within 12 months from the priority date. The filing date of first patent application forms the earliest priority date.

International Patent Protection

Acquiring an “international patent” is an answer for some issues that as of now neglects to exist in the present world. At the end of the day, there is no single world association that will furnish patent rights to all nations with a single patent application. Owning a patent to one’s advancement is a costly procedure particularly with regards to acquiring the patent in various wards or jurisdictions of the world. The nearest answer of a worldwide patent is to document an international patent application through the Patent Cooperation Treaty (PCT) and the Paris Convention to occupants or nationals of all part nations or contracting states buying into the PCT and Paris Convention.

Paris Convention Patent Filing

Also known as direct filing, the International treaty of the Paris Convention enables the candidates to document the application in their nation of origin first as the domestic patent application. It very well may be considered as an option in contrast to the PCT patent application. The application for the patent is known as the “priority document” and the date on which the equivalent is documented is known as the “priority date“.

patent filing in India

Patent Priority Document

The patent priority document referenced above is filed with the first filing and one or more additional patent applications are subsequently filed under the Paris Convention based on this priority patent document. The degree that the content of the Paris Convention application is uncovered in the previous priority document, it will be predated to the priority date. In use, direct patent recording or direct patent filing is just an alternative when the candidate needs to secure his/her development or invention in the non-PCT nations, for example, Argentina, Taiwan or Venezuela.

The advantage of acquiring patent through the method for the Paris Convention is that the 12-months convention period enables the candidate to look for funding, perform statistical surveying and transform a thought into a business item. These should be possible after a solitary documenting without jeopardizing lost rights in different nations. Expansion to this is, recording a patent under the Paris Convention is more pocket-friendly that documenting a patent under PCT.

Advantages of Paris Convention Patent Filing

  1. Paris Convention is truly appropriate for the patent applicants who have a limited spending plan and need the patent protection promptly. If interpretations or translations are not included, one might have the option to document three or significantly more Paris Convention applications for the expense of a PCT application.
  2. Paris Convention filing is additionally useful in managing the nations where the particular nation isn’t a signatory to the PCT, like Argentina, Taiwan or Pakistan. Numerous eastern and African nations like Jordan and Ethiopia separately are additionally not a signatory to the PCT and numerous enterprises like steel, coal and so on require patent for their work, which is accomplished by the immediate recording.
  3. If an inventor needs the patent in the maximum number of the countries, then he/she ought to reasonably consider both the courses for generally speaking financial development for his/her business.

PCT Patent Application Process in India

PCT patent application process is best understood as a global patent filing mechanism. Filing of any type of intellectual property rights whether patent applications, trademarks or industrial  design application has its own set of law and rules applicable to the treaty member countries. The full form of PCT is patent corporation treaty and another treaty is Paris Convention Treaty.

Prosecuting the same patent application in multiple countries can be challenging and daunting task for the patent applicant. For example, voluntary amendment of patent claims was not allowed earlier. However, now one has the option to delete the number of patent claims while entering India under the national phase via the PCT route. Many a times, the deadline date for providing details related to prosecution of patent application in multiple countries is different. Filing of a national phase PCT patent in India can secure the intellectual property rights in Indian jurisdiction. In accordance with legal principles, without filing national phase PCT patent in India, the patent applicants cannot enforce their patent rights in India.

Patent Filing Deadline

Indian patent law is stringent as far as the patent deadline dates are concerned. The deadline date to file the request for examination for patent cannot be extended under any circumstances. There have been multiple cases wherein it has been held that no application related to condoning the delay will be accepted in case said deadline to enter PCT national phase expires. Thereafter, the Request for Examination (RFE) has to filed mandatorily within 48 months from the first patent filing date or the earliest priority date.

International Filing Date

As defined in the Indian Patents Act, the international filing date is the deemed date of filing the patent in India if the patent applicant enters the national phase in India by filing a PCT National Phase Application within thirty one months from the date of priority of the first patent application. Therefore, the international patent filing allows the claiming of priority from the date of filing of first patent application in the convention country. The patent filing before WIPO under PCT is a simple and cost effective procedure for the patent applicants who intend to protect their inventions in multiple countries.

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.

Innovative business products and solutions are protected globally by way of international patent applications under the PCT. Indian patent law provides significant rebate in official patent filing fees for startups, SMEs and individual inventors.

Patent Cooperation Treaty

The Patent Cooperation Treaty (PCT) is a worldwide patent law arrangement, finished up in 1970. It gives a brought together system to documenting patent applications to secure developments in every one of its contracting states. A patent application documented under the PCT is called a universal application, or PCT patent application.

A solitary recording of a PCT application is made with a Receiving Office (RO) in one language. It at that point results in an inquiry performed by an International Searching Authority (ISA), joined by a composed conclusion in regards to the patentability of the creation, which is the subject of the application. It is alternatively trailed by a fundamental examination, performed by an International Preliminary Examining Authority (IPEA). Finally, the significant national or territorial experts control matters identified with the examination of use (whenever given by national law) and issuance of patent.

Patent Filing by Startups

Indian Patent Office permits a substantial percentage of deduction on the Official fee for Start-ups. As per the Patent Rules, 2003 (As Amended), Startup refers to an entity, where –

  1. More than five years have not elapsed from the date of its incorporation or registration;
  2. The revenue for any of the fiscal years, out of the abovementioned five years, did not exceed rupees twenty-five crores; and
  3. It is working in the direction of innovation, growth, use or commercialization of new products, processes or services driven by technology or intellectual property.

patent attorney in India

Small Entity as per the patent office rules Means –

(i) in case of an enterprise engaged in the manufacture or production of goods, an enterprise where the investment in plant and machinery does not exceed the limit specified for a medium enterprise under clause (a) of sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006); and

(ii) in case of an enterprise engaged in providing or rendering of services, an enterprise where the investment in equipment is not more than the limit specified for medium enterprises under clause (b) of sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006.

Patent Fees in India

The Official fee as applicable based on the legal status of the applicant. Patent applicants can file PCT application in India or in WIPO within 12 months from the priority date of Indian patent application. The official PCT fees include the filing fee, international search fee, and transmittal fee, and it varies based on the nature of applicant and selection of international search authority or the ISA.

Patent Filing Steps

The PCT National Phase Application filing in India includes the following steps:

  1. Filing the Patent Application: The application can be filed at any of the four Patent Offices located at Delhi, Kolkata, Chennai or Mumbai, depending on the domicile, business or place of the Applicant. If the applicant for the patent has no business, place or domicile in India, the appropriate Patent office will be the address of service in India. For example, patents can be filed at the Delhi Patent Office if the address for service is in Punjab.
  2. Publication of patent application: every patent application is published after 18 months from the date of filing. Alternatively, a request for early publication can be made in Form 9 along with the prescribed fee so that the patent office publishes the patent application within 4 to 6 weeks of filing of Form 9. Once published, the application is deemed to have entered the public domain.
  3. Filing the request for patent examination within 48 months from the date the Priority date: An Applicant should file Request For Examination (RFE) within 48 months from filing by way of Form 18. The Controller forwards the documents to the Examiner within a month from the date of publication or one month from RFE, whichever is later. Within a period of 3 months from the time of receiving the documents from the Controller, the Examiner establishes the examination report. The Controller forwards the Report (also known as First Examination Report or FER) to the applicant or his agent. An applicant has to comply with the requirements imposed on him within a period of 6 months from the date on which the FER is forwarded to him, else the application is deemed to have been abandoned.
  4. Intimation of receipt of First Statement of Objections
  5. Drafting and Filing the office action response to First Statement of Objections
  6. Attending hearing before the Controller followed by drafting and filing the response within a timeline of 15 days.
  7. Intimation of Order or Decision of the Controller
  8. Grant of Patent: After the instructions/ objections of the Controller are complied with, the application along with the complete specification will be published in the Patent Journal. The application is open to post-grant opposition for a period of 12 months.
  9. Annual Renewal of Patent
  10. Annual Filing of Working of Patents

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.

PCT Filing India

National Phase Application in India is filed under Patent Cooperation Treaty (PCT). The timeline to enter national phase in India according to PCT is within 31 months from the earliest priority date. International patent applicants and inventors file patents in India before launching innovative products and services.

PCT Filing in India

Inventors across the world take advantage of the provisions of the PCT by filing a single application with the WIPO or World Intellectual Property Organization. The application is known as PCT International Phase Application. The PCT forms include primary form of PCT/RO/101, which designates various countries eligible for national phase entry. India is designated by default and hence patent applicants can complete PCT filing in India using details of the international patent application.

PCT Filing Procedure in India

Patent attorneys in India prepare PCT filing documents on behalf of patent applicants. The PCT filing procedure in India begins with first step of filing the complete specification as per latest records of WIPO documents. Thereafter, patent lawyer in India or patent agent in India files the patent forms including Form 1 as an application for grant of patent, Form 3 as details of corresponding foreign patent applications, Form 5 as declaration of inventorship signed by true and first inventors, and Form 26 as power of attorney to authorize the patent attorney, with the patent office in India through online filing portal.

PCT Filing from India

Inventions developed in India for innovative products are protected globally by way of PCT or Patent Cooperation Treaty. Patent applicants initiate the process of PCT filing from India by filing an international patent application directly or within 12 months of filing an ordinary patent application that contains complete specification with set of formal patent claims and patent drawings. Such PCT international phase application is filed either with the Indian Patent Office as the receiving office (RO), or directly with the International Bureau (IB) of WIPO.

patent lawyer in india

PCT Filing Fee in India

The official fee for filing a PCT patent application in India under national phase is same as filing an ordinary patent application. The PCT filing fee in India is calculated as a combination of basic filing fee and any additional fee for claims in addition to 10, or pages in addition to 30. The PCT patent filing cost in India includes basic filing fee is INR 1600 for an individual applicant and INR 8000 for a legal entity under e-filing mode. In addition, startups and MSMEs can obtain rebate under the fee schedule for legal entity.

Filing PCT Application in India

Patent applicants develop a profitable patent strategy for filing a PCT patent application in India. The advantage of PCT patent filing mechanism is that it provides a single patent application to be filed across various countries and jurisdictions to streamline the worldwide patent filing efforts.

PCT Time Calculator

The PCT National Phase Application in India requires filing of specification within the deadline as calculated by the WIPO PCT time calculator. At long last, at 31 months from the recording date of the PCT application or from the most punctual need date of the application, if a need is asserted, the global stage closes and the PCT application enters into the national and local stage. In any case, any national law may fix time limits which terminate later than 31 months. National and local stages can likewise be begun before on the express demand of the candidate, even before distribution of the universal application.

PCT Filing Requirements

Patent applicants in India file PCT patents by complying with the PCT filing requirements as defined by the Indian Patents Act. The basic information required for patent filing in India includes:

  1. PCT Application Number and International filing date.
  2. Name, address, particulars, and nationality of applicant/s for patent
  3. Name, address, and nationality of inventor/s of patent
  4. English Translation of PCT Application i.e. description, claims, abstract, drawings (if any), sequence listing (if any). The translation should contain rendition of specification, claims, abstract, drawings, text, Article 19 statement & amendments and/ or Article 34 amendments.
  5. Priority Application – Where PCT application claims a priority and the priority document was filed in compliance with Rule 17.1 of PCT with WIPO, a copy of Form of International Bureau 304 has to be filed with Indian Patent Office along with a verified translation of priority documents if the priority document was not in English. The same must be filed within 3 months of Examiner’s invitation (not extendable), failing which the priority is disregarded. In case priority documents were not filed in conformity with Rule 17.1, a certified copy of the same must also be filed within the abovementioned time limit.

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.

Technology innovations in sports and fitness are protected by patent rights. Patent law system enables patent owners to prevent copycats from entering the market. Sporting companies establish market authority by way of branding efforts protected by registered trademarks.

Sports Patents

Patents play a crucial role in sports, wherein protection under patent law can be sought for training equipments, golf clubs, stop-watches, nutritional supplements, sporting goods, and the like. Latest examples of sports patents also include sport drinks and muscle enhancers.

sports patent attorney

Inventions in sports can change the dynamics of the entire ecosystem. Multiple innovations in sports have proven to be a fuel for growing intangible assets, which can be protected by various intellectual property rights, including patents, trademarks, copyrights and designs.

Fitness Patents

Rapid market growth in fitness industry has led to portfolio of fitness patents that contribute to innovative fitness solutions. Data related to health and fitness can be processed to reveal interesting insights. Data analytics tools are protected under the patent system to bring innovative products to the markets across the world.

Sports Technology Patents

Similar to other businesses, various aspects of sporting world provide competitive edge to owners of intellectual property rights (IPR). Sports business owners connect with their fans by tapping the benefits of the intangible assets associated with IPR in sports. A common strategy to excel in sports business is to file sports technology patents that increase the revenue goals for the shareholders.

Sports Utility Patents

A microscopic view of sports industry reveals that the sports business includes tangible as well as intangible assets. The intangible assets cover items that are eligible for sports utility patents. Companies leverage the intellectual property rights in sports for business advantage to excel multifold.

Sports Prediction Patents

Patent searches conducted across US Patent Office reveals that companies file patents for prediction inventions (betting, gambling) in sports. Examples of sports prediction patents include predicting occurrence that happen during a live sports event, predicting outcome of sporting events, and the like.

Sports Equipment Patents

Worldwide patent trends illustrate that multiple patents are filed regularly for equipments. Sports equipment patents include various types, such as, for example, training equipments, gym equipments, safety bicycles, boards, exercise platforms etc.

EA Sports Patents

Electronic Arts has a dedicated sports divisions named EA Sports that is involved in creating and publishing sports games. Gillette recently announced that it will sponsor the EA SPORTS FIFA 20 Global Series, which is a nine month long competitive gaming ecosystem of tournaments.

Sports game development and publication requires constant innovation and patent search results show that EA Sports Patents cover a diverse range of innovations, like, altering perception of virtual content, computer architecture for animation of a character, generating digital elements, fraud detection techniques, machine learning based anomaly detection, etc.

Famous Sports Patents

There have been various examples of sports patents that have caused a high degree of impact. Examples of famous sport patents include drone patents, 3D printer, bionic eye, GPS or global positioning system, gene editing, brain implants, Bluetooth etc.

Sport Patent Attorneys

Sports goods and fitness industry regularly face legal challenges and patent attorney provides counselling to clients for IP protection by way of patent filing, patent drafting, patent analytics, patent infringement opinions, patent claim charts and patent licensing transactions. Sports attorneys gain significant experience in sports laws, sports leagues rules, player rights, IP ownership rights and brand protection strategies.

Branding and Image Rights of Sportspersons

Commercial rights associated with a famous person’s name or brand fall under the category of personal rights. Sports players and athletes have personality rights that are commercially exploited to generate revenues for the players. While considering branding and image rights of sportspersons, legal protection helps the players by way of trademarks, copyrights and designs.

WIPO in Sports

The world intellectual property organization, or WIPO has stressed repeatedly on the economic importance of sports across the global scenario. Sports related inventions are protected across multiple jurisdictions by taking advantage of the Patent Cooperation Treaty, or the PCT, wherein a single application can be filed across 100+ countries in a total allowed duration of 30 or 31 months from the earliest priority date.

Sports and Fitness

The sports, fitness, and well-being sectors can be enhanced by monitoring the physiological conditions of wearers. Optimizing behavior during training and competition is desirable for athletes to achieve high performance. Providing information in real-time for athletes and trainers to observe and make adjustments during training and competition is desirable.

Protection, a particular issue in impact sports such as football, ice hockey, and boxing, can be enhanced with wearable technologies. Helmets can be functionalized with sensing capabilities to monitor head movement during collision events in games (with equipment, other players, or the ground).

More informative data than simulations improves the ability to produce suitable protection. For example, Everlast® boxing headgear instrumented with 12 single-axis linear accelerometers has been successfully validated to provide information about the severity and location of impacts (Beckwith et al., 2007). The general health of consumers can be monitored with wearable technology to provide information about well-being, desirable with greater awareness of an individual’s health. Wrist-worn activity trackers are the most frequently used device in this category due to convenience and unobtrusiveness appearing similar to a watch.

Devices include wrist bands, armbands, and incorporation in sports clothing. Wrist-worn devices seem most common. Accuracy, precision, and health benefits of wrist activity trackers have been investigated. Wrist-worn devices (Apple® watch, Samsung® Gear Fit, Samsung® Gear 1, 2, S, iHealth® Tracker (AM3), Pebble® Steel, Pebble® Watch, Qualcomm® ToqTM, Motorola® Moto 360, Garmin® Vivofit, XiaomiTM MI Band, MisfitTM Shine, Jawbone® Up, Nike®+Fuelband SE, Sony® Smartwatch (SWR10), Fitbit® Flex) have been compared for monitoring steps and heart rate (El-Amrawy and Nounou, 2015). Misfit® Shine was reported to have the highest data accuracy (99.1%) and Samsung® Gear 2 the lowest (79.8%), while data precision was lowest for Misfit Shine and Qualcomm Toq (4%) and highest for Jawbone Up (17.5%) (El-Amrawy and Nounou, 2015).

A study by Kaewkannate and Kim (2016) contradicted these results: WithingsTM Pulse was reported to have the highest accuracy for measuring step and distance followed by Fitbit® Flex, Jawbone® Up24, and Misfit® Shine (Kaewkannate and Kim, 2016). In both studies, the accuracy of steps recorded by a number of devices was compared but different conclusions were reached (i.e. MisfitTM Shine reported with highest and lowest accuracy, respectively, of the devices tested).

Different methods could account for observed differences. El-Amrawy et al (2015) examined user satisfaction, opinions, and reviews, compared to a wear trial conducted by Kaewkannate and Kim (2016). In addition, wearing multiple devices at one time means the position of the devices differs slightly, possibly altering effectiveness. Fitness trackers are often designed to be worn at the wrist, but some were worn near the elbow in trials by Kaewkannate and Kim (2016).

The specific Misfit® Shine device or edition of the device may also have varied in each study, contributing to observed differences. Investigations on wearable devices performing similar functions differed in findings, these differences attributable to a number of factors: different operating systems (algorithms, interfaces), sensors, and accuracy has been reported to vary according to user differences (e.g. weight, sex, age, height) (El-Amrawy and Nounou, 2015). Therefore, the device and user can influence accuracy.

Armbands for monitoring physiological parameters in sports, fitness, and well-being have been developed. The SenseWear Pro ArmbandTM was designed to estimate the energy expenditure of the wearer during exercise. Several studies have been undertaken to determine the accuracy of devices (Jakicic et al., 2004; Arvidsson et al., 2007; Dwyer et al., 2009). Each study concurred, reporting underestimation of energy expenditure measured using the armband, thus highlighting the need for further refinement.

Textile-based products with sensing capabilities are available for sports, fitness, and well-being. StretchsenseTM (New Zealand) and Danfoos PolypowerTM (Denmark) have produced stretch sensors to monitor muscle activity and volume changes which can be integrated into apparel items (Dalsgaard and Sterrett, 2014). Heart rate sensors have been integrated into sports bras and t-shirts (Adidas®, miCoachTM range subsequently merged with Runtastic®, Sensoria® fitness range) (Dalsgaard and Sterrett, 2014).

Incorporating a device in clothing further enhances wearables for sports and fitness because clothing is already worn and will add little extra weight, or air resistance (a particularly important issue for elite athletes). The market size of the sports and fitness tech has been calculated. A compound annual growth rate of 38% and 25% (2016-2020) was predicted for wearable sports and fitness devices, respectively (Technavio, 2016).

Wrist-worn devices are still a large part of the sector. Fitbit® dominated the sector, holding 67% of sales in the United States in 2013 (Wu et al., 2016). However, Apple® has been reported to be the leading company in smart wrist band production as of 2017 (Kharpal, 2017).

The sports and fitness sector is likely to grow and diversify. For example, smart shoes (e.g. soccer boots), are expected to reach numbers of around five million pairs by 2020 according to CCS Insight (Gonzalez, 2017). The well-being sector can be estimated through smartwatches with enhanced functionalities for health monitoring (e.g. steps, heart rate). For example, global smartwatch sales are estimated to reach 141 million units in 2018, holding 50% of total sales in global wearable technology (Statista, 2017). This could be due to the desirable stylish appearance of smartwatches, multi-functionality of health monitoring, and other technological functions (e.g. social media, phone calls).

Patent Protection

A strong patent protection results from multiple patent applications that claim various inventive aspects. In use, the same basic components can be tailored to specific applications (e.g. health care; sport, fitness, and well-being; workplace; fashion). Wearable technology has a long history with rapid expansion since the beginning of the 21st century, which is expected to continue. Trials comparing the performance of existing and new wearable devices to more traditional, evidence-based data collection procedures are critical. Long-term trials to determine the end-life of devices are also required, focusing on the degradation of accuracy and reliability over time. Interesting and useful wearable technology devices, textiles, and garments have been developed, but the gap between laboratory and real-life applications remains.

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.

Brands are protected in India under trademark law. Counterfeiting is prevented using civil and criminal law proceedings through trademark attorneys. In light of emerging trademark infringement threats and need for brand protection against counterfeit products, the CII National Committee on FMCG 2014-15 of the Confederation of Indian Industry (CII) decided to take up this issue to provide guidance to the Indian FMGC & Retail Industry.

Counterfeiting in India

Indian Metro Rails have become the foundation for manufacturing counterfeit products and account for maximum IPR violations. It has been more than two decades since India embarked on its economic liberalization program and over the last few years, many of its benefits are clearly visible, especially in organized retailing and omnichannel marketing.

The prime reasons that have fuelled this boom include favorable demographics, rising consumer incomes, and the development of quality real estate like new shopping malls, etc. This has led to changing lifestyles demanding greater variety in merchandise, the convenience of shopping and ease of access.

Economists world over unanimously believe India is poised for tremendous growth with the increase in foreign investments and brands entering the country, the potential for growth is unlimited. The country’s estimated $500-billion retail sector has also seen many changes in the last few years. The largely predominant unorganized retail sector is now transforming. As the employment rate and disposable income levels have risen over the 10 years, consumers in India have begun to turn increasingly towards branded products. This has led to a shift towards the organized brick and mortar and omnichannel retailing. There are multiple retail formats in the country today. Given India’s high infrastructure costs and parking issues, Indian shoppers have embraced and welcomed online shopping due to the convenience of shopping from home.

trademark attorney in india

According to a Google report, increasing Internet penetration and growing preference for shopping online will drive the e-commerce market in India. It is predicted that e-commerce in India will grow to USD 15 billion by 2016 with 100 million people going online to shop. India is estimated to have 302 million Internet users overtaking the US as the world’s second-largest online user base.

Recently, several leading online marketplaces and e-commerce sites were accused by many consumer brands and channel partners of not only undercutting prices but also encouraging the sale of counterfeit goods by sellers of dubious origins on their sites.

Though these allegations are not supported by proof, they do shed light on the fact that there has been an increase in consumer complaints about the suspect quality of the merchandise recently purchased via e-commerce sites. With fake products looking identical to the original, often one cannot tell the difference by just looking at them.

This growing market for fake or counterfeit products in India also results in losses to legitimate businesses, State Exchequer and pose health risks to consumers. According to a study on ‘Socio-economic Impact of Counterfeiting, Smuggling and Tax Evasion’, the estimated annual tax loss to the Government due to counterfeit products in 2012 was Rs. 26,190 crore or almost USD $4.23 billion.

The study, which was conducted in seven key industry, sectors namely auto components, alcohol, computer hardware, FMCG (personal goods), FMCG (packaged goods), mobile phones and tobacco, further estimates an annual sales loss to Industry at Rs. one lakh crore or USD $16.13 billion.

Role of Trademark Attorney

Before filing a trademark in India, trademark attorneys or trademark lawyers conduct thorough brand clearance or trademark searches to determine the availability of a trade mark to be registered in India. The trade mark searches in India are only conducted within the scopes of registered marks and filed marks that have passed the initial scrutiny.

International Trademark Registration

For worldwide protection of trademarks, brand owners mostly opt for trademark registration under Madrid protocol. As per experience of trademark law firms, Madrid system is cost effective and time efficient, wherein trademark applications are filed with comprehensive description of goods and services.

Law Office of Rahul Dev assists clients with a dedicated team of Trademark, Copyright and Media Law Group. Our trademark lawyers are highly experienced in domestic and international trademark prosecution, trademark enforcement and trademark litigation, researching relevant trademark case law, trademark portfolio management, trademark clearance searching, trademark due diligence, and trademark licensing.

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.

Trademark Lawyer | Trademark Attorney

trademark attorney in india

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Innovations developed for effective data processing can be patenting using strong method claims. Patent attorneys draft comprehensive patent claims to cover various novel aspects, including machine learning patents, AI patents or artificial intelligence patents. Patent lawyers also employ data science in patent analytics for advising clients.

Data Processing Patents

As per patent classifications, data processing has been divided into three subcategories by IPC, CPC, and keywords:-

  1. Encryption and Security:-

It incorporates patents that identify with the encryption of information and the figuring of records and data. Instances of licenses in this subcategory are held by Qualcomm and Irdeto.

  1. Networking and Data Transmission:-

It identifies with patents concentrated on the exchange of information between the blockchain network and the system itself. The models in this subcategory are held by Philips and Marvell Technologies.

  1. Data Manipulation, Management, and Interrogation: –

It incorporates information control, the executives and cross-examination inside the blockchain network. The instances of licenses in this subcategory are held by Microsoft and Tencent.

software big data patent attorney

Patent Applicants

It can be used to classify the identities that are innovator leaders in a specific sector. It can also be used to identify the countries that are the main hot spots for the research and development sector. Thus, this examination can help innovators appreciate their commercial interest in the technology and the intermediate where they can carry out the activities. This information can together form and commercialize strategies. It also specifies which country has the most investment or interest in a specific area of innovation.

China and the United States are currently directing global blockchain innovation. Despite China and the United States has an equivalent number of applicants, the Chinese file the patent application twice every year as compared to the United States.

Patent Challenges

Document Authentication and Management

The issues being looked under this classification are record phony, the arrangement of the shrewd agreements and treatment of the agreements when all is said in done.

This problem has been efficiently addressed by the following companies:-

Data Sharing and Consistency

It identifies with patent families tending to how to verify the exchange of data over the system.

This problem has been efficiently addressed by the following companies:-

Entity Authentication

It identifies with patents that have attempted to improve personality checking, distortion of individuals and discovery of identity fraud.

Security and Secrecy

It identifies with the patent families that are attempting to tackle the issues of protection and encryption of information and moves.

General Transactions

It captures arrangements identified with exchanges and trade of information, following and deciding the kind of transfers.

Data Processing Speeds

It incorporates patent families that are taking care of issues identified with the preparing rates of information from different sources inside the blockchain.

Data Currency and Banking

It intends to unravel issues encompassing computerized monetary forms and fiscal exchanges, including installments and stock trades.

Patents in Australia

There are two types of Australian patent applictions:-

  1. Standard Patent – It protects an invention that is new, it must involve an inventive step, must not be obvious and has its use in the industry.
  2. Innovation patent – It is Australia’s second-tier patent and has a lower inventiveness.

The Australian Government has acknowledged the recommendation of the Productivity Commission to stage out the innovation patent.

Only 59 patent families contained patents filed through the innovation patent. Australians have mad higher proportional use of innovation patent systems which is 55% in blockchain technology.

Due to the lesser threshold for this type of patent, and the fact that the innovation patent is not enforceable abroad, this may overemphasize the level of innovative activities of Australian patent applicants in blockchain technology.

Chinese Applicants dominate Blockchain Technology. Alibaba, a Chinese company is the largest applicant who has filed about 57 families. Talking about global companies, Coinplug from South Korea and IBM has 75 and 61 families respectively.

Applicants are using blockchain technology to resolve glitches in document handling and administration, and predominately applying the technology into payment and transaction systems.

Australia’s role in the area of blockchain technology is active, with 49 patent families originating from Australian inventors, ranking Australia sixth globally in patent applications. Australia is also classified sixth globally as a destination for filing blockchain patents, with 87 patent families filed in Australia.

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.

Patent attorneys with expertise in Blockchain, Distributed Ledger and Smart Contracts draft and file patent applications for Blockchain IP Protection.

Blockchain

IBM was recently granted a patent covering an innovation to prevent drones from stealing packages. Companies like DHL, Amazon and FedEx are working on automated delivery of packages by using drones.

Blockchain Innovation

Blockchain is a distributed record which can record exchanges between two parties in an efficient and genuine manner. It is an innovation that can support better approaches for interfacing and recording information over all regions of innovation.

BLOCKCHAIN PATENT ATTORNEY

Blockchain was at first connected with digital currency exchanges. Its uses are being investigated and perceived in different structures, for example, record-keeping, contact, and registers, and so forth.

The health business has been investigating blockchain to help and verify data trade of patient records and furthermore for following of pharmaceuticals from their production to their organization to patients.

The consumer world perceives blockchain as an approach to follow supply chains from production to form names and to rearrange security forms identifying with passenger screening.

Patent Data

Patents are allowed for gadgets, substances, techniques or procedures that are new, creative and valuable which gives elite business rights in return for full public revelation of the development.

Patents can be utilized as pointers of innovative activity. The parts of innovative action can be estimated by examination of information related to the patent archives.

This suggests patents are a wellspring of information on innovation trends in science and innovation.

Patent Document

It is compulsory for the applicant to document a patent application for every country an applicant needs to get patent assurance. The Patent goal demonstrates that where the pioneer needs to ensure their development. There can be different purposes behind assurance including the country being an objective for commercialization or that the country is significant for future research. With the assistance of blockchain innovation, the applicant can document the most noteworthy extent of patents inside their very own country.

Blockchain Technology

Technology analysis helps to identify the level of activity in specific technology areas within an overall field. It can additionally assist pioneers with understanding different regions of business intrigue and educate commercialization methodologies and research headings.

Division of patents occurred in two general classes which are broad chain applications and data processing. There were additionally founded on patent classification symbols, International Patent Classification (IPC) and Cooperative Patent Classification (CPC) and keywords.

There has been a low extent in connection to the patents getting approved by patent offices.

Blockchain Applications

The blockchain applications are additionally divided into four subcategories by IPC, CPC, and keywords. These subcategories are as per the following:-

  1. Payment and Transaction systems:-

It incorporates patents coordinated to the utilization of blockchain innovation in cash transfer. It has the most elevated extent of patent families or groups of all subcategories of blockchain applications. Innovations in this sector are protected by patents mostly owned by Digital Asset Holdings, nChain, Socure, and Swirlds.

  1. Financial Services:-

Financial Services incorporate patents that include banking, stock exchanging and the executives of money and cryptographic forms of money. Instances of patents in this sub-classification are held by Nasdaq and Coinplug.

  1. Business Administration:-

It captures the utilization of blockchain innovation in exchange applications that don’t include cash. These incorporate record-keeping, restorative records and the board of agreements. Instances of patents in this subclass are held by eIngot and SkuChain.

  1. Shopping and Ecommerce:-

It identifies with patents that use blockchain in purchases from online and customary shops and in internet gaming. A case of licenses in this subcategory is held by Beston Technologies Pty Ltd.

Blockchain Patent Attorney

Patent attorneys with expertise in blockchain technology work closely with clients to perform patent searches and draft patent applications. During blockchain patent research, patent attorney conducts a key word search of the granted patents and published patent applications across various patent database platforms. The patent searches are based on the features of the blockchain innovation by themselves and in combination. To expand the scope of the blockchain patent search, keyword search is also performed across various Non-Patent Literature (NPL) resources to ensure that all the related prior art is retrieved.

Blockchain Patent Drafting

Patent attorneys conduct comprehensive research before drafting software patents and mobile app patents. The patent research work also includes comparison between features of the blockchain innovation and prior art references. On certain occasions, a patent claim chart is also prepared to illustrate the relationship between prior art and the innovation features.

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.

Patent linkage refers to connection between patent registration procedure and drug regulatory approvals, which is not present in Indian legal system. Patent grant in India provides an exclusive right to the pharmaceutical companies to make, use, sell and bring to market the innovative products, but a regulatory approval does not provide any exclusivity.

patent attorney in India

Indian medicines are exported to around 200 countries in the world. The United States is the world’s leading single market for pharmaceutical products accounting for nearly 50% of the value of the total world market. India’s five largest export markets are the United States (28 percent), Russia (11 percent), Germany (10 percent), the United Kingdom (8 percent), and China (7 percent). Exports to such countries consist mainly of bulk medicines that account for nearly 60 percent of India’s pharmaceutical exports. The remainder, most formulations are exported to the countries of the former Soviet Union (CIS) and developing countries (Southeast Asia, Africa, and Latin America). India continues to be the number one supplier of cost-effective antibiotics, cancer therapy, and AIDs drugs to the developing world. Many of India’s leading Indian pharmaceutical companies have also been certified by regulatory authorities in Australia, South Africa, and the EU.

It is well known that patent protection corresponding to various important or blockbuster drugs are scheduled to expire in coming years.

Moreover, the various governments worldwide are looking to curb their soaring prescription medicines costs through greater use of generics. These opportunities are offered not only in India’s traditional wealthy client markets such as the U.S. and European Union counties but also in emerging economies with vast populations such as Africa, South America, Asia, and Eastern and Central Europe.

These are some points for consideration by Indian pharmaceutical companies to sustain and boost the presence in the world’s drug market and one of them is the Para IV Certification.

ABBREVIATED NEW DRUG APPLICATIONS

The Drug Price Competition and Patent Term Restoration Act of 1984 (the Hatch-Waxman Amendments) amended the Federal Food, Drug, and Cosmetic Act of the US. These Amendments created Section 505(j) of the Act. This section established the ANDA approval process, which allows lower-priced generic versions of previously approved innovator drugs to be approved and brought on the market.

The Hatch-Waxman Act allows generic manufacturers to file an ANDA demonstrating bioequivalence to an innovator drug, rather than an NDA, which is far costlier as it requires data establishing safety and efficacy. Under the Hatch-Waxman Act, a generic manufacturer may file an ANDA prior to the expiration of the innovator’s patents. An ANDA applicant must include in its ANDA a patent certification as described in section 505(j)(2)(A)(vii) of the Act. One of the following statements must be made in such certifications:

(1) The patent information hasn’t been filed;

(2) That the patent has expired;

(3) The date on which the patent will expire; or

(4) That the patent is invalid or will not be infringed by the manufacture, use, or sale of the drug product for which the ANDA is submitted.

The 4th Certification is known as a Para IV Certification. The ANDA applicant must provide appropriate notice of a Para IV Certification to each patent holder that is the subject of the certification and to the holder of the approved NDA to which the ANDA refers. The first generic manufacturer to file a substantially complete ANDA with a paragraph IV certification may be awarded a 180-day marketing “exclusivity” period during which no other ANDA filers can market their version of the drug dose. Thus, the opportunity to be the sole competitor to the innovator for up to 6 months is aggressively pursued. This results in windfall profit as there is a restricted number of players, usually one (ie, the innovator) and in these 180 days the margins are very high. The company that wins this exclusivity can reap huge profits during the 180-day exclusivity period. In fact, the company can garner a market share, which is 5-10 times higher than the other generics players.

Indian businesses can manufacture medicinal drugs for less than half what it costs to manufacture than in the United States, conduct clinical trials for approximately one-tenth of the U.S. cost, and carry out R&D for less than one-eighth the U.S. cost. Indian pharmaceutical companies led by Glenmark, Aurobindo, and Sun Pharma maintained their number one position in the U.S. generics market, by accomplishing 33.17 percent or 139 of 419 original ANDA approvals from the U.S. Food and Drug Administration (FDA) in 2010. The Filing of ANDA with a Para IV certification by Indian companies is very less. It is a high risk – high reward growth strategy. Indian companies should challenge the patents of global companies via Para IV filings and India’s share in the total Para IV filings is required to grow further.

Indian companies will be challenged by declining prices in the U.S. market, falling profit margins, rising competition from other low-cost countries, parallel launches of authorized generics by Western innovator companies, and the increasing power of large distributors in the U.S. and European markets so they have to prepare strategy for consistent achievement in generic drugs market. The Filings of ANDA with a Para IV certification by Indian companies is required for better prospects of Indian pharmaceutical companies.

CHALLENGES

Production costs of medicinal drugs are almost 50% lower in India than in other Western nations, while overall research and development costs are about one-eighth and clinical trial expenses around one-tenth of Western levels. Clinical trials in India cost approximately $20 million while the cost abroad would range between $300 million and $350 million. Costs of medicinal innovation in India are estimated as low as one-seventh of cost levels in Europe.

CONCLUSION

Indian companies should focus on developing follow-on biologics, Challenging IPRs on regulated markets, investing in R&D for proprietary NCEs. Many mid-level Indian producers can turn to contract manufacturing, outsourcing, contract research, contract clinical trials, or other tie-ins with MNCs.

These alliances and millions of dollars spent on establishing domestic and foreign-based manufacturing facilities, acquiring foreign drug manufacturing firms and the like. These overseas acquisitions will allow Indian businesses to gain traction in Western regulated markets, diversify their portfolios, acquire recognized brands, and gain R&D capabilities.

The United States has some of the highest drug prices in the world and has attracted imports of generic drugs from India and a number of low-cost countries. However, severe price compression and growing competition from other low-cost countries are forcing Indian majors to offset their losses by shifting their attention to Western Europe.

India’s continuing failure to provide data protection needs to be rectified urgently. Indian manufacturers cannot fulfill their objectives to become players on the global stage unless they make significant increases to their R&D expenditures. There is a need to increase R&D collaboration with MNCs to gain the advantage of India’s conducive environment for new drug discovery and development.

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.

World class patent attorneys protect technological innovations across the globe by providing patent strategy consultation. Innovations are protected by building a patent wall around the novel features, thereby preventing competitors from copying the technology without permission. Inventors obtain patent rights by filing patent applications with the patent office and going through the entire process of patent prosecution.

Corporate Innovation

Consistent business growth requires a long-term commitment to strategy and innovation, which results in the creation of a valuable portfolio of intangible assets that can be protected by way of patents and trademarks. Innovation refers to novel ideas launched in the market for the customers to fulfil their desire. Innovation can be in the form of product or service and later it should be developed for the benefit of customer and company. Innovation is crucial for economic growth and providing better returns to company shareholders. The company should be innovative if it wants to grow and succeed in the market. The economic growth has a direct relationship with innovation.

Innovation in Virtual Reality and Augmented Reality Patents

Virtual reality (VR) is a computer-generated artificial simulation or recreation of a real world environment or situation whereas Augmented Reality (AR) is a live direct or indirect view of a physical, real-world environment whose elements are augmented and supplemented by computer-generated sensory input data such as sound, video, graphics or GPS data.

In Augmented reality (AR) the user is able view a number of images via a pair of 3D glasses or a head mounted display (HMD). Moreover, the user is able to interact with the images as part of the overall experience.

Patent Attorney in India

Nowadays, iPhone and other smartphones have inbuilt GPRS which can obtain information about a particular geographical location and the selected locations can be overlaid with images. Moreover, the smartphones and other handheld devices have software, sensors, a compass and small digital projectors which has the ability to display images onto real world objects.

The virtual and augmented reality sector is the most booming sector in the current decade. Recently, a group of 16 innovators from Wellington, Auckland and Christchurch have formed the New Zealand VR/AR Association. Film star like Ashton Kutcher, and software giant Samsung are among the investors list in Wellington virtual reality company. Augmented reality technology is not only used in gaming sector to play games like Pokémon but has paced its way to the treatment of medical ailments. Augmented reality based technique can be used for neurosurgery. The neurosurgeons is able to visualize the ventricles in a patient’s brain on a Microsoft HoloLens screen based on a scan performed before the procedure.

According to “India Augmented Reality and Virtual Reality Market, Competition Forecast and Opportunities, 2011 – 2021” report India Augmented reality & Virtual reality market is projected to grow at a CAGR of over 55% during 2016 – 2021. Pokémon has proved that AR implementation can enhance the gaming experience of the user. Moreover, head-up displays units are being used in  the automotive sector. Major players in AR & VR market in India are Motorola Mobility Inc, Microsoft, OculusVR, Samsung, and Sony.

Recently, Motorola Mobility Inc was granted a patent by the Indian Patent Office (IPO) titled “MOBILE VIRTUAL AND AUGMENTED REALITY SYSTEM” on 07/10/2016. The patent application was filed on 25/08/2010 bearing patent application number 3142/KOLNP/2010 before the Indian Patent Office. The field of invention identified by the patent examiner relates to field of electronics. The identified IPC for the invention is G06Q-50/00. In operation, the user can create “virtual graffiti”  that will be left for a particular device to view as part of an augmented reality scene. The virtual graffiti will be assigned to a particular physical location or a part of an object that can be mobile. The virtual graffiti is then uploaded to a network server, along with the location and individuals who are able to view the graffiti as part of an augmented reality scene. When a device that is allowed to view the graffiti is near the location, the graffiti will be downloaded to the device and displayed as part of an augmented reality scene. To further enhance the user experience, the virtual graffiti can be dynamic, changing based on user’s preferences.

Another interesting patent was granted to Microsoft by the Indian Patent Office (IPO) on 20/01/2012. The invention is titled “A METHOD FOR GENERATING AN AVATAR AND A SYSTEM THEREOF” . The patent application was filed on 29/11/2005 bearing patent application number 5508/DELNP/2005 before the Indian Patent Office. The field of invention identified by the patent examiner relates to field of computer science. The identified IPC for the invention is A63F-13/00. The granted patent relates to racing-based computer games typically include a mode in which one or more human players can compete against one or more computer-controlled opponents. For example, a human player may drive a virtual race car against a computer-controlled virtual race car purported to be driven by Mario Andretti or some other race car driver. Such computer controlled opponents may be enhanced by including a sampling of actual game behavior of a human subject into the opponent’s artificial intelligence control system. Such a sampling can allow the game system to personalize the behavior of the computer control opponent to emulate the human subject. So in this patent the behavior of the computer control opponent is personalised.

Technology Innovations and Patents – Patent Attorney Analysis and Patent Lawyer Insights from Rahul Dev

Conclusion

Increasing success for global inventions across various technology sectors results in greater success during fundraising for startups. Investors encourage innovative businesses and individuals with a wide range of incentives if patent protection exists. In the era of fierce competition and complex technology products being launched regularly, a well formulated patent protection and strategy are essential.

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.


 

 


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Arbitration Agreement in India

In certain situations, the arbitration agreement signed by two or more parties may be applicable to a non-signatory to said arbitration agreement. There have been various cases in India wherein this issue has been discussed across different courts. In the case of Prabhat Steel Traders Private Limited vs. Excel Metal Processors Private Limited, the Bombay High Court in 2018 dealt with the issue concerning the locus of a non-signatory to the arbitration agreement under the Arbitration and Conciliation Act, 1996 with respect to section 37 of the Act which provides for Appealable orders, that a non-signatory to the arbitration agreement can challenge the interim orders issued by a sole arbitrator or an arbitral tribunal under section 17 of the Act.

arbitration lawyer india

Case Background

In the aforesaid mentioned case, arbitration petitions filed under section 37 of the Act, the petitioners, who were non-signatories to the arbitration agreement, prayed for leave to appeal against the order passed by an arbitral tribunal and also prayed for setting aside the said impugned order, on the grounds that the interim measure was causing severe prejudice to the interests of the petitioners. The Court first summarized the facts in one of the arbitration petitions which was argued as the lead matter and in view that the facts in the other petitions were identical, the judgment in the lead matter was applied to the other petitions.

Case Facts

Judgment

The Court accepts the contention that section 37 of the Act does not provide that an appeal under said provision can be filed only by the parties to the arbitration agreement. Section 34 of the Act refers to the expression “party” which is absent in section 37 of the Act.

The fact that the expression “party” is absent in section 37 of the Act makes the legislative intent clear that the said expression “party” is deliberately not inserted so as to provide a remedy of an appeal to a third party who is affected by any interim measures granted by the arbitral tribunal or by the Court in the proceedings filed by and between the parties to the arbitration agreement.

There is a possibility of collusive proceedings and collusive order of interim measures being filed and obtained by the parties to the arbitration agreement which may affect the interest of third parties.

The Court further observed that the Division bench of the Bombay High Court in the case of Girish Mulchand Mehta and Durga Jaishankar Mehta vs. Mahesh S. Mehta and Harini Cooperative Housing Society Ltd. has dealt with an issue whether the appeal under section 37 of the Act could have been filed by the third party arising out of the order passed under section 9 of the Act.

The Division bench construed Rule 803E of the Bombay High Court (Original Side) Rules and has held that section 9 of the Act is distinct from section 17 of the Act, in as much as a petition under section 17 of the Act is moved before the arbitral tribunal for an order against a party to the proceedings, whereas section 9 of the Act vests remedy in a party to arbitration proceedings to seek interim measure of protection against a person who need not be either party to the arbitration agreement or to the arbitration proceedings. In the said proceedings under section 9 of the Act, a third party was also impleaded since the grant of the proposed relief may incidentally affect those third parties.

The Court entertained the appeal under section 37 of the Act filed by such third party who was affected by the order passed by the learned Single Judge under section 9 of the Act, though dismissed the said appeal on merit.

The High Court was of the view that the fact that powers of the Court under section 9 of the Act to grant interim measures and powers of the arbitral tribunal under section 17 of the Act are identical in view of the amendment to section 17 of the Act with effect from 23rd October 2015, therefore, even a third party who is directly or indirectly affected by interim measures granted by the arbitral tribunal will have a remedy of an appeal under section 37 of the Act. The principles of law laid down by the Division bench of the Court in Girish Mulchand Mehta’s case were extended to the present case.

By this landmark judgment the Court observed that, in view of an order obtained by the parties to the arbitration agreement under section 17 of the Act, directly affecting the independent rights of the Petitioner (a third party), such third parties cannot be made to suffer on the ground that the remedy of appeal under section 37 of the Act could not be availed of by such third parties, given that the said provision does not specifically bar appeals filed by the third parties.

Conclusion

An essential part of arbitration law in India includes determining whether a non-signatory party falls under the scope of an arbitration agreement. Before initiating arbitration proceedings in India, parties need to clearly review the provisions of the Arbitration and Conciliation Act 1996, which is the key law governing arbitration matters in India. Arbitration lawyers possess significant expertise in handling domestic arbitration matters and international commercial arbitration proceedings. Arbitration law firms in India routinely represent clients before a sole arbitrator or an arbitration turbinal so as to provide arbitration as an alternate dispute resolution mechanism for clients in India and outside India.

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.

General and Commercial Litigation

India sees a tremendous amount of litigation every year. Among different types of cases filed in India, majority of commercial disputes relate to contractual breaches, debt recovery, real estate, regulatory, intellectual property rights and labor laws. Lawyers and law firms with corporate practice focus on comprehensive strategies to reduce litigation risks for their clients in India and outside India.

Lawyers and law firms in India represent clients before Supreme Court, High Courts, District Courts and quasi-judicial tribunals. Expert lawyers and attorneys are well-versed in the entire framework of writ laws and other public laws, company law, labor laws, real estate laws, environmental laws, banking laws including debt recovery laws, laws governing non-compliant companies, contractual breaches, labor laws, consumer laws, real estate laws etc. The corporate lawyers are experienced in handling business contracts for clients belonging to public as well as private sector.

Litigation in India

The legal cases are filed across multiple courts in India for matters pertaining to:

Arbitration in India

Arbitration has become the most viable alternate dispute resolution mechanism in all commercial ventures worldwide. In India, the ambiguous nature of commercial litigation proceedings has resulted in selection of arbitration as the primary means of alternate dispute resolution. The arbitration law and procedures in India are evolving steadily and application of this law in practice in Indian business context is gaining momentum at a rapid pace.

Arbitration Lawyer in India

Drafting of Agreements

Drafting of a proper and suitable arbitration and mediation clause is the basis for a successful arbitration challenge and defense. Business entities like private limited companies are continuously trying to reduce the litigation risks by planning for arbitration and mediation in case of any business disputes.

Arbitration law in India

Arbitration lawyers in India specialize in this area for various years and handle complex local and cross-border arbitrations. The role of arbitration lawyers includes representing clients in several arbitration proceedings and obtaining interim measures from various Courts, preparing Section 11 Applications before the High Courts or the Supreme Court and defending actions at all levels.

Mergers and Acquisitions

Merger and acquisition (M&A) forms part of routine business transactions in India and across various other jurisdictions. Companies opt for this route to multiply business growth, and this comes with its own set of litigation risks. Hence, mentioning arbitration and mediation as preferred dispute resolution mechanisms across all M&A legal documents can provide significant advantages. Such prompt efforts can result in quick regulatory compliance for companies and can prove handy during future legal due diligence.

Law Office of Patent Attorney Rahul Dev offers high value software patent drafting and patent due diligence services to clients by using proprietary and efficiently proven process along with a fixed fee costs, for performing comprehensive patent investigations and providing clients with strong patent reports for decision making.

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 Patents, 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.

The procedure to file patent applications in India begins by drafting a comprehensive patent application with strong patent claims. The initial patent application is filed with the patent office as per the requirements of the patent law.

International Patent Process

The patent rights are secured in multiple countries by filing international patent application as per the Patent Cooperation treaty (PCT). In use, the PCT provides a unified patent procedure to file the same patent application in each of the PCT member states.

Patent Filing in China

China is a major jurisdiction when it comes to patent filings. It has been reported recently that in 2018 China accounted for almost half the number of total patent applications filed worldwide. The patent procedure in China is similar to the patent process in India, with certain differences.

patent lawyer in india

Patent Prosecution in China

The most important steps during patent prosecution in China, include, patent filing, patent publication, patent examination, patent opposition and patent grant or patent rejection. In India, the patent prosecution consists of only a single phase comprising of several steps.

However, in China, patent prosecution is divided into two distinct stages, including, formalities/preliminary patent examination stage and substantive patent examination stage, wherein a patent application can enter in the substantive examination stage only when it first passes the formalities/preliminary patent examination stage. During preliminary examination the application is checked for any obvious and substantial flaws/ defects; proper filing documents and fees; and whether the invention falls within the patentable subject matter. The applicant is required to correct the defect(s) (if any) within the specified time limit. If the application passes through the preliminary examination then it is published, else it is rejected (Article 34 of Patent Law of the People’s Republic of China, 1984 r/w Rule 44).

Applicant can make request for publication earlier than 18 months (early publication); SIPO shall publish such application immediately (Article 34 of Patent Law of the People’s Republic of China, 1984 r/w Rule 46). An applicant, who is not satisfied by the decision of rejection of patent application by SIPO, can make application for re-examination of the application to the Patent Re-examination Board (PRB) after paying the prescribed fee. The re-examination of the application remains restricted to the grounds and evidences upon which the decision of application rejection was based (Article 41 of Patent Law of the People’s Republic of China, 1984 r/w Rule 60-64).

Foreign Patent Applications

With regards to the duty to disclose information regarding foreign applications in China, the applicants are required to disclose information regarding equivalent foreign patent applications as per the local patent law. However, regulations in India in this context seem to be much more severe and hard to comply with. SIPO requires only the copies of priority search/ examination reports to be submitted.

Whereas, in India as per the Section 8, the applicant is required to submit “detailed particulars” related to equivalent foreign application at the Indian Patent Office, irrespective of whether such information is material to patentability or not. In China failure to comply with this provision is not a ground of patent revocation after the patent grant.

Patent Opposition in China

As per the patent law, post-grant opposition mechanism is available, wherein currently, the only way to challenge a granted patent in China is through the post-grant invalidation procedure (Articles 45-47 of Patent Law of the People’s Republic of China, 1984). Any individual or entity may submit request to the Patent Re-examination Board (PRB) to declare a patent invalid on the ground that such patent does not conform to the conditions for granting patent rights under the law. Requests for invalidation can be filed in writing at any time after the grant of a patent.

Third Party Observations

According to the implementing regulations of the Chinese patent law, after publication of a patent application any person can submit observations at SIPO regarding non-conformity of the application with the provisions of the Patent Law. The observations can be submitted until the date of announcing the grant of the patent (Rule 48 of Patent Law of the People’s Republic of China, 1984).  Third party observations are admissible for invention patents only and not for utility model patents.

Patent Filing and Patent Prosecution in India – Patent Application Types – Provisional & Complete Patent – PCT National Phase & International Phase Application – Patent Publication, Examination and Office Action Response from Rahul Dev

Role of Patent Attorney

To complete the patent process, patent applicants seek the assistance of a patent attorney. Patent attorneys work with clients under a law firm structure or as individual practitioners. Various patent services provided by the patent attorneys include client counseling, managing patent preparation and prosecution, rendering legal opinions with respect to patentability, patent validity and freedom to operate; advising on intellectual property aspects of agreements, and, as needed, supporting patent litigation, due diligence reviews and intellectual property-related transactional work covering patent licensing and patent valuation reports.

Law Office of Patent Attorney Rahul Dev offers high value software patent drafting and patent due diligence services to clients by using proprietary and efficiently proven process along with a fixed fee costs, for performing comprehensive patent investigations and providing clients with strong patent reports for decision making.

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 Patents, 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.

Law Office of Rahul Dev represents clients for domestic and international commercial arbitration proceedings.

arbitration lawyer india

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The overall cost to obtain a utility patent for an invention is generally $8000 to $18000, depending upon the country where patent filing is desired.

Utility Patent Application Cost

A utility patent application includes patent claims, drawings and description of the invention. Cost of utility patent application drafting increases in case of complex inventions because of comprehensive set of patent claims and extensive description of the best mode of the invention.

Patent Application Cost in India

The patent application cost in India covers the official filing fee and the patent attorney charges for drafting a patent application. The cost of patent application in India may also include charges for conducting a patent prior art search. The results of patent search are used to perform a patentability analysis. The summary of patentability analysis is used by the inventors and patent applicants to decide the scope of the patent claims. The overall patent cost in India can be between $2000 to $3500, depending upon specific facts of the case.

Patent Attorney in India

Artificial Intelligence Patents

The artificial intelligence patent landscape shows disruption across the entire technology ecosystem. For patenting artificial intelligence based innovations, issues related to patent eligibility and inventorship need to be tackled. At present, the USPTO is looking for data on computerized reasoning Artificial Intelligence (AI) Inventions, covering:

(a) creations created by AI (completely or somewhat); and,

(b) developments of AI.

In spite of the fact that the concentration here is AI development, the important hidden string is the corporate invention. The following are the basic elements of AI Inventions:

  1. Perception – sense audio-visual and other input
  2. Language – understand human intent
  3. Knowledge – capture concepts and relationship
  4. Learning – improving with experience
  5. Solving – logical deductions, completion
  6. Planning – best use of options to achieve goals
  7. Action – move or manipulate objects or programs
  8. Social & General Intelligence – adapt to affect

For AI Inventions the person who conceives the training program of that AI is the inventor as well.

Distinguishing the new unobvious arrangement would establish a discovery, since AI isn’t aware, the individual who initially recognizes it makes the discovery. Whoever concocts or finds any new and helpful procedure, machine, production, or structure of issue, or any new and valuable improvement thereof, may get a patent accordingly, subject to the conditions and prerequisites of this title. The trained AI is either new and valuable procedure or machine or new and helpful improvement thereof.

Patent Ownership

For technology companies, only employees can be listed as inventor but not a company. But a company can be the owner of a patent, which leads us to the concept of ownership. In the preponderance of patent applications, the inventors are employees of a company that own the patent rights (by virtue of an employment agreement with the company). In that situation, the company is the “applicant” who has the power to file and prosecute patent applications, and the inventor does not have any standing with the patent office.

In case of artificial intelligence inventions, machines can and do process data and produce valuable surges of visual or sound-related images which people can see and accordingly consider, yet the machines are not aware nor cognizant: they don’t think nor imagine anything, they process data in a way which produces results which are comparable to what a conscious being conveys what the individual in question has delivered during the time spent reasoning and conceptualization, yet the current machinery are not even close to anything prepared to do real thinking and can’t contribute anything “applied”.

An AI entity other than a natural person or company to which a natural person assigns an invention cannot own a patent on the AI invention. An AI entity can only ever be considered a joint-inventor, as without human intervention on the training data and algorithms, it would churn out rubbish. Meanwhile, pharmaceutical companies are increasingly turning to AI to drastically speed up the process of discovering new drugs, analyzing huge quantities of data to come up with new molecules that could potentially have a therapeutic effect.

Patent Services

To secure patent rights, Rahul Dev works with clients to develop strong patent strategy for national and international patent applications, including drafting of patent claims, preparing formal patent drawings, drafting patent licensing agreements, along with his team of patent engineers and patent research analysts who have the skills and experience to assist throughout the patent process.

Law Office of Patent Attorney Rahul Dev offers high value software patent drafting and patent due diligence services to clients by using proprietary and efficiently proven process along with a fixed fee costs, for performing comprehensive patent investigations and providing clients with strong patent reports for decision making.

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 Patents, 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.

Brand protection strategy in India includes strong trademark protection and proactive approach to prevent counterfeiting and infringement of trademarks.

trademark lawyer in India

Design Patents and Trade Dress

Trade dress is a type of trademark directed to the distinctive look and feel of a product or service which identifies its source. To be registerable, a trade dress needs to serve as a source identifier, be distinctive in the marketplace, be used in commerce, and be primarily non-functional. Trade dress could embody the look of a product or its packaging. If a product design is identifiable with a company or source, trade dress rights prevent other products from appearing confusingly similar to a consumer, whereas Design patents provide a limited term of protection for the visual, non-functional characteristics of a product. Design patents can cover a shape, color, and pattern of an entire product or only a portion of a product.

Design Patents

To obtain a design patent, the design must be an article of manufacture, ornamental, novel, and non-obvious over existing designs. Although the object can provide functionality, the segment of the design to be protected cannot be purely functional. If the design is the only way to uphold the functionality of the object, the design is not qualified for design patent protection.

A design patent may not be available if an object embodying the design was publicly disclosed prior to filing the design application. Design patents can be applied before even commencement of manufacturing. Therefore, ideally, an application should be filed as soon as possible, prior to sales or other revelation.

Trade Dress

To acquire trade dress rights, the design must be non-functional, and must have acquired “secondary meaning” such that the design is identifiable with the source. If the design entails product packaging, trade dress rights may take place from “inherent distinctiveness.” Trade dress protection can only be acquired for non-functional designs. For example, a “pink” colored bandage was not protectable because the color served the purpose of blending well with skin.

The shape of a musical instrument such as guitar was deemed too functional because it was advertised to have acoustical advantages. Demonstrating that a design has acquired secondary meaning can be difficult and requires evidence which may include testimony/surveys, or extensive marketing and/or sales of the product.

Trade dress rights do not run out as long as the design is used in commerce as a source identifier. Once a design obtains secondary meaning, future products can also benefit if they use the same protected design feature. Furthermore, a competing product infringes when it is deemed close enough to confuse a consumer regarding its source.

In contrast, infringing a design patent requires an ordinary observer to find the accused design substantially similar to the protected design, in context of prior designs in the field – generally a more difficult bar. Although not compulsory, registering a trade dress conveys a number of advantages that may serve as deterrents against copying; for example, a registered trade dress is presumed valid such that the burden of establishing invalidity falls on a copying party, whereas the owner of an unregistered mark must establish its validity.

Trade Dress Cases in India

Cadbury India Limited and Ors. v. Neeraj Food Products 142 (2007) DLT 724, MIPR 2007 (2) 269, 2007 (35) PTC 95 Del; Delhi High Court

A company by name Neeraj food products launched a food product similar to ‘Gems’, a popular chocolate product by Cadbury. The product was called ‘James Bond’. The colour schemes and nature of the foods were alike. This was opposed by Cadbury in whose favour there was a decree that restrained Neeraj Food Products from using trademarks and packaging similar to Cadbury.

Parle Products (P) Ltd. v. J.P. & Co., Mysore, 1972 AIR 1359, 1972 SCR (3) 289; Supreme Court of India

The defendants propelled a brand of biscuits similar to Parle G. Both the packs looked almost the same, with the same colour scheme, similar design and size. The Supreme Court said that in order to determine misleading similarity, both packages need not be placed side by side and compared, but a general similarity would suffice, and action was taken against the defendants.

Gorbatschow Wodka Kgv v. John Distilleries Limited Notice of Motion No 3463 of 2010 in Suit No 3046 of 2010; Bombay High Court

The Plaintiff is one of the finest brands of Vodka in the world. Its bottles have a unique round shape inspired by Russian Architecture. Whereas, the defendant, an Indian company propelled a product called Salute Vodka with a likewise shaped bottle, but a different trademark and colour of label. Though, the defendant argued that the consumers of Gorbatschow Vodka are well-off and can never get confused by an economic brand like Salute. The Bombay High Court decreed that the figure of the bottle is misleadingly similar and that it will tarnish the image of the plaintiff if the defendant is permitted to sell the same. Thus, the defendant was prohibited from using the shape of the bottle for selling their products.

Trademark and Patent Attorneys

Patent attorneys with broader scope of expertise provide legal advice and consulting on issues related to intellectual property rights and technology laws. Core practice areas include trademark filing, domestic and international trademark prosecution, trademark enforcement and trademark litigation, researching relevant trademark case laws, trademark portfolio management, trademark clearance searching, trademark valuations, brand valuations, trademark due diligence, and trademark licensing.

Law Office of Patent Attorney Rahul Dev offers high value software patent drafting and patent due diligence services to clients by using proprietary and efficiently proven process along with a fixed fee costs, for performing comprehensive patent investigations and providing clients with strong patent reports for decision making.

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 Patents, 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.

Patent rights allow the owners to exclude others from making, selling or using the claimed invention. In case such rights are used without permission, it amounts to patent infringement. In Indian perspective, the Patents Act includes various provisions defining patent infringement as an unauthorized act of selling, manufacturing, offering to sell, importing or using in-force patented invention without the permission of a patented owner.

Patent Infringement in USA

US courts and the United States International Trade Commission (USITC) routinely handle matters pertaining to infringement of patent rights. Recently, it has been reported that South Korean firms SK Innovation and LG Chem are engaged in proceedings involving electric vehicles (EV) battery patents. The core issue is about SK Innovation poaching 76 LG Chem employees in order to steal LG Chem’s trade secrets, subsequently infringing LG Chem’s EV battery patents.

patent attorney in India

Patent Infringement in India

Case Study – Communication Components Antenna Inc. v. Ace Technology Corporation (2019)

Read full judgement here.

Brief Facts:

The Plaintiff, Communications Components Antenna Inc. is a Canadian company manufacturing and selling, cellular base station products, and services relating to the telecommunication industry. A lawsuit for Patent infringement was filed by the Plaintiff against alleged infringer Ace Technologies Corp, the Defendant and its related entities and subsidiaries in relation to its patent which was titled “Asymmetrical Beams for Spectrum Efficiency”, the Patent.

Plaintiff Contentions:

Communication Components Antenna Inc., the plaintiff, claimed that the patent was for a novel antenna having a unique feature i.e. an asymmetrical beam pattern detailed in its specification. However, the Patent did not really comply with the technical standard to be considered to be patented and rendering dole ownership to the plaintiff and also has been licensed by the plaintiff to various other parties. Approximately two years ago it was found by the plaintiff that their Patent was being infringed by the defendants.

In order to protect their patented invention from getting infringed a suit was filed by the plaintiff. The Court passed an interim injunction on the sale of the patent in question to any cellular operators in India by the defendants till the matter was heard next. Although orders for imports was allowed only on the condition of filing the accounts of the same.

The Plaintiff argued that their antenna was a “smart antenna” and that the design of the same was unique and novel with the aim of achieving greater effectiveness without quality compromise and that on grounds of validity of patent, that the grant of the patent claiming to be a “smart antenna” was justified as it introduced new and unique asymmetrical beam patterns in split-sector fixed beam antennae.

Defendant Contentions:

Ace Technology Corporation, the defendant, submitted that the patent in question was lis pendens, wherein, the Court could not grant an injunction as the validity of the patent was challenged. The suit was further challenged by the defendants stating that the patent which was in question in the suit was not a valid Patent under Section 3(a),(c),(d) and (f), of the Patents Act and should hence be revoked under Section 64 of the Patents Act.

The defendants further argued that the “asymmetrical beam patterns” already constituted prior art when the patent was granted in India. The defendants denied the plaintiff’s claim of having “worldwide protection” on the basis that “additional limitations” had been made to the corresponding patent claims in the United States which consequently makes the Patent registered in India “obvious”.

Observations of Delhi High Court

In this matter a Single Bench Judge of the Delhi High Court Justice Prathiba M Singh based on the prima facie or the first impression of the case passed an order directing the alleged infringer to make an interim deposit of approximately Rs. 54 crores to be able to carry on with further sale of the manufactured products through the Patent in question High Court Registry.

It was further directed by the Judge that if the alleged infringer does not comply with the interim order, he shall be prohibited from activities such as manufacturing, selling, or offering for sale any such products which are manufactured through the suit patent.

The Court after hearing contentions from both the sides rejected the defendant’s contentions with regards to suppression of facts, as the plaintiff had already placed the judgment before the Court of the pending suit on record. The Court observed that the language of the patent claims in different jurisdictions, after it is granted in various domestic jurisdictions, would usually never be identical.

Patent Claim Charts

During patent infringement proceedings, it is crucial to prepare evidence of use by way of patent claim charts. Such charts help in preparing patent Infringement analysis, evidence of use charting, claim construction and patent infringement opinion by a patent attorney, along with patent invalidity search report.

Patent Filing Strategy

The extent of patent enforcement depends upon patent filing strategy adopted by the patent applicants. It is common for the patent applicants to initiate the patent filing process with a single national or domestic patent application, followed by international filings under Paris Convention or PCT International Phase. Thereafter, if PCT route is followed, the patent application can be filed in various designated countries under PCT National Phase.

Having a well-developed patent strategy provides multiple advantages to the patent owners, which also depends upon the patentability of the invention across different countries. Another crucial point is to ensure that the initial patent application is drafted properly to cover the scope fully by way of strong patent claims.

Law Office of Patent Attorney Rahul Dev offers high value software patent drafting and patent due diligence services to clients by using proprietary and efficiently proven process along with a fixed fee costs, for performing comprehensive patent investigations and providing clients with strong patent reports for decision making.

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 Patents, 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.

Patent valuation process includes overview of patent and valuation aspects followed by patent valuation approach. Overview of patent covers reviewing patent filing date, patent priority date, countries where patent has been granted, title and abstract of patent, along with scope of granted patent claims.

Patent Valuation Procedure

The patent valuation procedure covers the NPV (Net Present Value), Future Value Forecast, and, Financial Modelling to Estimate Cash Flows. The cash flows are estimated with discounting for patent contribution and discounting for patent risk assessment.

patent valuation india

Patent Risk Assessment

The risk assessment of a granted patent is aimed at analyzing the validity of granted patent claims, possibilities of design around patents, and potential risks associated with infringement lawsuits.

Patent Valuation Approach

The patent valuation approach covers different factors, like, the size of market, market share, annual growth rate, per unit price, profit margin, and feasibility of making the patented product.

Intellectual Property Assets

Intellectual Property (IP) is a crucial portion of a company’s assets. Today, a great portion of the assets of fortune 500 companies consists of intangible assets including intellectual property. A strong IP portfolio is instrumental for fundraising, leverage in business transactions, exit strategy (e.g. for startups), and business transactions such as mergers and acquisitions (M&A), to name a few. Intellectual property may consist of patents, trademarks, copyright, and trades secrets.

Patents are in many cases the most important portion, especially in the high tech and biotech industries. Since there are a large number of transactions in these areas, it is important to assess and estimate the value of a patent portfolio.

Market Potential of Patents

Patents have grown from more fancy and honorary pendants to all-out financial assets and they have created their own market. This is partly due to increasing abstraction of business moving from more tangible businesses and assets to more intangible ones. Abstraction of business started a long time ago. The more abstract a line of business, the more sophisticated the methods used to conduct that line of business, and the more profitable and scalable. However, this abstraction of value comes with some risk.

Valuation of Patents and Intellectual Property Assets from Rahul Dev

Application of Patent valuation

1. Valuation of the company’s intangible assets in cases of taking tax planning decisions. A company does not have to show their tangible assets, but also the intangible assets in the form of intellectual property for paying taxes.

2. Valuation of a company is often done in cases of mergers, joint ventures, and acquisition. A company invests more in the intangible assets, research and development activities, than the tangible assets. Therefore measuring the economic value of the intangible assets can determine the value of assets.

3. For the licensing and selling of the intellectual property and negotiating deals with the parties, the price of the patent or the intellectual property should be known.

4. In cases of patent infringement, quantification of the damages is done. The correct valuation of the patent would help a patentee to recover the damages from the other party.

5. The valuation of the patent is used as security for bank loans. Patent valuation is also used to attract venture capitalists and investors.

6. The patent valuation helps in making patent protection strategies. It helps an organization identify its weakness, like ownership issues, which can have an impact on the value of the intellectual property.

Patent valuation Methods

The patent valuation is done by different approaches. Two methods are basically used for patent valuation

1) Quantitative Approach – which uses numerical and economic data to measure the value of the intellectual property.

2) Qualitative Approach – where the analysis of the potential uses of the intellectual property is done. It deals with the opportunities and risk associated with the intellectual property of the company.

The methods used in qualitative approach are:

A. Cost method

This approach indicates that the patent’s value is the replacement cost, which is the amount that it would cost to replace the item. Simply put, it would be the amount it would cost to replace the invention.

B. Income method

The patent’s value will be the present value of the cash flow or cost savings that it will help provide. For example, let’s say a company patents a product. The reason for patenting the product is because the company is expecting to increase its capital based on the sale of that product, or may expect to save money based on the invention.

Therefore, that expected amount will be the value of the patent when using the income method. This method can be further divided into ‘profit contribution’ and ‘royalty.’ The profit contribution is the profit credited to a patent. The royalty is the income stream expected if a licensing agreement is entered into.

C. Market method

Using this method, you’ll need to determine what a potential buyer would pay for a similar product or service. Therefore, you can value your patent by looking at similar patents.

We conduct patent searches across various technology sectors including, Healthcare, Consumer Goods, Blockchain, Software, Mechanical, Electrical, Biology, Biotechnology, Mobile Apps, Medical Devices, Business Methods, Chemistry, Computing, Life Sciences, Telecommunications and Physical Sciences.

Law Office of Patent Attorney Rahul Dev offers high value software patent drafting and patent due diligence services to clients by using proprietary and efficiently proven process along with a fixed fee costs, for performing comprehensive patent investigations and providing clients with strong patent reports for decision making.

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 Patents, 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.

CHEMICAL STRUCTURE PATENT SEARCH

Chemical structure patent searches are conducted by scientists, chemistry patent attorneys, health-professionals, chemists, professionals in the pharmaceutical industry, in-house chemical lawyers and pharmaceutical attorneys.

Many chemical compounds which form subject matter of patent claims are available in the patentscope WIPO database. However, to search relevant patent results, a proper chemical structure patent search strategy should be formed. Researching accurate patent chemical compounds is a daunting task if the chemical structure patent search strategy is not in place. In this chemical structure patent article we will cover a list of checklists to be taken in consideration while performing chemistry based searches. The checklist will be helpful for chemical patent lawyers or pharmaceutical patent attorneys. Whether you are working on patent infringement suit involving chemical compounds or a patent  due diligence project for an acquisition, determining the true value of granted chemical patent will be helpful in the long run.  

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Chemical Structure Patent Search for a Molecule

Step 1: Identify key features of the technology based on the information provided.

Step 2: Identify the main independent claims of the granted patent.

Step 3: Identify alternative names of the main chemical compounds including trivial name, commercial name, IUPAC name or CAS name, the International NonProprietary Name, INN InchI, InchIkeys and  Smiles.

Step 4: Identify different spellings of chemical names.

Step 5: Chemical structure research can be carried out in WIPO(patentscope), ChemSpider and Surechembl.

Case Study Example: Chemical patent chemical compound search for mannitol

Alternative names and structure details for Mannitol

InChI: InChI=1S/C6H14O6/c7-1-3(9)5(11)6(12)4(10)2-8/h3-12H,1-2H2
InChiKey: FBPFZTCFMRRESA-UHFFFAOYSA-N
Molecular Formula: C6H14O6
Molecular Weight: 182.173 g/mol

SMILES: C(O)(C(O)CO)C(O)C(O)CO

Aridol, BRN 1721898, Bronchitol, C6-H14-O6, Cordycepic acid, D- mannitol, D-manitol, Diosmol, Hexanehexol, 1,2,3,4,5,6-, Invenex, Isotol, Maniton-S, Manna sugar, Mannazucker, Mannidex, Mannigen, Mannistol, Mannit, Mannite, Mannitol , Mannogem 2080,Marine Crystal, Osmitrol.

The following is a list of active players, inventors working in this research using mannitol

Countries
Name No
United States  9104
PCT  6202
Main IPC
Name No
A61K  10391
C07D  6776
A61P  3825
A01N  1996
C12N  1661
C07C  1349
C07H  1214
C07K  1074
C07F  754
C12Q  598
Main Inventor
Name No
McSwiggen James  230
Bagley David  150
Beigelman Leonid  146
MCSWIGGEN, James  132
QUAY, Steven, C.  87
VAISH, Narendra, K.  86
AHMADIAN, Mohammad  83
Hutchison Alan  74
Yuan Jun  70
Clough John M.  66
Main Applicant
Name No
MERCK & CO., INC.  382
Neurogen Corporation  304
Merck & Co., Inc.  278
ASTRAZENECA AB  272
SYNGENTA PARTICIPATIONS AG  241
NEUROGEN CORPORATION  218
Imperial Chemical Industries PLC  215
ASTRAZENECA UK LIMITED  213
Sirna Therapeutics, Inc.  191
MERCK SHARP & DOHME CORP.  181
Pub Date
Date No
2007 841
2008 973
2009 971
2010 921
2011 844
2012 734
2013 802
2014 947
2015 886
2016 751

You can search the patent chemical compounds using the above mentioned patent databases. The patent results can be narrowed down with other relevant keywords and/or IPC, CPC, USPC. If you are an independent chemical researcher searching by compound name will not be useful because related structural analogs will have unrelated names. Therefore to find results covering analogs of chemical compound, you need to perform a chemical structure search in patent databases.

Chemistry Patent Searches

We provide in-depth chemical structure patent search results in easy to use format to scientists, health-professionals, chemists, professionals in the pharmaceutical industry, in-house chemical lawyers and pharmaceutical attorneys. We research chemical molecule data by chemical structure searching. Our chemical structure patent report includes US patents, international patents applications and non-patent literature results. Our chemical structure research expertise includes research for following domains:

Small molecules, new chemical entities, pharmaceutical formulations and drug delivery technologies, crystalline forms, stereoisomers, organic molecules, inorganic molecules, peptide chemistry, biochemistry, Amino Acids, Casein or Caseinate Chlorine Compounds, Boron Nitride, Contact Means Analyzer, Custom Peptide Synthesis, Diazo Compounds, Diffusion Transfer Process, Ethanol Production, Ferrofluidics, Foam Panels, Glass Sheeting, Halogen Containing Product, Hydrocarbon Based Waxes, Hydrogen Fuel Cells, Hydrogen Reformer, Laminate Adhesive , Monoclonal Antibodies , Organic Chemistry Synthesis , Oxygen Analysis , PCB prototyping, Polymer Plates, Printing Related Chemicals, Refining Process, Silicon Carbide, Single Crystal Diamonds, Solid State NMR, Solvent Extraction, Spray Foam, Structural Adhesive, Surface Bonding Means, Synthesis Gas & Unvulcanized Casing.

Creating Patent Strategies

We provide insights into prior art in the domain of chemicals and pharmaceuticals along with white space to develop patent strategies. We assist clients in patent acquisition process by providing patent insights and during patent due diligence, we identify the important innovators in a technology sector.

We conduct patent searches across various technology sectors including, Healthcare, Consumer Goods, Blockchain, Software, Mechanical, Electrical, Biology, Biotechnology, Mobile Apps, Medical Devices, Business Methods, Chemistry, Computing, Life Sciences, Telecommunications and Physical Sciences.

Law Office of Patent Attorney Rahul Dev offers high value software patent drafting and patent due diligence services to clients by using proprietary and efficiently proven process along with a fixed fee costs, for performing comprehensive patent investigations and providing clients with strong patent reports for decision making.

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 Patents, 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.

The growth rate of Indian patent applications was highest in 2018. Patent filing in India is aimed at obtaining protection from the patent office. PCT patent filing in India can either an international phase application, or a national phase application. A PCT international application is received by the Indian patent office and forwarded to the World Intellectual Property Organization (WIPO), whereas a PCT national phase application is filed in India subsequent to a PCT international application.

Experienced patent attorneys provide efficient patent filing and patent prosecution services by analyzing the granted patents and patent prosecution history. This is also helpful in conducting patent infringement analysis, patent validity analysis or patent invalidation searches, and utilizing the patent infringement and patent validity analysis with business intelligence capabilities to provide effective patent strategies.

patent attorney in India

Inventors across the world plan to file international patent applications to protect their innovation across multiple countries. This can either be achieved by filing a conventional application within 12 months in India or by filing a PCT application with WIPO. The goal is to obtain best possible protection by filing patents.

Patent protection provides an exclusive right to the patent applicant to prevent others from making, using, or selling the patented subjected matter described in legal structure of the patent claims.

Protecting an idea requires protecting by patents, one or more important embodiments of the idea that are patentable. To be eligible for patent protection, the invention as defined by patent claims must be new or novel. By novelty we mean that the invention must not have been patented or described in a prior art publication previously, including both the patent and non-patent literature.

For an invention to be eligible for patent protection, the patent claims must describe an innovation that is capable of industrial application. Patent attorneys are hired to write the provisional patent application and non-provisional patent specification including formal set of patent claims. The provisional patent application provides a priority date for an invention that includes important aspects of the invention, which are drafted as set of formal patent claims at the time of filing non-provisional patent application.

Overview of Patent Laws and Patent Process in india from Rahul Dev

PCT patent application procedure begins by filing complete patent application in your home country, and then subsequently claiming the patent priority date to file an international phase PCT patent application.

Filing an international patent application under the Patent Cooperation Treaty comes with two phases and the national phase is one of the main patent phases of the PCT procedure followed worldwide. After filing a patent under international phase from the home country, the patent applicant can enter his patent application under national phase in one or more contracting states of the PCT treaty.

Time period for the patent applicant to enter national phase patent in India or regional phase patent application under PCT in India is 31 months from the first priority date of the application.

The international patent phase includes filing patent application before the WIPO, wherein a prior art search is conducted by the international searching authority, and a written opinion is issued by the searching examiner on novelty, inventive step and industrial applicability. Thereafter, the PCT patent application is published in the WIPO global database.

However, the international phase ends 30 months or 31 months depending upon the PCT member country from the earliest priority date of the patent application. The patent applicant must decide the PCT member countries where he wants to secure his patent rights according to the business goal and IP strategy. In the PCT member countries where the national phase is not entered by the patent applicant, the international patent application is considered withdrawn or abandoned.

The PCT National Phase Patent application in India is filed with a copy of Complete patent Specification which includes the following details:

If the Controller requires, a certified copy of the priority patent document has to be filed within 3 months from the date of communication by the Controller, of such requirement. If the priority document is in a language other than English, a verified English translation must be submitted before the Indian Patent Office.

What is the timeline to file PCT national phase patent in India from the International Patent Filing Date?

Time limit to enter India under National Phase under PCT is 31 months. The National Phase of a PCT Application in India is similar to the filing of a regional patent in India before the Indian Patent Office (IPO).

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.

“Efficient management without effective leadership is like straightening deck chairs on the Titanic” – from 7 Habits of Highly Effective People” by Stephen Covey

A key issue associated with legal practice includes lack of effectiveness. Most lawyers blindly follow any work that comes their way without having any plan or strategy in place.

patent attorney india

After spending years for running a law firm without any strategy, lawyers face various issues like lack of quality work, negligible work-life balance, low / delayed billing etc.

One way to prevent such issues is to understand the lifecycle of legal services by deriving insights from consulting firms like McKinsey & Co.

Providing legal services to clients require executing different projects, which may fall under any of the 3 categories, Brain Projects, Grey Hair Projects and Procedure Type Projects.

Brain projects require expertise when clients face a complex problem for which they will not compromise on lawyer’s fee. For eg., to protect Artificial Intelligence (AI) and Machine Learning (ML) based innovations that form core part of the business, clients will seek an expert patent attorney for drafting and filing patent applications.

Grey Hair projects require experience during high stake matters where expertise is still needed but clients focus on past experience to solve their problems. For eg., obtaining injunctions from court to prevent infringement of client’s patents and trademarks, on which client’s business is heavily dependent.

Procedure type projects require efficiency where clients face a routine or standard set of problems. Clients seek lawyers providing prompt services at low costs. For eg., keeping a track of grant patents and trademarks to pay renewal fee on time, or labour law compliance.

The key to build and grow a successful legal practice is to identify core strength and focus on achieving the right balance between different types of projects. It has to be understood that one cannot execute all types of projects at full scale successfully.

Article Source

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.

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BioSpectrum – Regulatory Challenges For APAC Businesses – Biotech in Asia Pacific

By 2020, according to Frost & Sullivan, healthcare expenditure in the APAC will increase 151 percent over 2010 figure, to $2927 billion at a compound annual growth rate of 9.2 percent. Factors such as increasing population, per capita income, prevalence of lifestyle diseases due to rapid urbanization, apart from cost ...
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Global Legal Post – Indian Patent Office Backlog

Global Legal Post Publication Before US visit, PM Modi announced to resolve one the most crucial issues daunting the Indian Patent Office, i.e. clearing the huge backlog. Originally published here. Full Article: 1,000 backlog beaters for Indian patent office Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is ...
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Swissinfo – Novartis Patent Case – Indacaterol – Onbrez Delhi High Court Judgement

Swissinfo is Swiss Government's International Publication Service managed by Swiss Broadcasting Corporation (SBC). Originally published here. Views on Delhi High Court's ruling in Novartis patent dispute: "the ruling is totally in line with existing laws, rules and judicial precedents. For example, the Indian patents act provides provisions for revocation of ...
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Economic Times – FinTech Patents – Finance Technology Innovations Implemented Over Digital Platforms

Views published in Economic Times: FreeCharge's patent filing for alternative to OTP a wake up call for other companies Originally published here. FreeCharge files patent for technology claiming secure features for online transactions that provide alternative to the SMS based one-time-password (OTP) Freecharge’s Technology named 'On The Go Pin' makes ...
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Drafting & Filing Patent in India – Insights by Patent Attorney

Patent Drafting | Writing Patent Application As it is well known, inventions are created and protected under patent rights and a strongly drafted patent application determines the potential of an invention. The patent process includes various steps, including, prior art patent search, patentability analysis, drafting and filing provisional patent application, ...
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Patent Filing Strategy for Financial Technology (FinTech) Product for eCommerce- Protecting Intellectual Property (IP) Framework

Client – Financial Technology (FinTech) Company Product – Technology Providing Secure Platform for eCommerce Transactions Originally published here. Business Goal – Protecting Intellectual Property (IP) Framework During Pre-Launch Traction Solution – Firstly, once the client engaged our law firm, we identified multiple business partners across different positions in value chain ...
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fintech patent attorney

Patent Protection of Mobile [Smartphone] Applications – Android, Apple, Microsoft & Blackberry Apps

Mobile applications, which are commonly referred to as mobile apps, are generally available for download at various app stores. Commercially, selling mobile apps is a highly profitable business model as developers can offer apps to multiple markets. Originally published here. Commercial success of mobile applications has resulted in an increasing ...
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