Patent Business Lawyer in Asia

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

Mobile based payments using smartphone applications and handheld devices has resulted in a striving competition between financial institutions (banks), technology corporations (Apple, Google, Samsung) and startups (PayPal, PayTM, MobiKwik). Consequently, number of patents filed in FinTech sector have increased exponentially across the globe indicating strong propagation of innovative FinTech solutions worldwide.

patent lawyer india USPTO Malaysia

As per views of FinTech patent experts, patent attorneys, corporate law firms and technology lawyers, extensive investment has been done in the research and development (R&D) to bring new technology and products to the market across the globe. FinTech patents have been filed in aplenty by both tech startups and conventional financial institutions (financial service firms, banks etc.).

Launch of new and innovative smartphone applications (mobile apps) in financial technology sector indicates a dynamic shift in consumer behavior while availing financial services across broad range of sectors, such as, for example, banking, investment management, insurance, lending, digital and mobile payments, capital markets, credit risk assessment, financial advisory, accounting, taxation etc.

Analysis of FinTech patent landscape reveals that major patent filers are from US, China, UK and Europe, while leading patent players include traditional financial institutions like Visa, Mastercard, Bank of America, Barclays, Vodafone etc, and technology companies like Facebook, Apple and Google.

After reviewing relevant patent classifications, it can be determined that most of the innovations for which FinTech patents are filed include customer identity verification, biometrics, digital currencies, cryptocurrency, mobile applications, mobile apps, mobile platform, cloud computing, blockchain, Internet of things (IoT), artificial intelligence (AI), big data, P2P transfer, mobile wallets, and the like.

What are Blockchain and Bitcoin?

Blockchain is world’s leading software platform for digital assets that includes a decentralized digital database to facilitate secure online transactions. Multiple legal issues can impact the Blockchain technology at present and in near future. With regards to cryptocurrencies like bitcoins, Blockchain provides a safe digital ledger for the bitcoin network. Hence, bitcoin can be termed as a digital currency (cryptocurrency) experiment resulting from Blockchain innovation. In May 2017, bitcoin surged to record high of $2900.

In coming years, majority of banks and financial institutions will use Blockchain technology for commercial contracts and transactions. For example, Dubai Blockchain Strategy aims to establish a roadmap for issuing all government documents on Blockchain by 2020.

This has led to inception of another term, “Internet of Agreements”, which implies use of technology to deliver machine-to-machine handling of agreements for international business transactions. Accordingly, Blockchain is bound to impact technology solutions for banks, insurance companies and financial corporations.

Bitcoin Laws – Role of Bitcoin Lawyer

Bitcoin’s evolution from Blockchain technology has resulted in certain laws and regulations, however, case laws and regulations for virtual currency (digital currency) are emerging with time as no fixed laws exist at present. Consequently, entrepreneurs, fintech startups and businesses have to focus on compliance, money laundering regulations, etc.

Blockchain Laws – Role of Blockchain Lawyer

Applications can be used to determine ownership, chain of transactions, authentication, identity validation, digital evidence and discovery. Accordingly, multiple legal issues can arise pertaining to data security, criminal activity, prevention of theft, black marketing, malware, money laundering, data privacy, protection and infringement of intellectual property rights, including, software patents, mobile app patents, hardware patents, bitcoin patents, fintech patents, Blockchain patents, copyrights, trademarks and design patents.

What is a patent?

Patent is a legal right granted by government for an invention. The patent rights are granted to inventors and applicants for 20 years from the date of the filing of first patent application. The right granted to patent owners is a negative right, which implies that the patent owner has the exclusive right to prevent patent infringement, i.e. to stop third parties from making, using, selling, offering for sale and/or importing any product or technology protected by the claims of the patent.

What are patent claims?

A patent application includes multiple elements, and patent claims form the heart of the patent invention as legal protection is granted for features included in the patent claims. Generally, patent claims are drafted by experienced patent attorney to describe the invention being protected. To ensure that patents are registered after passing the legal eligibility test of patentability, patent attorneys ensure that the claims are drafted in a manner such as to describe an invention that is new, useful and non-obvious in view of the “prior art”, wherein prior art refers to all the public knowledge and inventions that existed before the filing date of the patent application.

What does a patent protect?

A patent protects the functionality of an invention, which is extremely crucial in case of technology solutions embodied over Internet by way of handheld devices, such as, smartphones and tablets. In case of mobile app patents, execution of novel applications across the communication network can be protected by way of patents by focusing on a combination of software and hardware implemented aspects of the invention, which are written in the requisite details in the patent description along with a strong set of patent claims drafted thoroughly by the patent lawyer.

Why are patents important for technology companies?

Patents form a valuable component of a company’s intangible assets and investors consider patents as true strength of innovative technology companies. Patents signify that companies have strong and defensible business model that cannot be easily replicated by the competitors. A proactive and well formulated patent strategy results in robust investment prospects for early stage technology companies and tech startups.

Journey of my blog from LinkedIn to 30+ news portals

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

Flagship Speaking Engagements

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

Featured Publications

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

Summary:

Inventors and small business owners have always found the patent strategy a complicated maze for navigation, and patent attorney Rahul Dev has recently launched an innovative intellectual property creation program to address such needs. Not only this program is cost-effective, his decade long experience as patent attorney and technology business lawyer has proven to be an invaluable asset during development of this program aimed at innovative companies worldwide.

Rahul Dev, patent attorney and corporate lawyer, has launched a new small business program, called ITPAS (Ideas to Patents and Strategy), which will seek to expedite the process of creating valuable patents with a view to add value to a company’s intangible assets. The idea is to get global inventors and innovative business owners to define the title and ownership of creative business models, which can further be patented across multiple jurisdictions (US, Europe, Asia Pacific), subject to the patent eligibility criteria.

This would mean lesser chances of disputes between Startup CoFounders in cases one or more founders decide to leave the venture midway. ITPAS would create a means to sidestep the often long and complicated process of defining and claiming intellectual property ownership.

“It is a strategic patent creation program intended to really eliminate the friction of the possible conflicts relating to patent ownership,” explained Patent Attorney Rahul Dev in an interview. “So the typical patent process for small businesses and individual inventors is challenging, exact patent scope and rights of ownership are difficult to identify for both clients and patent lawyers. Clients tend to start out really high believing their innovative products will disrupt the market and patent lawyers tend to start out really low citing complicated procedure to obtain patent rights, and negotiations can take months instead of weeks.”

Dev further explained, “So what this program really does is instead of filing full-fledged patent applications right away, clients are counselled to first define their inventions in a proprietary format provided to them, which is subsequently vetted to determine the most valuable and innovative features. Thereafter, such features are protected by way of an initial level IP protection, including provisional patent applications, copyrights, trademarks and design patents. This helps in saving costs and in certain cases, strong contracts and agreements are drafted to ensure protection via trade secret.”

“Future plans include actively growing the patent consulting portfolio,” Dev said. It is part of the broader efforts to grow the patent consulting practice beyond Asia growing forward and expand the business in US and Europe.” In past, Rahul Dev has handled multiple issues regarding false defamation on social media (Facebook, LinkedIn and Twitter), and while this isn’t directly related, you can likely bet his experience in getting defamatory content removed promptly by closely communicating with legal cells of tech companies is helping this aggressive new IP creation strategy.

Media coverage: 247 News, DNews, Daily News Tech, New York Time Magazine, PR Press, Daily Media, PR Wire

Internet of Things (IoT) Patent Attorney: Software Patent FAQs:

General Patent FAQs:

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

Flagship Speaking Engagements

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

Featured Publications

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

Tech Corp Legal – Indian Law Firm

Tech Corp Legal LLP is an international law firm specialised in business and technology law providing patent drafting (software patent drafting, mobile app patent drafting, patent drafting for computer related inventions), searching, filing and PCT national phase services along with trademark and other aspects of Intellectual Property Rights in addition to corporate law practice governing cross-border M&A transactions, technology licensing, agreements and contracts.

Patent Protection for Software and Mobile Applications (Apps) – FAQs

software-patents-in-india

 

How are software patents granted in India?

Originally published here.

Software patents are granted in India if the computer related inventions pass the patent eligibility test. Software patents are granted by the Indian patent office for inventions that are novel, inventive, and are capable of industrial application. Software patents comprising innovative processes combined with hardware aspects can be registered under Indian patent laws.

For the purposes of patent registration in India, the process / method claims of software patents should be drafted in combination with apparatus / system claims including hardware features, which should not be a general hardware, such as a computer, or a mobile device. In addition, the system / apparatus claims should be limited by novel aspects of the corresponding methods or processes. More details on software patents in India can be found here. Other FAQs on software patents can be seen here.

Does Indian patent law allow software patents?

Yes, software / computer related innovations can be protected under patent rights as provided by the Indian patent laws. However, according to section 3(k) of the Indian Patents Act, mathematical formulae, business methods, and computer programs per se, are treated as non-patentable inventions.

Accordingly, computer related inventions, or CRIs, including mobile applications and software patents, can be protected in India by way of novel and inventive combination of innovative processes / method claims embodied via hardware, wherein the combination or hardware and software should be capable of industrial application, as defined in the patent law. More details on software patents in India can be found here. Other FAQs on software patents can be seen here.

How to apply for software patent in India?

The first step to apply for software patents in India is to determine whether the software based innovation is eligible for patent protection or not. The patent eligibility, or patentability, is determined by conducting a patent prior art search, which covers patent and non-patent literature to determine the novelty and inventive step (non-obviousness) of the proposed invention.

Another important step is to determine if the proposed invention falls under the category of the non-patentable inventions, which is specified under Section 3(k) of the Indian patents act. As per Indian patent laws, software / mobile apps fall under the category of computer related inventions (CRIs), which have to drafted in a particular manner to pass the patent eligibility test.

Therefore, once a software patent is drafted, the same can be applied to Indian patent office by following the patent e-filing process, or the physical filing, under the guidance of an Indian patent attorney or a patent law firm with expertise in patents. More details on software patents in India can be found here. Other FAQs on software patents can be seen here.

How to patent a software in India?

Indian patent laws don’t specifically provide patent protection for computer programs per se, but computer related inventions (CRIs) can be protected under the Patents Act, including software and mobile applications. Software owners and publishers can protect intellectual property rights by combined protection of software patents and software copyright. Copyright protection is aimed at protecting software source code, while patent protection is aimed at protecting technical aspects of the software and mobile applications, which should satisfy the patent eligibility criteria as specified under the provisions of the Indian patent laws. More details on software patents in India can be found here. Other FAQs on software patents can be seen here.

How to patent a mobile application in India?

Mobile applications can be patented by filing one or more patent applications with the Indian patent office corresponding to one or more innovative features of the mobile application. The Indian Patents Act state that one patent application should relate to a single invention only.

Accordingly, innovative aspects of the mobile app can be patented by drafting patent claims covering the corresponding hardware and software features, by way of system / apparatus claims and method / process claims. While drafting patent claims for mobile app based innovations, utmost care must be given to highlight novel aspects to connect the hardware elements with each other, wherein each element shall be limited in accordance with its functionality as described in method claims. More details on software patents in India can be found here. Other FAQs on software patents can be seen here.

What are the examples of software patents in India?

Technology companies like Microsoft have been filing patents in India regularly and most of such patent pertain to the category of software patents. While patents cannot be obtained in India for computer program per se, software and mobile applications can be protected in India by claiming combination of novel aspects of hardware and software, by way of system and method claims.

Examples of software patents in India may be seen here.

As may be concluded from above, the Indian patent office grants patent for software and mobile apps, which fall under the category of computer related inventions (CRIs), as method claims describing hardware features, which are further limited by their respective functionality as specified in the method claims. More details on software patents in India can be found here. Other FAQs on software patents can be seen here.

Written by:

Rahul Dev,

International Technology Business Lawyer | Member – Delhi High Court Bar Association (DHCBA)  

Partner and Patent Attorney, Tech Corp Legal LLP  (Tech Corp Group), an international law firm specialised in business and technology laws providing patent drafting (software patent drafting, mobile app patent drafting, patent drafting for computer related inventions), searching, filing and PCT national phase services along with trademark and other aspects of Intellectual Property Rights in addition to corporate law practice governing cross-border M&A transactions, technology licensing, agreements and contracts.

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This case study is about IP services provided to a client in the domain of cloud telephony. Specifically, the cloud telephony company developed an innovative technology product and this case study provides a reference for patent attorneys and intellectual property law firms worldwide.

Oroginally published here.

Cloud Telephony Product – Innovative Technology

The innovative technology product is aimed at offering cloud telephony solutions to users for performing secure transactions via mobile devices.

mobile app software patents

Task – IP Protection

Client wanted to protect overall intellectual property (IP) associated with the innovative product, including the technology powering the product, corresponding product and / or service embodiments, and related aspects of intellectual property rights (IPR).

Patent Portfolio – Creation and Development

The first step executed was to create a patent portfolio by drafting and filing multiple patent applications covering different embodiments of the innovative product. The aim of creating patent portfolio was to add value to the company’s intangible assets by developing the patent portfolio into an asset with global execution potential by way of patent licensing and patent assignment.

 

The patent portfolio included patent applications having claims protecting broad level scope to cover overall technology and corresponding aspects embodied over the wireless network. For example, the parent patent application claimed features to connect users of the product in a secure environment.

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Cloud Telephony Patent – Case Study – Patent Strategy for International Patent Filings and Global Brand Protection via Trademarks from Rahul Dev

Patent Filing vs. Product Launch

Considering the fact that the innovative technology could be applied across multiple industry sectors, parent patent application was filed well ahead of the product launch date and subsequent patent applications were filed in a timely manner in-sync with the subsequent versions and features of the technology product.

Patent Strategy

An accelerated patent strategy was formulated for the client with a view to achieve timely and enforceable patent protection across multiple jurisdictions based on the business interests of the client. Consequently, a strong patent portfolio was created and developed across different countries by way of international patent filings (PCT International Phase Patent Filing, PCT National Phase Patent Filing, Paris Convention). By taking advantage of the patent cooperation treaty (PCT) as per the WIPO (World Intellectual Property Organisation), patent filing procedure across different patent offices was streamlined by bringing together a strong network of international patent attorneys to work on the project.

Brand Protection – Trademark Registrations

In addition to patent protection, multiple brands associated with the product were protected by filing applications for domestic and international trademark trademark registrations. International brand protection was achieved by way of Madrid system, which includes Madrid Protocol, which is related to Madrid Agreement, an international treaty to facilitate international registration of trademarks and management of trademark applications.

Conclusion

Therefore, as may be seen, different aspects of intellectual property rights can be protected by collectively filing multiple patent and trademark applications, both domestically and internationally.

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

[slideshare id=nBPIaLwdPRD8AB&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

Patent Basics and Intellectual Property Rights from Rahul Dev

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IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

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How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

Startup deals across various business and technology sectors are exposed to legal and regulatory landscape at various levels. Venture capital is constantly powering private equity investments through venture funding by VC firms and angel investments by angel investors.

startup business corporate lawyer attorney india gurgaon delhi

Indian government under the leadership of PM Modi has announced Startup India Action Plan and Policy, which includes multiple tax incentives, RBI incentives, incentives for ease of doing business in India, Intellectual Property Rights Incentives to file patents and trademarks via IP Facilitators etc.

Originally published here.

A crucial step for startup includes incorporation of the legal entity in India for doing business. Structuring of a startup business can follow different models, including, global business led by intellectual property, investments by promoters outside India, conducting business using offshore company in India, etc.

Most preferred legal entity for doing business in India is a private limited company, which can be incorporated under the provisions of the Companies Act, 2013. Startups can select between a private company that requires at least two directors or a one person company (OPC), which requires one director. Once a company is incorporated, post incorporation steps are required as guided by a chartered accountant (CA) and a corporate lawyer.

If business includes providing services to consumers, limited liability partnership (LLP) can be incorporated having two or more partners, who can be individuals or corporate entities.

While doing business, startup needs to execute various legal agreements and contracts, including, confidentiality & non-disclosure agreement (NDA), offer letter, employment agreements, non-competition agreements, non-solicitation agreements, intellectual property (IP) assignment agreements, employee stock options (ESOPs) plans, investment agreements, shareholder agreements, founders agreement, term sheet, and advisor agreements.

For startups conducting online business using internet, websites and mobile apps, additional measures are required for risk management, including IT Act Compliance, Content Regulation, Online Payment Gateways etc.

Startups leveraging intellectual property can secure corresponding IP rights (IPR) by way of filing patents, trademarks, copyrights and industrial designs in India and abroad under various mechanisms as allowed by WIPO, such as, the patent cooperation treaty (PCT), Madrid Protocol etc.

Lawyers with expertise in corporate law keep a track of startup developments worldwide along with niche across different technology sectors, including, but not limited to, Enterprise Infrastructure, Enterprise Applications, Internet of Things (IoT), Wearable Technology, Smart Homes, Smart Cars, Smart Cities, Semiconductors, 3D Printing, Consumer Robotics, Industrial Robotics, Drones, Virtual Reality (VR), Augmented Reality (AR), Space Technology, Artificial Intelligence (AI), Advanced Materials, Chatbots, Display Technology, Marketplaces, Hyperlocal Delivery startups, Food Tech, Auto Tech, Online Travel, Logistics tech, Real Estate Tech, Online Retail, eCommerce, Online Grocery, Mobile Commerce, FinTech (Financial Technology), Mobile Communication, Online Dating, Matchmaking, Sports Tech, Wedding Tech, Mobile Gaming, Fashion Tech, Mobile Apps, Social Networking, Social Platforms, Big Data, Mobile Payments, Mobile Advertising, Payments, Crowdfunding, Bitcoin, Finance & Accounting, AdTech, HealthTech, Mobile Health, Telemedicine, Fitness & Wellness, Healthcare Information Technology (IT), Healthcare Analytics, Biotech, Pharma, Life Sciences, Medical Devices, Energy, CleanTech, Telecom and SaaS (Software as a Service).

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

[slideshare id=nBPIaLwdPRD8AB&w=425&h=355&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;&sc=no]

Patent Basics and Intellectual Property Rights from Rahul Dev

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IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

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How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

Originally published here and here.

Startup India refers to action plan announced by PM Modi that defines “Startup” & introduces recognition procedure for startups in India.

As may be seen, the startup India action plan introduces constitution of Inter-Ministerial Board along with a new category of white industries. The action plan as introduced by government of India provides provisions for self-certification of startups for Labour Laws Compliance along with relaxed norms of Public Procurement for startups.

startup india certification government modi policy law rules incubator

Startup India Action plan is aimed at providing tax exemption for startups on investments above Fair Market Value (FMV). The action plan introduced by government of India also includes ‘Atal Tinkering Laboratories’ under Atal Innovation Mission, ‘Atal Incubation Centres’, and Atal Innovation Mission National Initiative on Developing and Harnessing Innovation (NIDHI).

For facilitating filing of patents and trademarks in India, the government of India under Startup India Action Plans has proposed legal support and fast-tracking patent examination at lower costs scheme under Start-Ups Intellectual Property Protection (SIPP), which also includes a provision for IP facilitators.

The SIPP is aimed at making IP Protection strategy imperative for Startups in India by promoting awareness and adoption of Intellectual Property Rights (Patents, Trademarks, Designs) and also provide startups with access to high quality IP Services and Resources by way of IP Facilitators.
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Patent and Trademark Filing in India Under Startup India Action Plan – Guidelines for IP Facilitators – Scheme for Facilitating Startups Intellectual Property Protection – SIPP from Rahul Dev

To avail these benefits, Start-Ups are required to be certified by Start-up Certification Board as having an innovative business with a legal entity incorporated or registered in India not prior to five years. Additional conditions include an annual turnover not exceeding INR 25 Crores in any preceding financial year. All the benefits shall be available to the eligible startups after obtaining Certificate from Start-up Certification Board.

IP Facilitators

IP Facilitators are empanelled by the Controller General of Patent, Trademark and Design (CGPDTM) and eligibility criteria includes, Patent Agents registered with CGPDTM, Trademark Agents registered with CGPDTM, and Advocates entitled to practice law under The Advocates Act, 1961. In addition, government departments/ organizations/ agencies like TIFAC, NRDC, BIRAC, DEITY, DSIR can also act as IP Facilitators.

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

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Patent Basics and Intellectual Property Rights from Rahul Dev

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IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

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How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

Publication in AutoTech Review – India’s First and Only Automotive Magazine that Speaks the Language of Technology

Details: CONNECTED CARS & IOT – EMERGING TRENDS AND PREDICTIONS

Originally published here.

internet of things iot patent attorney devices sensors data analytics

Tesla and Apple

Tesla founder Elon Musk recently confirmed that he believes Apple is working on producing a car, during an interview with the BBC. So when Elon, who commands greatest authority in electric car industry confirms that technology giant like Apple is working towards building a car, it seems likely that we might see innovative vehicles strapped with Apple logos running on roads in near future.

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Internet of Things (IoT) and Connected Cars – Patent Landscape Highlighting Technology Laws from Rahul Dev

Elon’s predictions may not be true, but one cannot ignore the possibility of path-breaking innovations revamping the automobile industry in coming years. We have already experienced testing of driverless cars by Google. However, autonomous cars becoming mainstream is still a distant reality due to various challenges. At the same time, present day innovations are providing excellent solutions relating to in-car entertainment and communication technologies.

Technology Trends

Technology trends and predictions are best analyzed by reviewing the patents filed by companies across the globe. Patent offices worldwide usually publish the patent applications after filing (pre-grant publications) and subsequently after the patents are granted. This can provide insights regarding future technology trends as filing patents is essential to ensure that R&D activities are duly protected from being copied and innovators get appropriate royalties for their research and development efforts.

In automobile sector, vehicle infotainment and digital dashboards are generating enormous revenues due to the constant need of people to feel connected. Innovations implemented within the interiors of car make people feel connected with their vehicles. A leading example of such innovation is justDrive by Jaguar Land Rover, which turns apps and services from smartphone into a voice-activated experience. This allows the driver to bypass the struggle of searching through multiple apps as justDrive can seamlessly search the apps, and perform other tasks such as sending a text or tweet through natural speech, or playing a desired song.

Jaguar Patent

Jaguar has filed a patent with the US patent office (USPTO) titled “Touch System And Method” that describes a multi-user touch system and a method of controlling a touch system. A general analysis of international patents filed in the classification pertaining to touch panels meant for vehicles reveals some of the major players as illustrated in the chart. This list is not exhaustive but provides an overview of companies who have been actively filing patents in this space.

Patent Licensing

It is common for major companies to cross-license their respective patents and technology to each other, which allows each of them to use other’s patents at reasonable terms. Cross-licensing of patents is common in other sectors as well. For example, in case of smartphones, Apple and Microsoft executed patent cross license agreements that allowed both companies to benefit from their combined research and development efforts. Similar agreement was executed between Google and Samsung.

Apple and Google

Digital innovations by the likes of Apple (CarPlay) and Google (Android Auto) are yet to gain traction but once that happens, smartphones will act as bridging tools to revolutionize automobiles. Moreover, subsequent innovations could potentially eliminate the need of smartphones considering the need of users to expect better capabilities from the dashboard.

Considering Apple’s strong position as technology leader in market, interesting applications and devices are expected from Apple in addition to CarPlay. In 2015, Apple was granted a patent by the USPTO pertaining to “Accessing A Vehicle Using Portable Devices”, which discloses a primary portable device that can access a vehicle by transmitting an activation message including a vehicle access credential to the vehicle. As disclosed therein, the primary portable device can additionally enable a secondary portable device to access the vehicle by transmitting the vehicle access credential to the secondary portable device. In use, the connections between the primary portable device, secondary portable device, and vehicle can be based on a short-range wireless protocol, such as Bluetooth or Bluetooth LE.

Further reading of this patent reveals that a wide variety of portable devices can embody this technology, as the portable devices include a wireless interface, such as a laptop computer, a tablet device, a key fob, a car key, an access card, a multi-function device, a mobile phone, a portable gaming device, a portable multimedia player, a portable music player, a personal digital assistant (PDA), a household device, and/or any portable or non-portable electronic or electro-mechanical device and/or the like. Apple further specifies that exemplary portable devices can be an iPod®, iPhone®, or iPad® device available from Apple Inc. of Cupertino, Calif.

Technology Integration and Product Lifecycle

One potential challenge that automakers and technology companies can face is to integrate technology with product lifecycle and consumer’s buying cycle. For example, in-vehicle entertainment will require constant addition to new content, and such new content will need regular software updates for seamless user experience. Bugs can spoil the consumer’s interest and hence automakers would need to be more proactive in recalling faulty vehicles or providing software improvements. To achieve this, companies will further need strong back-office operations and optimization of supply chain, so that novel driving centric services can be rolled out in a timely manner, thereby providing better monetization schemes for the companies.

To ensure that the connected cars match the needs of all users, companies are aggressively integrating design, research and manufacturing efforts with customer experience, branding and marketing. Dealer network is also in integral component of overall experience that has to be taken in the loop to provide better experience to the consumers.

With the ever-increasing smartphone penetration, consumer behavior has undergone rapid changes and it is not just about buying a vehicle anymore. Consumers foresee car buying as an experience and companies are quick to adapt to changing trends. In past, interaction of potential buyers with vehicles was limited to test drives, which now begins months or sometimes years in advance.

Consumers begin the car-buying process by doing online research and speaking to dealers, which gets a boost through technologies such as augmented and virtual reality. This can provide consumers with a real life look and feel of the entire experience of owning a vehicle of their choice. With more consumer devices such as smart-watch, wearable gadgets and virtual reality gears, this trend will become mainstream globally. Consequently, automakers who used to focus on B2B aspects by catering to the needs of the dealers, will divert their attention to B2C aspects as well because the consumer is at the forefront of new age car-buying experience.

Internet of Things (IoT)

Internet of things (IoT) is a term that is used to refer to everyday consumer devices and how these devices communicate with each other and the users via the Internet. Future automobile cockpits will be designed using technology and IoT landscape as communication will become primary requirement of the consumers.

Innovations in IoT will provide significant push to automobile sector as connected cars possessing multiple features are expected to contribute majorly to upcoming technology trends. Such innovations will include consumer-oriented embedded devices such as infotainment, telematics, and digital cluster systems, along with safety and navigation features. Automakers have realized that IoT is capable of pushing automotive systems to become more connected within and outside of the car through the use of software.

In addition to the above, it would be correct to predict that innovations in automobile sector will drive research and development in other sectors, such as aerospace and defense, and vice versa. Innovations across embedded software combined with rich technology expertise will showcase an intersection of these diverse industries, each of which may be driven to extreme heights due to IoT transformation.

An ideal cockpit of a future automobile exploiting IoT innovations would be packaged with essential elements including, an integrated connectivity framework for extending user experience to the IoT devices and landscape, including the cloud; firmware and software management modules that are capable of managing and updating software in real-time; a flexible platform to allow functioning of various services; and, long term support to allow for extensibility over time with evolving IoT developments. It would be needless to state that such systems will have inbuilt security for safe data handling throughout the entire process beginning from the boot up.

Personalised Experience

Another trend that would be commonly observed will be the convergence of other technology areas with cars. For example, users who are savvy about new age innovations in the field of home automation and health wearables would prefer cars with similar capabilities. This would mean connected cars will have data processing capabilities so as to provide a coherent experience to users by connecting smoothly with such gadgets, thereby improving overall IoT landscape. In near future, consumers will expect much more from their vehicles once driverless vehicles are offered to them, including more focus on car safety, creating a more personalized experience behind the wheel, and in-vehicle productivity. Yes, eventually consumers will take work on the road, as a realistically viable option once there exists logical and practical partnerships between connected cars and the automotive, consumer, and enterprise markets.

To concluded, it wouldn’t be wrong to state that cars will be evolved sooner that expected and users would be able to communicate with cars uniformly via wearable devices, smartphones, mobile apps, and the like. It would be normal routine for a user to set navigation, lock doors, turn on the heat, flash the lights, or sound the horn through the wearable or the smartphone and its compatible app.

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

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Patent Basics and Intellectual Property Rights from Rahul Dev

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IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

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How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

Future of connectivity relies heavily upon 5G technology and companies including Nokia, Huawei and Ericsson are getting ready to prepare themselves for next generation mobile technology.

Originally published here.

5g bluetooth low energy internet of things iot patent attorney mobile app software patents india

While essential technologies are covered under SEPs (Standard Essential Patents) and FRAND (Fair, Reasonable and Non Discriminatory Licensing Terms), there’s still big rewards for original patent holders who own core technology that will power next generation mobile connectivity.

Recently Apple and Ericsson signed a collaborative agreement to work together and develop 5G technology, which included understanding to end lawsuits across US and Europe. As per deal, Ericsson will allow Apple to use its standard essential patents. The collaboration will expand to various technology areas, including 5G development, wireless network optimization and network traffic management.

Qualcomm has already released its 5G vision to expand mobile technology by 2020. Qualcomm envisions 5G as disruptive mobile technology that can enable new services, connect new industries and empower new user experiences. the fifth generation mobile technology, i.e. 5G and corresponding patents are aimed at providing a new kind of network along with a unified platform to connect consumer devices, smart homes, connected cars, medical innovations, health tech, wearable devices, fitness gadgets, automated manufacturing devices, and the like, which can collectively be termed as Internet of Things (IoT).

Along with massive network of IoT, enhanced mobile broadband will power the next generation of mobile technology to provide immersive experience and hyper connectivity. at the same time, IoT innovations will enable users to connect virtually anything, anywhere using efficient low-cost communication innovations.

However, companies working on 5G technology innovations by filing multiple patents will also leverage upon 4G and Wi-Fi investments simultaneously. Seamless integration of 5G shall require significant improvements over 4G and full exploitation of 4G to its maximum potential.

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

Flagship Speaking Engagements

Patent Forum (Munich, Germany) | News Channel | ASSOCHAM | FICCI | Brand Licensing India | BioEnergy International

Featured Publications

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

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

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Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

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Patent Basics and Intellectual Property Rights from Rahul Dev

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IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

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How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

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BioSpectrum Asia – Debate over compulsory licensing of Bayer’s Nexavar 

Originally published here.

compulsory patent licensing india

Full Article: India allows compulsory licensing of Bayer’s Nexavar

In March 2012, the Indian Patent office granted first compulsory license to NATCO pharma to make anti-cancer drug sorafenib for the India market. However, the compulsory license is subject to certain conditions, such as maintaining account of sales, and payment of royalty at six percent of the net sales on a quarterly basis to Bayer. The order also makes it obligatory for NATCO to supply the drug free-of-cost to at least 600 needy and deserving patients per year.

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

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Contact Mode: LinkedIn or directly message here

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Patent Basics and Intellectual Property Rights from Rahul Dev

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IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

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How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

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Views published in Economic Times regarding Monsanto’s patent rejection order passed by Intellectual Property Appellate Board (IPAB).

Full Article – Monsanto’s Cimate-resilient Crop Patent Claims Rejected

Full copy of IPAB Order.

Originally published here.

biotech plant seed patent india

Monsanto filed patent application No.2407/DEL/NP/2006 on 01/05/2006. The patent office examined the claimed subject matter and raised objections on various grounds specified under Section 3 of the patents act. Monsanto responded to objections and presented its case during personal hearings but patent office rejected the patent. Monsanto then filed appeal before IPAB, which again did not went in its favor.

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

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View our presentations here.

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Contact Mode: LinkedIn or directly message here

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This is not a legal advice: Disclaimer, Non-Solicitation & Liability

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Patent Basics and Intellectual Property Rights from Rahul Dev

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IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

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How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

Full Article: Patent Opposition in India: Recent Trends

Overview of patent opposition in India, the two-stage patent opposition process and how it affects the industry, as the patent applicants are now vulnerable to multiple pre-grant oppositions filed by competitors, or even by a single competitor, since there is nothing to stop a party which has filed a pre-grant opposition from subsequently filing an opposition once the patent has been granted.

Originally published here.

pre grant post grant patent opposition lawyer attorney law firm

As a result, it is not uncommon that continuous and repeated opposition proceedings have been launched against the same patent application. The resulting delays are a major cause of concern for the patent applicant, as the patent term begins to run from the date of filing of the application. This wave of opposition proceedings is also adding to the backlog of patent prosecutions at the Indian Patent Office. Given that revocation and litigation are also available options to challenge a patent, the delay in grant may be regarded as bias against the patentee.

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

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Patent Basics and Intellectual Property Rights from Rahul Dev

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IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

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How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

Asia Pacific – Regional Forum News – Newsletter of the International Bar Association Legal Practice Division

Full Copy of Publication: Local working requirements and enforceability of patents: an Indian perspective of challenges and opportunities surrounding a granted patent

This article provides a basic overview regarding local working requirements of granted patents in India in light of recent developments, and a brief analysis of enforceability of patents in India.

Originally published here.

patent enforcement lawyer attorney india

Generally, “Local Working” refers to the conditions imposed by some countries on patentees that their patented product or process must be used or produced in the patent granting country. It is also known as commercial working (or exploitation) of a patent in a country.

With regards to the enforceability of patents in India, it is crucial to note that since the advent of a pharmaceutical patent regime in 2005, the number of patent litigations in India has witnessed a rapid increment. However, courts have yet not received a level wherein the correct standards for the grant (or non grant) of an injunction or a restraining order may be determined. 

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

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To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

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This is not a legal advice: Disclaimer, Non-Solicitation & Liability

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Patent Basics and Intellectual Property Rights from Rahul Dev

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IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

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How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

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 factors, are aiding growth. However, the opportunities come with a set of challenges, some of which are unique to the region. The APAC is characterized by diverse therapeutic segments, different and complex regulatory laws and a fragmented market, and the global economic crisis has added a new layer of complexity to the already challenging environment.

Originally published here.

patent attorney asia china india malaysia singapore

BioSpectrum identifies 10 challenges that are common to the region and are likely to be hurdles in the industry’s progress. Cultural Diversity Critical Mass Policy Issues Raising Capital Human Resouces Regulatory Issues Currency Fluctuation Partnering Price Sensitivity Credible “midsize” CROs.

Regulatory challenges in APAC include a major challenge in India of having an effective mechanism for dealing with the government, given its active responsibility in taking funding decisions, regulating healthcare services, and deciding policy issues, including the most crucial ones regarding intellectual property rights. “In China, companies need to pass many hurdles such as complicated regulatory framework and a lengthy process for getting a product registered and then getting it added to the national reimbursement list,” he adds. In Australia, he says, the challenge for pharmaceutical companies “is the upcoming patent expiration for drugs developed in the 1980s and replicating those profit streams”.

More about regulatory challenges in APAC can be read here.

Full Article can be read here: 10 challenges for businesses in APAC

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to FinTech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

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Patent Basics and Intellectual Property Rights from Rahul Dev

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IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

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How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

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.

patent filing in india

Full Article: 1,000 backlog beaters for Indian patent office

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to FinTech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

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Patent Basics and Intellectual Property Rights from Rahul Dev

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IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

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How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

Swissinfo is Swiss Government’s International Publication Service managed by Swiss Broadcasting Corporation (SBC).

Originally published here.

pharma patent attorney

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 patent rights in case such rights are against public interest”.

Full article can be seen here: Is the tide against Big Pharma in India turning?

Additional Information:

Onbrez (Indacaterol) is an ultra-long-acting beta-adrenoceptor agonist developed by Novartis, which was approved by the European Medicines Agency (EMA) under the trade name Onbrez Breezhaler, and by the United States Food and Drug Administration (FDA), under the trade name Arcapta Neohaler.

Novartis has filed five (5) patents in India for protecting Onbrez

(i) IN222346 titled “BETA 2-ADRENOCEPTOR AGONISTS”

(ii) IN214320 titled “A PHARMACEUTICAL COMPOSITION FOR TREATMENT OF INFLAMMATORY AND OBSTRUCTIVE AIRWAYS DISEASES”

(iii) IN230049 titled “A PROCESS FOR THE PREPARATION OF 5-(HALOACETYL)-8-(SUBSTITUTED OXY)-(1H)-QUINOLIN-2-ONES”

(iv) IN210047 titled “PROCESS FOR PREPARING 2-AMINOINDAN DERIVATIVES”

(iv) IN230312 titled “A PROCESS FOR PREPARING 5-[(R)-2-(5,6-DIETHYL-INDAN-2-YLAMINO)-1-HYDROXY-ETHYL]-8-HYDROXY-(1H)-QUINOLIN-2-ONE SALTS”

In January 2015, Delhi High Court barred Cipla from making or selling a cheaper copy of Onbrez, citing infringement of patents held by Novartis.

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to FinTech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

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Patent Basics and Intellectual Property Rights from Rahul Dev

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IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

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How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

Views published in Economic Times:

FreeCharge’s patent filing for alternative to OTP a wake up call for other companies

Originally published here.

financial technology patent attorney

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 online and offline transactions faster

FinTech innovation by FreeCharge can reduce delay caused in receiving OTP through text message (SMS)

Freecharge’s patent claims innovative technology wherein security pin for online transactions resides within smartphone and keeps changing every few seconds.

To ensure security of online transactions, backend server of bank and merchants verify pin to process transaction.

Startups and companies file FinTech patents to prevent innovation theft and build up portfolio of intangible assets.

Patents serve as valuable assets for innovative companies spending valuable resources in research and development.

Analysis of patent portfolios of active companies and startups in financial technology (‘FinTech’) sector reveal that patenting activity in this patent classification is tossing up.

FinTech patents claim innovative technologies using digital platforms to deliver financial products and services that are implemented via efficient business models.

FinTech patents are filed in business sectors covering payments, banking, wealth management, capital markets, insurance, lending etc.

FinTech patents generally disclose innovations covering data, analytics, Internet of Things (IoT), artificial intelligence (AI), crowdfunding, security, cloud computing, cryptocurrency etc.

Patent filing trends indicate R&D for financial technology based innovations is active among banks, financial institutions, telecoms companies, software companies and e-commerce companies.

Interesting patent filing trends in FinTech sector indicate that institutions like Visa and Bank of America have filed numerous patents.

FinTech patents can be used to generate revenues by enforcement or by selling the patented technology to interested companies.

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to FinTech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Discuss your Queries

https://clarity.fm/assets/widget_loader.jsFrequently asked questions – Patents, Technology & Internet Laws ***************************************

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability

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Patent Basics and Intellectual Property Rights from Rahul Dev

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IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

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How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps Download free ebook for “Drafting Website Terms and Conditions – Important Legal Considerations”:http://app.getresponse.com/view_webform.js?wid=9764902&u=SkJ5Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

Client – Financial Technology (FinTech) Company

Product – Technology Providing Secure Platform for eCommerce Transactions

Originally published here.

fintech patent attorney

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 of the financial industry. The partners included, Clients (eCommerce Companies – target group of said technology under B2B model), End Users (consumers of clients who are party to eCommerce transactions), and Vendors (intermediaries who will deploy and install said technology on each client’s eCommerce Platform).

Secondly, appropriate IP Contracts ensuring IP Ownership and Confidentiality / Non-disclosure were drafted and executed with all the above-mentioned partners.

Thirdly, provisional patent application was drafted and filed before launching the product for early adopters.

Finally, after pre-sale contracts were sealed and product was tested, final non-provisional patent was filed covering all features discussed in provisional patent along with minor improvements as suggested by feedback received from early adopters. Thereafter, a PCT International Phase Application was also filed, which can now be filed across multiple countries under PCT National Phase.

***************************************

Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

Frequently asked questions –

Patents, Technology & Internet Laws

***************************************

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Important Website Terms of Use & Legal Disclaimers for Online Business Models and Mobile Apps

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Often we come across multiple blogs and other related content (videos, images, presentations, documents, eBooks etc.) written by experts and it can get troublesome at times to read and grasp multiple such blogs at one go.

Industry experts are mostly reading and writing at the same time, so if valuable content is curated and presented smartly, it can boost effective knowledge sharing.

patent law firm

This article is aimed at compiling five (5) interesting blog posts pertaining to law and technology, covering diverse topics. Hope these blog posts form an interesting and valuable read:

a. 7 Considerations While Drafting a Non-Disclosure Agreement (NDA)

It is commonly observed that every business discussion between two parties requires disclosure (or exchange) of confidential information, which mandates the execution of a non-disclosure agreement (NDA), also known as the confidentiality agreement.

Parties execute the NDA to protect confidential and proprietary information shared by (and between) each party. In most cases, NDAs act as first step towards subsequent business agreements and contracts, which include additional provisions to cover complexities of business transactions between the parties.

While drafting a confidentiality (non-disclosure) agreement, it is crucial to ensure interests of both the parties is adequately secured by including the required provisions in a well-defined manner and excluding provisions that are not required. Read more here.

b. Your Ultimate Guide To Understanding IPR for Hardware – Patents | Trademarks | Designs | Copyrights

“80% of things that surround us are not made by God, they are made in China”. Considering the dynamically changing landscape of hardware products due to latest developments in technology and introduction of lean manufacturing methods, it has become feasible to launch a hardware business that solves a real world problem.

However, while starting a business involving hardware as core product, adequate considerations must be given to issues related to Intellectual Property Rights (IPR). Read more here.

c. Drafting Website Terms and Conditions – Important Legal Considerations – Free eBook

Website Terms: As businesses and marketplaces transition towards new age mediums such as web and mobile, complexities surrounding them also continue to grow.

Appropriate terms and conditions along with privacy policies are critical to every website and mobile application.

Important considerations while drafting terms and conditions for websites and mobile applications are discussed in this eBook. Read more here.

d. Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

Patent analytics can be used as a crucial tool to prepare innovation landscape for any particular technology, following which the retrieved data can be used for multiple purposes, such as, for example:

(i) To determine scale and intensity of patenting activity across a particular technology sector.

(ii) To assess level of collaborations between Industry, Academia and Government by specifically focusing on patents filed jointly as a result of research collaboration between public and private sector, along with universities.

(iii) To evaluate quality of patenting activity.

(iv) To identify target markets by determining white gaps between existing patents (including both granted patents and pending patent applications).

Read more here.

e. Filing International Trademark Application Under Madrid Protocol 

Madrid System, including Madrid Agreement and Protocol relating to Madrid Agreement, is an international treaty to facilitate international registration of trademarks and management of trademark applications.

Madrid Agreement and Madrid Protocol – Governing Treaties

The treaties provide an easy and cost effective way of filing international trademarks. Once the trademarks are registered by respective designated offices, the Madrid protocol further provides simple procedures to manage international registrations. Read more here.

About Us

Tech Corp Legal LLP is team of accomplished patent attorneys with expertise in Intellectual Property, Patent Strategy & Technology Consulting for formulating profitable & sustainable Patent (IP) Strategy. Our lawyers are invited as Patent Attorneys & Global Business Lawyers to speak at various International & Govt events, News Channels, International Conferences, CEO Workshops.

Our views and articles are regularly featured across national and international publications, including, Economic Times, Law Journals (IBA, LAWASIA), Tech Magazines, Digital News Network (DNA) Asia, BioSpectrum India, BioSpectrum Asia, HT Live Mint, Nature Journal, Entrepreneur Magazine etc.

We act as Patent Consultants & Legal Advisors to International Law Firms (Including Patent Attorneys), Executives, Technology Corporations, Investors, Entrepreneurs & Startups (US, EU, Asia Pacific & various Jurisdictions). Our practice areas include: Patents, Trademarks, Intellectual Property Rights Strategy, Technology Laws, Corporate & Securities Law, Ventures Capital Financing, Fundraising and International Business Advisory, Patent Portfolio Management, Copyrights

We have extensive experience with Global Patent Attorneys, In-house IP Counsels, CTOs, R&D Heads, Licensing Officers and our services include: Patent Law Opinion, Drafting Patent Specifications, Prior Art Searches, Patent Invention Disclosures, Novelty (Patentability) Analysis & Patent Infringement Research (analytics), Patent Litigation Evidence (charts), Patent Invalidation & Validation Analysis, Patent (IP) Landscape Analysis, Patent Prosecution & Opposition, Office Action Responses (USPTO, EPO, UKIPO), Patent Licensing Agreements, Freedom to Operate Analysis etc.

Our Technology Expertise includes: Software Patents, Wireless Communications Patents, Mechanical Patents, Healthcare, Life Sciences, Genetic Engineering Patents, Video (Mobile) Games, Mobile Apps, Cloud Computing, Digital Media, Biotechnology, Semiconductor & Medical Devices

We are registered as Patent Attorneys with Indian Patent & Trademark Office for Prosecuting Patent Applications, Hearings, Responding to Examination Objections, Trademark Applications etc. and member of Delhi High Court Bar Association. Our engagement models include: Contractual, Hourly, Per Project

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

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In June, I attended Echelon, Asia’s largest technology conference featuring 50+ global speakers, investors, startups, entrepreneurs, and prominent tech corporations.

Originally published here.

startup patent business attorney

I got a chance to listen to Udemy’s Co-Founder and chairman, Eren Bali, who spoke about building a marketplace business.

What I really liked about the presentation was the way he dissected the marketplace business model while discussing best practices about designing the business. It was quite similar to how a lawyer analyzes various legal issues during a business transaction.

While explaining various components of a marketplace business model, Eren discussed that to start the business, the main goal is to connect demand and supply, which means acquiring more and more users to connect them with the supply side.

Other subsequent components of marketplace business include discovery, pricing, payment, user experience and support.

An important approach explained by Eren was to categorize all components as centralized or decentralized. In other words, if marketplace intends to control any component, it can be called centralized while if it is left to the supply side, it can be categorized as decentralized. For examples, companies like Uber tend to embody the marketplace as completely centralized wherein Uber manages almost everything except driving, whereas companies like Airbnb, ebay, craiglist etc. embody marketplaces as decentralized, wherein the supply side manages most of the stuff.

technology business lawyer

His presentation and video are embedded below for more details.

[youtube https://www.youtube.com/watch?v=UmaIJKiU4aE]

Building a Marketplace Business from e27

[slideshare id=35919232&w=427&h=356&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px 1px 0; margin-bottom: 5px; max-width: 100%;&sc=no]

Legal Challenges

While managing a marketplace business, business owners have to consider and manage certain important legal concerns, some of which are discussed below:

Legal Liabilities

When you walk into a physical store to buy a product and question the store-owner in case of any defect in the product or issue related to electronic payment, a similar problem can also arise while buying a product from an online marketplace. In digital space, third-party vendors usually sell their products through marketplaces that are not owned by them, and consequently, the legal liabilities are also divided among marketplace owners and such vendors. Exactly who is liable for what and whether the liabilities are civil and / or criminal in nature, this will depend upon exact nature of transaction, issue faced by the end user, local laws, and other related factors.

For example, if there is a payment related issue, mostly the liability will lie with the marketplace as they are the ones who facilitate the transactions between buyers and sellers by providing a payment gateway. Similarly, faulty product will become liability of the vendor. In any case, liabilities will be a combination of basic contract law (between buyer and seller, buyer and marketplace business owner, seller and marketplace business owner), consumer laws (basic rights of buyers), data protection laws (mostly with the marketplace business owner), cyber laws, criminal law (mostly with both seller and marketplace in case of infringement of intellectual property rights like patents, trademarks, copyrights, designs, by selling of counterfeiting products by sellers through marketplace), and the like. Similar analysis can be applied while providing services through marketplace business, such as Uber, AirBnb etc.

Accordingly, it is advisable for marketplace business owners to have, (i) appropriate terms and conditions mentioned on their websites that are in line with domestic and international laws, (ii) appropriate contracts with external vendors (sellers) to ensure a smooth transaction with the buyer and prevent transactions pertaining to fake (counterfeit) goods that can result in intellectual property (IP) infringement. This is just an illustrative list of legal measures and based on exact marketplace business model, the exact legal requirements can be quite detailed.

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India is facing tremendous pressure from US for enforcement of Intellectual Property Rights (IPR) since last few months, specifically with regards to concerns over violations of pharmaceutical patents in India.

Originally published here.

pharma patent attorney

Recent Issue – Dasatinib [Bristol-Myers Squibb (BMS)’s Cancer drug]

Dasatinib, an anti-cancer drug produced by pharma major Bristol-Myers Squibb (BMS), is used to treat chronic myeloid leukemia. Recently, the health ministry of India is exploring various options to revoke the patentee’s rights for Dasatinib, arguing that such move is required to deal with an “emergency”.

Although the health ministry is confident about revocation of Dasatinib’s patent, it is bound to attract stringent criticism from global pharmaceutical companies. However, such step by the health ministry of India can be attributed to the strong pressure exerted by public health groups, who usually reprimand the public authorities of being non-responsive to their concerns regarding affordability and availability of medicines for life-threatening diseases.

As per news reports, the health ministry is in communication with the department of industrial policy and promotion (DIPP), wherein it is being discussed that the cost of the drug produced by Bristol-Myers Squibb (BMS) will be met through government schemes.

Revocation of Patent by Government – Indian Patent Laws

In accordance with various provisions of the Indian Patents Act, the government can revoke a granted patent under following circumstances:

(i) Revocation of Patents by Controller for Non-working, Non-availability at Reasonable Price

As per Section 85, any person interested, or the Central Government can approach the Controller to pass an order revoking the patent on the ground that the patented invention has not been worked in the territory of India or that reasonable requirements of the public with respect to the patented invention has not been satisfied or that the patented invention is not available to the public at a reasonably affordable price.

However, as mentioned in section 85 of the patents act, this is only applicable if a compulsory license has been granted in respect of a patent, and such application can only be made to the Controller after the expiration of two years from the date of the order granting the first compulsory license.

In addition, if such an application is made by an individual or a legal entity, other than by the Central Government, the applicant is required to set out the nature of the applicant’s interest, along with the facts upon which the application is based.

Alternatively, if the Controller is satisfied:

that the reasonable requirements of the public with respect to the patented invention have not been satisfied, or

that patented invention has not been worked in the territory of India, or

that the patented invention is not available to the public at a reasonably affordable price,

an order revoking the patent can be passed.

(ii) Revocation of Patent in Public Interest

[slideshare id=35074929&w=479&h=511&fb=0&mw=0&mh=0&style=border: 1px solid #CCC; border-width: 1px 1px 0; margin-bottom: 5px; max-width: 100%;&sc=no]

Pharmaceutical patents in india – compulsory licensing, health emergency & affordable healthcare – patent laws in india from Rahul Dev, Advocate, Patent Attorney, Trademark Lawyer, India

In accordance with Section 66 of the Indian Patents Act, where the Central Government is of opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon the patent shall be deemed to be revoked.

(iii) Revocation by High Court on Petition of Central Government

According to Section 64(4), a patent may be revoked by the High Court on the petition of the Central Government, if the High Court is satisfied that the patentee has without reasonable cause failed to comply with the request of the Central Government to make, use or exercise the patented invention for the purposes of Government within the meaning of section 99 upon reasonable terms.

Going by the limited information available in the public domain with regards to communication between the ministry of health and DIPP (public body governing IPR), it is yet to be seen under which provision the government intends to revokes Dasatinib’s patent granted to BMS.

As the government has already turned down health ministry’s request to issue a Compulsory License under Section 84, the ministry is expected to file an application with the Patents Office under Section 85, which will provide an opportunity to BMS to put forward its objections as its right to be heard under principles of natural justice.

Compulsory Licensing in India – Controversial for Pharmaceutical Patents

Rejection of Compulsory License for Dasatinib

Compulsory licensing is one of the most debatable provisions of the Indian Patents Act. In October 2013, the Patents Office rejected an application from BDR Pharma to make a generic version of BMS’s Dasatinib. The proposal was rejected on the grounds that the Indian company did not make enough efforts to obtain a voluntary license for the anti-cancer drug.

As per the application made by BDR Pharma, BMS responded with number of queries asking BDR to answer, when BDR applicant requested BMS for issuance of a voluntary license. It shall be noted that making such request for voluntary license is mandatory under patents act, before an application for compulsory license is made to the Controller. BDR alleged that BMS used these queries as delaying tactics, while the Controller General of Patents held that prior to deciding on the merits of the case, the threshold requirement of establishing a prima facie case must be satisfied.

The CG of Patents held that BDR had not really made any credible attempt to procure a license and therefore could not be said to have satisfied the statutory requirement that the applicant must have negotiated in good faith for 6 months at least.

Compulsory License Granted for Bayer’s Nexavar in 2012

In March 2012, the Indian Patent office granted first compulsory license to NATCO pharma to make anti-cancer drug sorafenib for the India market. However, the compulsory license is subject to certain conditions, such as maintaining account of sales, and payment of royalty at six percent of the net sales on a quarterly basis to Bayer. The order also makes it obligatory for NATCO to supply the drug free-of-cost to at least 600 needy and deserving patients per year.

More details can be seen here.

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Summary

Adovcate Rahul Dev Patent Trademark Attorney Corporate LawyerArticle Title

“Pharmaceutical Patents in India – Compulsory Licensing, Health Emergency & Affordable Healthcare – Patent Laws in India”

Author: Advocate Rahul Dev

Description

A brief analysis of pharmaceutical patent laws in India in light of recent developments including compulsory licensing provisions.

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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 interest to protect associated Intellectual Property Rights (IPR), such as, Patents, Trademarks, Copyrights, and the like.

fintech patent attorney

While analyzing the patentability of mobile applications, such apps have to be considered as software products, and then, corresponding patent eligibility and patentability can be determined by standard methods, such as, for example, conducting a patent prior art search to determine patentability and analyzing relevant search results.

With a view to determine patent eligibility or patentability of mobile applications, it is advisable to consider them as software products and / or computer-implemented inventions. The standard criteria to determine patentability include determining novelty, non-obviousness (inventive step), and industrial application. Subsequently, while drafting a patent application for mobile application, software products and / or computer-implemented inventions, it is a statutory requirement to provide a detailed description of one or more embodiments of the invention that is sufficient to enable a non-inventive person skilled in the relevant field of technology to put it into operation.

As a patent practitioner, it is crucial to ensure that while drafting patent application for computer-implemented inventions, patent claims are specifically defined and claims are not broad, which may lead to an assumption of claiming one or more abstract ideas, mathematical equations, laws of nature or mere discoveries.

A most feasible patent strategy is to file a provisional patent application, usually known as provisional utility patent application in US, which will give a timeline of 12 months to file a non-provisional patent application (referred to as complete patent application under Indian laws).

After the date of filing provisional patent application, the phrase “patent pending” can be used during product promotions.

Generally, patent attorneys and patent law firms provide low cost fee schedule to draft and file a provisional patent application, primarily because drafting provisional patent application consumes quite less billable hours as compared to a non-provisional patent application. This is so because as per requirements of patent laws, non-provisional patent application is required to include a full fledged set of claims, formal figures, corresponding description, whereas a provisional patent can be filed as a general disclosure of invention that may or may not include full set of claims and formal figures. Accordingly, it is common to include snapshots, sketches etc. with the provisional patent application protecting mobile applications.

Before deciding to file a patent for mobile application, it is advisable to consider various factors, such as, for example, but not limited to, budget and cost to file patent to protect a mobile application, patent eligibility of the invention, patentability of the software product, type of patent application to be filed, basics of utility patents, advantages of filing multiple provisional patent applications, and the like.

Join the discussion now on Google Plus, LinkedIn and Facebook.

Summary

Adovcate Rahul Dev Patent Trademark Attorney Corporate LawyerArticle Title

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

Author: Advocate Rahul Dev

Description

Mobile applications, which are commonly referred to as mobile apps, are generally available for download at various app stores. Commercial success of mobile applications has resulted in an increasing interest to protect associated Intellectual Property Rights (IPR), such as, Patents, Trademarks, Copyrights, and the like.

 

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