Patent Business Lawyer in Asia

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

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

Patent Valuation Procedure

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

patent valuation india

Patent Risk Assessment

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

Patent Valuation Approach

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

Intellectual Property Assets

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

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

Market Potential of Patents

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

Valuation of Patents and Intellectual Property Assets from Rahul Dev

Application of Patent valuation

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

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

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

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

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

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

Patent valuation Methods

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

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

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

The methods used in qualitative approach are:

A. Cost method

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

B. Income method

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

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

C. Market method

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

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

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

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

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

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

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

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

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

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

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

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

ICT Patents

Information and Communication Technology

Biotechnology Patents

Software Patents

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

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

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

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

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

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

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

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

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

Business productivity across nations has grown significantly due to ICT (Information and Communication technology) revolution. In essence, ICT represents intersection of multiple technologies in a manner to revolutionize the communication across the globe. With such rapid growth, ICT growth has resulted in commercial as well as legal implications.

ICT companies routinely face complex issues pertaining to corporate laws and intellectual property rights (IPR), specifically ICT patents. Since ICT patents are bound to play a crucial role in shaping up the digital future of the world, the patent expertise required to solve the ICT patent issues involves thorough understanding of communication technology, hardware devices and components, digital technology, Software as a Service (SaaS), eCommerce, Data Processing innovations, Education Technology (EdTech), Semiconductors, Antennas, Microprocessors, Microcontrollers, Financial Technology (FinTech) and Digital Content based innovations.

ICT Patents

As the citizens of the digital age, information technology has become an integral part of our lives. From catching up on the latest news to reading the new bestseller, there is hardly anything that can be done without the crutches of technology. In a nutshell, information technology is truly our second skin.

Information and Communication and Technology Patents

IT and ICT: Are they different?

While information technology (IT) refers to the whole gamut of computing systems aimed at the collection and dissemination of information, information and communication technology, commonly known as ICT, expands the scope of IT. In other words, one can say that ICT is an extension of  IT with its focus on ‘connective communicative technologies’[i].  This is best illustrated by the definition assigned by UNESCO. As per UNESCO, ICT can be defined as a “diverse set of technological tools and resources used to transmit, store, create, share or exchange information. These technological tools and resources include computers, the Internet (websites, blogs and emails), live broadcasting technologies (radio, television and webcasting), recorded broadcasting technologies (podcasting, audio and video players and storage devices) and telephony (fixed or mobile, satellite, video-conferencing, etc.).”[ii] Given the subtleties of differences between IT and ICT, it is not very surprising that these terms are often used interchangeably.

ICT: The Building Block of the ‘Innovation Economy’

Given the dynamic nature of ICT, constant innovation is the life blood to make the ICT industry more sustainable. The growth of the ICT industry in the past few years has led to the development of what is called as the ‘innovation economy’. The report published by the New South Wales, Australia Innovation and Productivity Council describes innovation economy as a system where any innovative “changes emerge at large scale and come to dominate or disrupt pre-existing sectors, and commerce or trade, to foster advanced and high-growth industries.”[iii] The report further states that the growth of internet and digital systems has led to a globalised innovation economy and the future of nations have recognized that the sustainable growth is heavily dependent on how innovative the said economy is.[iv] The European Commission has also in its report stated that a smart growth of the economy lies in strengthening the knowledge and innovation.[v]

The ‘Reward’ in Innovation Economy: Granting Protection through patents 

For an industry such as ICT that is entirely driven by innovation, providing adequate and appropriate incentives to the innovators becomes extremely essential. One of the ways in which incentives can be provided is by ensuring a strong framework to protect the interests of the innovators and allow them to reap the commercial benefits of their invention. This is where protection through patents comes in. Foremost, granting patent protection ensures that an inventor can control the commercial use of their invention[vi]. Secondly, patent protection also contributes to the development of the technology further as the revenues generated by the innovators are used towards extensive R&D.[vii]

Key Issues with Patent Protection in ICT Industry

Of the many concerns regarding patents awarded in the ICT industry, this article focuses on the two key issues of patent thickets and SEPs.

Patent Thickets:

The complex technological process and the surge in the volume of patent applications has led to a fragmentation of patent rights and led to patent thickets[viii]. The only formal definition of a patent thicket has been provided by Carl Shapiro in his paper[ix] and he has described patent thickets as a “dense web of overlapping intellectual property rights that a company must hack its way through in order to actually commercialize new technology”. The reason for the growth of patent thickets in the ICT industry is due to the simple reason that protections are required for several technologies which will be then utilized for the manufacture of a new product. Some commentators have argued that this leads to a large volume of patent thickets can ultimately lead to lesser innovation and higher costs for the R&D[x]. Patent thickets are also furthering competition in the industry as companies are vying to acquire and boast of the biggest patent portfolio.[xi]

Standard Essential Patents and FRAND:

Standard Essential Patents or SEPs refer to the patents which have been granted in order to implement a specific industry standard. Access to such patents is crucial in the ICT industry in order to further and promote innovation. Accordingly, the Standard Setting Organization of a nation have committed license the SEPs on such terms and conditions which are ‘Fair, Reasonable and Non-Discriminatory” (FRAND).[xii]

The FRAND terms ensures that the patent holders receive an appropriate reward for their investment in research and development and at the same time there is access to these specific patents.[xiii] Commentators have also noted that lack of a standard procedure to determine FRAND leads to disputes in cases of SEP licensing which in turn hampers the widespread use of the key standardised technologies and development of a true innovation economy.[xiv]

Conclusion

The surge of patenting in the ICT industry has led to a fragmentation of IP rights which has proved to be a major bottleneck of most national patenting system. Disputes and litigations arising out of the licensing terms of such patents is also another issue plaguing the industry. Reforms of the patenting system, keeping in mind the specific needs of the ICT industry, will require a true harmonization of the patenting rules.  A harmonized regime can prove to be a true game changer for the patents in ICT industry.

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

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

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

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

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

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

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

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

References:

[i] https://www.techwalla.com/articles/the-difference-between-it-ict

[ii]  http://uis.unesco.org/en/glossary.

[iii] Page 7, The Innovation Economy: Implications and imperatives for States and Regions, Professor Greg Clark, Dr. Tim Moonen and Jake Nunley (August 2018), available at: https://www.industry.nsw.gov.au/__data/assets/pdf_file/0007/163267/IPC-The-Innovation-Economy-2018.pdf

[iv] See generally:  The Innovation Economy: Implications and imperatives for States and Regions, Professor Greg Clark, Dr. Tim Moonen and Jake Nunley (August 2018), available at: https://www.industry.nsw.gov.au/__data/assets/pdf_file/0007/163267/IPC-The-Innovation-Economy-2018.pdf

[v] See generally   The Innovation Union Competitiveness Report, European Commission, 2013, available at https://ec.europa.eu/research/innovation-union/pdf/competitiveness_report_2013.pdf

[vi]See generally https://www.wipo.int/ipoutreach/en/ipday/2017/innovation_and_intellectual_property.html

[vii] ibid.

[viii] The Role of Patents in ICT: A Survey of the Literature, Stefano Comino et al. (2017) available at https://www.researchgate.net/publication/318040107_The_Role_of_Patents_in_Information_and_Communication_Technologies_ICTs_A_survey_of_the_Literature

[ix] Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard-Setting, Carl Shapiro (2001), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=273550

[x] Are ‘Patent Thickets’ Smothering Innovation?, Stefan Wagner, 2015, available at https://insights.som.yale.edu/insights/are-patent-thickets-smothering-innovation

[xi] Ibid. The author illustrates this with the example of Google launching its operating system. At that time, the patent portfolio of Google was relatively small. However, in order to be able to compete with industry giants like Apple, Google eventually acquired Motorola in order to gain access to its patent portfolio.

[xii] See footnote 8.

[xiii]Standard Essential Patents, Dipak Rao and Nishi Shabana, April 2016 available at http://www.mondaq.com/india/x/484412/Patent/Standard+Essential+Patents

[xiv] India as an Innovation Economy: The Role of IP and ICT, Indian Council for Research on International Economic Relations (ICRIER) and European Business and Technology Centre (EBTC), June 2018 available at http://www.indiaenvironmentportal.org.in/files/file/ICRIER-EBTC_White_paper_IP-ICT.pdf

 

Machine Learning

Machine Learning or ML is a concept that enables a machine or a software tool to learn on its own without specific programming.

For example, in banking sector, ML can be used to predict unpaid or bad loans before a default actually occurs based on the previous payment patterns.

[youtube https://www.youtube.com/watch?v=0zVfGgs9BhE&w=560&h=315]

Other uses of ML include image recognition, like suggesting a name of a friend to tag in a particular image, or speech recognition, like conducting searches and performing other tasks after speech to text processing.

Similarly, diseases can be predicted using clinical parameters and medical history of the patient along with the medical history of the family members of the patient.

Machine Learning Models

Generally, the machine learning algorithm is trained using training data to create learning models. Subsequently, when new data is introduced to the algorithm, it makes a prediction. The machine learning algorithm can be categorized into 3 types, supervised learning, unsupervised learning, and reinforced learning.

In case of supervised learning, the input data acts as a reference or a foundation. For example, if data relates to weather, the algorithm can be trained to learn about specific parameters like temperature and humidity patterns.

In case of unsupervised learning, the algorithm determines the patterns on its own. For example, if data covers weather and population information, the algorithm can create separate data clusters for weather and population data, so that when new data is introduced, it can be automatically fed to the correct cluster.

In case of reinforced learning, the tools is programmed to determine the best possible solution on its own for achieving a particular goal, mostly by interacting with an environment and to learn and evolve using such interactions.

A good example of reinforced learning is elevator service. Like in our office, there are 6 elevators to transport people across 25 floors. So, to provide a timely service, the elevator controller manages the elevators on its own depending upon factors like number of calls and direction of each call.

While training the machine using different methods, valuable intellectual property is generated at each step, which can be protected by way of patents.

For example, patents can be filed for new tools to prevent cyber attacks or for speech recognition tools for better processing of natural languages across different geographies.

Such patents can then be licensed to other industries for broader applications.

Patent Claim Charts

With ever-growing number of patents in the sector covering computer related inventions, software patents, mobile app patents, IoT (Internet of Things) and Artificial Intelligence (AI) Patents, claim charts can be prepared to determine patent infringements or for exploring patent licensing opportunities.

In use, patent claim charts can illustrate an overlap between a product (or a service) and the claims of a patent. Essentially, the patent claim charts dissect the claims of a patent by its specific elements. Other names of claim charts that are used by patent attorneys are, patent claims tables, or patent infringement contentions, or patent invalidity contentions, or patent preliminary infringement contentions (PICs).

In addition to drafting a strong patent application, protecting the company’s intellectual property is a crucial business practice. Strong patent and IP protection ensures that the unique elements of company’s products and processes are protected and adds a high degree of credibility to the company in the industry.

Apart from adding to patent licensing potential, patent claim charts illustrate the extent of patent infringement in a simple and visually understandable manner. Claim charts are also known as ways to illustrate patent mapping between the products and the patent claims, which are used to signify “Evidence of Use” for licensing strategies and patent litigation research.

Product to patent claim mapping is a detailed comparison of granted independent set of patent claims with the product, apparatus, machine, system or method / process

Best 6 Steps for Performing Product to Patent Claim Mapping

  1. Identify the infringing products.

  2. Prepare a claim mapping table describing every feature of the independent patent claim in separate cell.

  3. Interpret the scope and understand every feature of the independent patent claim.

  4. Note down the interpretation of every feature of the independent patent claim.

  5. Map (Compare) the identified infringed product with respect to every feature of the independent patent claim.

  6. Highlight the features identified in the product brochure for easy reference.

What is product to patent claim mapping in patent study?

Product to patent claim chart mapping is a detailed comparison of granted independent set of patent claims with the product, apparatus, machine, system or method / process that may be infringing the granted patent claims. The patent claim chart includes comparison of identified products infringing the granted patent. The steps includes analysing a set of granted patent claims with product features. Our computer software attorneys who are trained by US patent attorneys provide product to patent claim mapping services for ongoing US Patent court litigation. Our CS lawyers have been preparing Evidence of Use patent charts for over 10 years.

Product to patent claim mapping services for independent granted USA patent claims

Sample US claim chart for product to patent claim mapping

Patent Claim 16

Interpretation

Feature Present (Y/N)

Product 1 (iDAvatars)

16. An article of manufacture including a non-transitory computer-readable storage medium having stored hereon computer-executable instructions, execution of which, by a computing device, causes the computing device to perform operations for performing speech recognition, the operations comprising:

Any computing device performing one or more operations for performing speech recognition

Y

Intelligent Virtual Assistant (IVA) [Page 1, para number 4]

initiating a finite state machine; User interacting with the computer-implemented voice user interface with personality. Y iDAvatars combines artificial intelligence with cutting-edge natural language processing technologies and state of the art animation to produce avatars that listen, speak and respond through talk, text and touch [Page 1, para number 2] voice response or text-only guidance [Page 1, para number 4]
receiving a voice input; Input data is user speech. Y Conversational avatars that promote patient engagement [Page 1, para number 1]

state of the art animation to produce avatars that listen [Page 1, para number 2]

interpreting the received voice input, comprising: interpret the spoken command of the user Y Natural Language Processing expertise [Page 1, para number 4] Speak and respond through talk [Page 1, para number 2]
transitioning to a domain state functionality of the finite state machine, determining which domain of functionality to proceed to next based upon an user dialog Y Natural Language Processing expertise, Cognitive computing capabilities [Page 1, para number 4]
selecting a generic prompt corresponding to the domain state functionality, and Analysing user dialog and selecting pre-stored response Y Natural Language Processing expertise, Cognitive computing capabilities [Page 1, para number 4]
selecting a specific prompt corresponding to the generic prompt, selecting a specific prompt that corresponds to the generic prompt, the voice user interface with personality considers both prompt history 930 (i.e., what the virtual assistant has said to the subscriber) and recognition history 916 (what the user has said to the virtual assistant). Y Natural Language Processing expertise,Cognitive computing capabilities [Page 1, para number 4]
wherein the specific prompt comprises
a variant of the generic prompt and also corresponds to the domain state functionality; Each prompt includes both a specific name (e.g., a specific prompt) and a generic name (e.g., a specific prompt corresponds to a generic prompt, and several different specific prompts can correspond to the generic prompt). Voice user interface with personality 1002 determines which domain of functionality to proceed to next based upon a dialog (e.g., dialog 1008) with a subscriber. N
and transmitting the specific prompt in a response. Computer-implemented voice user interface with personality can output to respond to various types of questions or responses in various situations during interactions with the user Y iDAvatars combines artificial intelligence with cutting-edge natural language processing technologies and state of the art animation to produce avatars that listen, speak and respond through talk [Page 1, para number 2]

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

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

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

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

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

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

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

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

 

Provisional Patent Filing

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

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

patent attorney for drafting patent application

How to Patent a Product?

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

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

How much does it cost to file a patent?

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

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

How do you patent an idea or a product?

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

How do I turn my idea into a product?

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

What is a provisional patent application?

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

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

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

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

Frequently Asked Questions by Inventors

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

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

Provisional Patent Application

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

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

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

Non-Provisional/Complete Patents v. Provisional Patents

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

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

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

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

Limitation of Provisional Patent Applications

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

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

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

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

Filing of Provisional Patents Applications

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

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

* Provisional Cover Sheet identifying;

* the application as a provisional application for patent;

* the name(s) of all inventors;

* inventor residence(s);

* title of the invention;

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

* correspondence address; and

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

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

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

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

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

Commissioner for Patents

P.O. Box 1450

Alexandria, VA 22313-145

USPTO Patent Filing

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

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

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

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

Advantages for Filing Provisional Patent Application

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

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

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

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

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

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

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

Blockchain Patents

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

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

patent lawyer in india

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

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

Blockchain Patent Landscape

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

First Blockchain Patent

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

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

Number of Blockchain Patents

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

List of Blockchain Patents

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

IBM Blockchain Patents

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

Blockchain Patent Apps

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

Blockchain Patents by Company

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

Who owns blockchain patents?

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

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

Is the Blockchain even Patentable?

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

Blockchain and Cryptocurrency

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

Distributed Ledger

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

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

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

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

Blockchain Applications for Banks

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

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

Limitations & Challenges of Blockchain in Public Sector

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

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

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

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

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

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

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

Blockchain Innovations

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

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

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

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

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

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

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

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

Software Patent FAQs:

How to Patent an Idea

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General Patent FAQs:

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Patent Process in India

patent attorney in india

Patent Filing

Patent Prosecution

Patent Registration

 

  1. Q. Who can file patent in India?

  2. Q. What are various types of patent applications?
  3. Q. How to file a patent in India?

  4. Q. How much does it cost to get a patent in India?

  5. Q. What are the requirements to file a patent in India?

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

  7. Q. What is patent office action?

  8. Q. How are patents examined in India?

  9. Q. What is patentability of an invention?

  10. Q. What is an invention?

  11. Q. How can inventive step of an invention be determined?

  12. Q. What is industrial applicability of an invention?

  13. Q. What is the meaning of sufficiency of disclosure?

Q. Who can file patent in India?

The patent law in India defines various categories of patent applicants. Depending upon the category and type of the patent applicant, the documentary requirements and the official filing fee varies. In essence, a patent in India can be filed by:

1. A natural person(s) and/or a startup;

2. A small entity, alone or with a natural person(s) and/or a startup;

3. Others alone or with natural person(s) and/or a startup and/or small entity. Back to top

Q. What are various types of patent applications?

Patent applications are divided into one or more types by the patent office, and as per Indian Patent Office, a patent applicant can types multiple kinds of patent applications. The documentary requirements and other formalities for each patent application type are different, and hence it is crucial to identify the exact type of patent application before initiating the patent filing process. While filing for a patent, few things are to be considered. The first is which type of application you are filling.

In India, there are following types of applications: 
(a) Ordinary Application is the application which is made at the Patent Office for grant of patent and does not contain any priory claims of application made in any convention country or countries. An ordinary application may be filled through two phases or through just one. Initially as a provisional application, which is followed by a complete application or directly as a complete application only. (Refer to section 9 of the Patents Act, 1970).

(b) Convention Application is a subsequent application made under Section 135 of the Patent Act, 1970, claiming the priority date on the application which was filed earlier, wherein applicant has already filed an application for grant of patent in a convention country or countries. A convention application has to be filed within a period of 12 months from the date of filing of the application in the convention country . 
(c) PCT Application stands for Patent Cooperation Treaty. The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states/countries. The applicant gets 30-31 months’ time to enter into these countries for getting protection on its invention, wherein such an application is called PCT National Phase Application. In addition, patent applicants can file a PCT International Application, either with the Indian Patent Office as Receiving Office, or directly with International Bureau (IB) of the World Intellectual Property Organization (WIPO).
(d) Divisional Application is filed under two circumstances:
• When the applicant believes that his/her application contains more than one invention and the other inventions can be differentiated from the original application and filed as a separate application. 
• When the controller of patent is of the opinion that the application contains of claims for more than one invention. 
(e) Additional Application (for a patent of addition) can be filled by an applicant when he/she is desirous of making changes or making improvements to the earlier invention. No additional fee is charged for filing of an additional application. The patent for addition will be granted along with the original application. Back to top

Q. How to file a patent in India?

Before filing a patent in India, patent applicants are required to understand the complete process of patent filing. In essence, a patent is acquired in India by filling an application for the grant of patent through following documents:

• Form 1 (Application for Grant of Patent);
• Form 2 (Provisional/Complete Specification);
• Form 3 (Statement and undertaking u/s 8 of Patent Act, 1970);
• Form 5 (Declaration as to Inventorship);
• Form 26 (Authorization of a Patent Agent/or any person in a matter or proceeding under the Patent Act). 
A patent can be filled either through e-filing or through physical filing. A requisite fee is payable for filling of the patent which is provided in Table I of the First Schedule. (See Rule 7 of the Patent Rules, 2003).
The patent application is automatically published after a period of 18 months from the date of filling the application for making it a prior art. Prior art acts as evidence that your invention is already known. In case the applicant is desirous of an early publication, he/she can file under Form 9 requesting for an early publication and by paying the requisite fee provided in Table I of the First Schedule. (See Rule 7 of the Patent Rules, 2003). 

Thereafter, the patent applicant can file a request for examination of patent via Form 18 / Form 18A, wherein such request is to be filed within 48 months of the earliest priority date. Back to top

Q. How much does it cost to get a patent in India?

An approximate basic fee for filling of patent in India under Form 1, 2, 3, 5 & 26 for:

(a) A natural person(s) and/or a startup:
• E-filing – 1600/-
• Physical filing – 1750/-

(b) A small entity, alone or with a natural person(s) and/or a startup:
• E-filing – 4000/-
• Physical filling – 4400/-

(c) Others alone or with natural person(s) and/or a startup and/or small entity:
• E-filing – 8000/-
• Physical filling – 8800/-
Back to top

Q. What are the requirements to file a patent in India?

An application for patent is required to be accompanied with four basic attachments which is filed under Form 2:

(a) Complete/provisional specification (Section 9 of Patents Act, 1970): A provisional application is a summary of the invention and is filed to protect the invention at its early stage. If an applicant has filed the patent application for grant of patent he/she has to file the complete specification within a period of 12 months from the date of filing of the provisional application or else the application will be considered to be abandoned. 

(b) No. of Claim(s): Claims define the contours of legal rights when the patent is granted. Section 10 (4) (c) of the Patents Act, 1970 states that every complete specification must end with a patent claim or patent claims that defines the scope of the invention for which protection is claimed. Generally, a patent application contains a combination of independent and dependent claims, wherein the independent claims disclose the most important features of the invention, and the dependent claims disclose additional features that depend upon the independent claims.

(c) Abstract: Abstract is a concise summary of the invention which the applicant wants to get patented. According to Section 10 (4) (d) of The Patents Act, 1970, every complete specification shall include an abstract section to provide technical information on the invention. According to Rule 13 (7) of The Patent Rules, the abstract section shall begin with the title of the invention.

(d) No. of Drawing(s): The patent applicant shall furnish at least one drawing of the invention he/she seeks to get patented which can also be called a patent illustration, showing every feature of the invention for a better understanding of the invention. The drawings must show every feature of the invention specified in the claims, and it is required by Patent Office rules to be in a particular form.
Back to top
 

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

Once the patent is filled, the patent applicant can file for examination with a period of 48 months from the date of filling the application by Form 18 (Request for Examination) by paying an examination fee mentioned in Table I of the First Schedule. (See Rule 7 of the Patent Rules, 2003). In case no request for examination is filed within the aforesaid period, the application is considered to be abandoned. 
Once the controller at the Patent Office receives the receipt of the request for examination, he/she examines the report on the basis of Section 12 & 13 of the Patent Act, 1970 and if there are any objections, a FER (First Examination Report) is issued to the applicant which states all the mistakes and errors that were made by the applicant in the patent application. The applicant is given a period of 6 months to rectify the mistakes and send the appropriate response to the controller. Back to top

Q. What is patent office action?

Once a patent application is filed with the patent office, patent applicants are required to submit request for early publication of patent application in addition to request for patent examination. Once a patent examination request is filed, the patent office examines the patent application in accordance with patent procedure and provides a patent examination report (patent office action) to the patent applicants, which contains one or more objections relating to novelty, inventive step (non-obviousness), industrial application, sufficiency of disclosure and formal requirements.

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

Q. How are patents examined in India?

A patent application filed with the Indian Patent Office is examined by the patent examiner only after the patent applicant files a request for examination via Form 18 / Form 18A, as per the provisions of the Indian Patents Act, 1970 (as amended) and the Patent Rules, 2016 (as amended). The patent applicant can file the patent examination request at the time of filing the patent application or anytime before the expiry of 48 months from the earliest priority date of the patent application. Once the patent examination request is filed, the patent application is examined in due course depending upon the backlog of pending applications at the patent office.

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

Q. What is patentability of an invention?

Patentability of an invention refers to patent eligibility of the invention, as defined in the patent laws. When a patent application is examined by the patent office, the primary goal of the patent examiner is to determine the patentability of the invention as defined by the patent claims, as described in detail by the patent description, and as illustrated by way of patent drawings. The intention is to ensure that the technology covered by the patent application is new and the subject matter of the patent description and patents claims was not disclosed in public domain before the date of filing of patent application, or before the first priority date of the patent application. More details can be read here. Back to top

Q. What is an invention?

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

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

Section 2(1) (ja) “inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art;

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

Q. How can inventive step of an invention be determined?

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

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

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

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

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

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

More details can be read here. Back to top

Q. What is industrial applicability of an invention?

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

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

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

Therefore, while drafting patent application, writing the advantages of the invention in the last few paragraphs will be helpful to illustrate the industrial applicability of the invention. More details can be read here. Back to top

Q. What is the meaning of sufficiency of disclosure?

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

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

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

Patent Prosecution in India

[slideshare id=58662838&doc=patentfilingprosecutioninindia-insightsbypatentattorneycorporatelawfirmindia-160224144306]

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

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

Software Patent FAQs:

How to Patent an Idea

General Patent FAQs:

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

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

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

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

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

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

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

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

Journey of my blog from LinkedIn to 30+ news portals

Flagship Speaking Engagements

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

Featured Publications

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

Technology Business Corporate Lawyers

International Corporate Lawyers and Patent Attorneys

Patent Attorney and Corporate Lawyer in Asia

Contact at rd (at) patentbusinesslawyer (dot) com

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

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

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

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

Patent drafting & filing for B2C & B2B digital products

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

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

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

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

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

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

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

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

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

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

Patent Office Action

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

patent filing in india pct national phase WIPO application

Indian Patent Office Procedure

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

Patent Examination in India

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

First Examination Report – FER

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

Patentability of Invention

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

Definition of Invention

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

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

Section 2(1) (ja) “inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art;

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

View of Indian Courts on Determining Inventive Step

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

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

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

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

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

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

Industrial Applicability of the Invention

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

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

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

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

Sufficiency of Disclosure

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

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

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

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

Patent Prosecution in India

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

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

Software Patent FAQs:

How to Patent an Idea

General Patent FAQs:

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

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

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

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

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

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

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

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

Journey of my blog from LinkedIn to 30+ news portals

Flagship Speaking Engagements

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

Featured Publications

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

Technology Business Corporate Lawyers

International Corporate Lawyers and Patent Attorneys

Patent Attorney and Corporate Lawyer in Asia

Contact at rd (at) patentbusinesslawyer (dot) com

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

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

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

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

Patent drafting & filing for B2C & B2B digital products

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

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

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

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

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

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

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

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

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

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

Patent Intelligence

Patent attorneys are regularly approached by clients with existing innovations and patents, wherein such information is analysed extensively with regards to prior art (patent and non-patent publications), technology landscape and state of art patent searches to generate actionable business intelligence. Our in-house patent search experts provide effective solutions to determine white space, find risks, identify gems, and analyse patent portfolios, thereby adding immense value to achieve business goals of corporate executives, technologists, and investors. Patent intelligence reports also assist clients in decision making for the purposes of technology licensing, patent licensing and patent monetization opportunities.

Patent Monetization

Patent experts at our law firm assist clients in patent commercialization by decoding the complete potential of patents, that can form a major component of patent owner’s financial assets to be used as a competitive strategy for commercial success. Patent monetization process includes preparation of business goals to bring patents to market so that investments made in research and development can be recovered with profits, competitive advantage is gained in market, and credibility is strengthened as a leader in innovation and business.

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

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

patent attorney india

Technology Business Corporate Lawyers

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

 

Software Patent FAQs:

How to Patent an Idea

[youtube https://www.youtube.com/watch?v=r_Vwqg9eShw?version=3&rel=1&fs=1&autohide=2&showsearch=0&showinfo=1&iv_load_policy=1&wmode=transparent]

General Patent FAQs:

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 rd (at) patentbusinesslawyer (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

Patent Attorney in New York

Top rated and highly experienced patent lawyers in New York can be found by searching USPTO database or by reviewing patent law firms comprising patent attorneys (patent agents) registered to practice before USPTO. Inventors in New York can personally interview multiple patent lawyers before selecting the patent attorney best suited to address their needs. Clients can also explore cities in the vicinity of New York, including, Brooklyn, Cedarhurst, Elizabeth, Garden City, Flushing, Bronx, Jamaica, Staten Island, Hackensack etc. and can also research patent attorneys practicing related areas, like Intellectual Property, Copyrights, Trademarks, Trade Secrets, Cyber Laws, Technology Laws, and the like.

Technology Development in New York

As it is well known, New York is the financial, business, trademark, and fashion focal point of the world, and hence, many global businesses and financial corporations are headquartered there. New York is a great place to launch innovative products due to the tech savvy residents. Recently, it was reported that a mobile application has been launched to apply for Food Stamps in New York. It is well known that about 1.7 million people in New York City receive food stamps and to qualify, they must produce dozens of documents to prove their eligibility, including birth certificates, pay stubs, leases and children’s school records. It is really problematic to gather, copy and bring the documents to a social services office, and then wait to be seen by a worker. New York city’s welfare agency, the Human Resources Administration, plans to ease this step with the help of a new cellphone app, wherein those seeking food stamps can take pictures of the required documents with their phones and upload the photos to the mobile application.

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

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

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

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

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

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

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

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

Pharmaceutical patents for inventions resulting from combination of previously known active ingredients face higher level of scrutiny from the patent examiner as patent office does not generally allow the patent owners to extend the life of existing patents by filing new patents for substantially same or similar inventions, without any novelty or inventive step (non-obviousness).

patent attorney in india

Evergreening of Patents

Q. What is evergreening of patents?

Such strategies are commonly followed in pharmaceutical sector for drug patents and hence, patent offices rely on the determination of a new or a non-obvious synergy or a distinct effect. In use, such a novel and non-obvious synergy or the distinct effect has to be covered comprehensively by drafting a strong and focused set of patent claims, which can be further supported by way of accompanying detailed description of the invention including results of clinical (laboratory) and biology test results.

Therefore, while drafting patent applications covering drug patents and pharmaceutical inventions, pharma patent attorneys follow the best practice of writing patent specifications with the required detailed description of the inventions to satisfy the patent eligibility criteria.

Patent Thicket

Q. What is a patent thicket?

Another term related to evergreening of patents is patent thicket, which implies a dense web of overlapping intellectual property rights that a company must hack its way through in order to actually commercialize new technology, in other words, “an overlapping set of patent rights” which requires innovators to reach licensing deals for multiple patents from multiple sources.

Product Hopping

Q. What is product hopping in pharmaceutical sector?

As it is well known, pharmaceutical sector often experiences battle between generic drug makers and multinational pharmaceutical companies, which results in “product-switching” or “product hopping”, whereby brand name pharmaceutical companies make an effort to block generic drug manufacturers, which are their competitors, on a patented drug by making slightly different reformulations that offer little or no therapeutic advantages.

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

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

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

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

Pharmaceutical Patent Attorney

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

Practice areas include drafting and filing pharmaceutical and drug patent applications, pharmaceutical and drug patent prior art searches, pharmaceutical and drug patent prosecution, pharmaceutical and drug patent filing in India, pharmaceutical and drug PCT national phase entry in India, pharmaceutical and drug PCT international applications with WIPO, freedom to operate searches for pharmaceutical products and drugs, patentability analysis of pharmaceuticals and drugs and patent strategy to create a valuable patent portfolio comprising of new pharmaceutical and drug.

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

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

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.

Article source.

IoT Patent Inventions

IoT, or the Internet of Things, is bound to impact healthcare, consumer goods, education, industrial manufacturing and transportation at an unexpected pace and to counter next-gen legal issues, proactive technology lawyers, international patent attorneys and strategic advisors are required to update their knowledge and skills regularly. Get in touch now to discuss your queries with for IoT patent experts in areas of intellectual property rights, patents, life sciences, high technology and corporate lawyers.

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IoT implies an infrastructure of networked physical objects forming an ecosystem including sensors, smart devices, networking capabilities, advanced data analytics and cloud services. Considering the complex nature of IoT, it presents various opportunities and challenges to multiple stakeholders, including consumers, technology corporations, software companies, hardware manufacturers and service providers.

[slideshare id=72616367&doc=internetofthingstechnologyandpatentlawpractice-170227111444]

Enterprise and Industrial Aspects

Opportunities include connecting equipment and devices, building domain expertise and customer relationships. Threats include security and shaping platform standards.

Network

Opportunities include new products and services via connected networks, edge analytics and real-time services. For example, patient monitoring in hospitals, quality control in factories etc.

Challenges include long standing relationships with new equipment makers (Cisco, Ericsson, Huawei, Nokia) and telecom service providers. Challenges include improvement in connections and better services to locate, authenticate and connect remote devices. Additional challenges include lifecycle management services to maintain, upgrade and secure complex devices and sensor networks.

Data analytics

Opportunities exist for traditional analytics vendors (IBM, SAP), cloud service providers (AWS, Alibaba), system integrators for strengthening external customer relationships and to offer tailored products and services. Challenges include multiple data sources whereby selecting right ones for insights and decisions becomes difficult. As custom solutions grow, it can result in limited integration witFh2>
Opportunities include new products and services via connected networks, edge analytics and real-time services. For example, patient monitoring in hospitals, quality control in factories etc.

Challenges include long standing relationships with new equipment makers (Cisco, Ericsson, Huawei, Nokia) and telecom service providers. Challenges include improvement in connections and better services to locate, authenticate and connect remote devices. Additional challenges include lifecycle management services to maintain, upgrade and secure complex devices and sensor networks.

Data analytics

Opportunities exist for traditional analytics vendors (IBM, SAP), cloud service providers (AWS, Alibaba), system integrators for strengthening external customer relationships and to offer tailored products and services. Challenges include multiple data sources whereby selecting right ones for insights and decisions becomes difficult. As custom solutions grow, it can result in limited integration with broader data services.

Autonomous

Opportunities exist for latest technology sectors including robotics, drones and driverless cars, as most sensor information is collected locally and processed on board, which results in lesser need for remote data storage. Challenges include real-time capabilities and technologies, including computer vision, machine learning etc.

IoT – Applications and Examples

Internet of things have penetrated across multiple industry sectors and IoT applications can be seen in transportation finance, healthcare, retail, industrial automation and even the military. Some of the IoT examples include iBeacon (retail), smart industrial machines by GE, drones with powerful sensors for military applications, etc.

IoT Characteristics

Products embodying internet of things possess certain core characteristics, including, limited user interface (UI), limited processing power, limited bandwidth and limited battery life. Such characteristics provide a perfect combination for IoT applications that demand massive outreach without burdening the infrastructure.

Internet of Things – Legal Aspects

IoT devices and applications cover a diverse range of innovations eligible for creation of intellectual property rights by way of patents. Valuable Iot patent portfolios can be created by focusing on patentable IoT patent inventions, which get approved after preliminary prior art searches and patentability analysis.

Freedom to Operate – Joint Patent Infringement

Innovations can be launched after ensuring that there exists freedom to operate and any third party patent rights will not be infringed. In case of IoT based innovations, scenarios of joint patent infringement may be possible considering the interactive and collaborative nature of the Internet of Things.

While drafting patent claims and writing patent applications for IoT based inventions, quality of IoT patent is crucial for highlighting the inventiveness and novelty of the technology. In use, majority of innovations belong to the field of consumer devices and software. Secondly, IoT patents protecting next generation technological innovations may set industry standards or utilize existing ones, such as, BLE, 6LoWPAN, etc. Since most of inventions in this space are collaborative and interactive, patent owners may face patent enforcement issues.

Valuable IP and Patent Portfolios can be developed to include Internet of Things based innovations, which can be commercialized and monetized by exploiting the evolving nature of IoT.

Data Privacy in IoT applications

Owing to the big data generated by IoT applications and devices, drafting a data collection policy to suit the needs of the business is crucial. Across all stages of IoT, including manufacturing, use, generation and utilization of data, legal issues can arise. Key is to have strong understanding of core products and to engage in strategic counselling for creation and enhancement of IoT.

IoT Patent Lawyers and Patent Attorneys

Technology lawyers and patent attorneys working with clients in IoT sector have to understand their scope of work to cover telecom and consumer protection regulations. A thorough understanding of IoT based businesses is required to advise clients on multiple aspects, including, operations and infrastructure, growth and finance, privacy and cybersecurity regulations, IP disputes, payment systems, and related aspects of disruptive technologies.

IoT innovations are prone to raise ethical issues in collecting million devices, which can easily expand to a billion. Apart from issues pertaining to patent infringement, related issues include data security, data privacy, authentication, data and IP ownership, information governance, product liability programs, confidentiality, industry standards, educational outreach, equipment authorization, tax, custom compliance and legal strategy patent strategy, public policy, government representation, audits, international commercial and technology contracts etc.

Industry wise, IoT is bound to grow multifold in autonomous and e-mobility sectors, thereby requiring multi-tiered supply structure, application of telecom and media regulations, opportunities for information technology (IT) and media companies, cybersecurity in vehicles, payment models in cars, big data in automobiles, etc.

[youtube https://www.youtube.com/watch?v=r_Vwqg9eShw]
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.

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Rahul Dev is a Patent attorney and Intellectual Property lawyer with 15+ years of experience in Software, Electronics, Medical Technology, Internet of Things and Digital Innovations in international markets (US, Europe, Asia Pacific and MENA region)

International speaker for events in Asia and Europe with global publications

Licensed to appear before Indian Courts (since 2010) and Patent Office (since 2007)

Highlights:

Education:

BSc Electronics

MS Biotechnology, Bioinformatics and Genetic Engineering

LLB (JD)

MBA (Finance and IPR Management)

Certified “. Net Programmer”

Certified Mediator and Negotiator for Civil and Commercial Disputes

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

ChatBots by Facebook

Recently, Facebook introduced chat bots and it received extensive coverage. In simple terms, chatbots are automated services powered by Artificial Intelligence and Machine Learning provided over chat interface to the users. In use, Big Data is employed for Machine Learning and Deep Learning to provide messaging services as Artificial Intelligence to the users.

Originally published here.

software mobile app machine learning patent attorney
Artificial Intelligence & Machine Learning

At recently concluded F8’s 2016 edition, Facebook showcased ChatBots over Messenger platform that are fuelled by Artificial Intelligence. Facebook claims that there exist endless possibilities with chatbots for providing AI services using Machine Learning and Big Data, whereby deep learning can be employed to learn more about users and provide them with automated services.

Messaging Platforms > Social Networks

Although, its presently more of a concept but reviewers are claiming that Facebook Chatbots may be the next big thing in tech as messaging platforms have surpassed Social Networks. In operation, Chatbots function based on rules, Artificial Intelligence and Machine Learning while using insights provided by Big Data embodied in technology.

Patents by Google

Historically, Google has already filed patents for Artificial Intelligence and Neural Networks. For example, one of the Google’s patent titled “Artificial intelligence system” that has been granted as US 8126832 relates to an artificial intelligence system and method for interpreting input from a user and generating a response to the user, wherein the input is converted into an array of concepts which are compared to a database of interrelated concepts and a response is generated based on the concepts in the database and their relationship to the concepts in the input array. The system and method as claimed therein may be implemented in a number of electronic or computer devices to interact with humans or computer systems.

Patents by IBM

In essence, patents in field of Artificial Intelligence can boost innovation by improving productivity using Big Data. Similarly, IBM owns approx. 500 patents related to Artificial Intelligence. One of the examples is super-computer Watson. Google also owns patent on mobile machine learning and artificial intelligence that can challenge Facebook’s Chatbots.

AI & Machine Learning Books

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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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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

What is Co-Founders’ Agreement?

Document addressing relationship among startup founders by defining their rights and responsibilities.

Originally published here.

cofounder shareholder promoter agreement for startups company investment

Why is Co-Founders’ Agreement required?

To avoid legal pitfalls during early stages of startup and ensure proper understanding between cofounders, thereby reducing risk of disputes and misunderstandings.
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Startup Co-Founders Agreement – Equity Ownership, Investments, Responsibilities, Vesting, Shareholding, Stock Options, Share Transfer and Exit of Founders from Rahul Dev

Key Clauses of CoFounders Agreement

Drafting Cofounders Agreement

[youtube https://www.youtube.com/watch?v=KEont7Lc6vQ&w=560&h=315]
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

Originally published in Annual Magazine published by BCAS, Delhi University.

Read full article as originally published here.

student magazine cover campus placement

Talk to any working professional who has worked for 5 years or more seeking career advice, and majority will give you a common answer about how they committed blunders during their early stages, or how they focused too much on resume and ignored the skills, or how they lost a chance to secure their dream job.
No matter what subjects we study, everyone has a dream job and a life goal somewhere lost between daily nuances of college life. What we miss during college days is a blueprint or master plan to ensure that our acts are in sync with our dream job and life goals.

article

List Down Your Interests

A common issue faced by many students is finding answer to a question that bothers them throughout their college journey:

“How to find a dream job?”

To find answer to this question, we seek guidance of anyone and everyone we know. But we miss one crucial point, no one can help us find our dream job unless we know what exactly our dream job is.

Do we ever make a list of 10 things we want to do after college?

Do we ever make a list of our interests?

Do we list down 20 companies we want to work for?

No, most of us don’t do this.

Well, in a perfect world, we should answer questions like these before pursuing our job search.

law school campus students job placement internship training program

There’s a movie starring Tom Cruise, Jack Reacher (2012), which has a scene wherein Tom’s character talks about people and life by saying:

“Look at the people. You tell me which ones are free. Free from debt. Anxiety. Stress. Fear. Failure. Indignity. Betrayal. How many wish that they were born knowing what they know now? Ask yourself how many would do things the same way over again, and how many would live their lives like me.”

Time teaches us everything and during various stages of life, we become mature enough to find our mistakes from the past.

So what’s the way out? How to ensure we don’t make any mistake that can derail our career? Well, we don’t live in a perfect world and mistakes are bound to happen. Making mistakes and learning from them is the only way to graduate in real life.

Focus on Skills

We treat dissertations, projects and internships as a part and parcel of our course syllabus. However, these are hidden gems that can add significant value to our career path. After making a list of our interests, dream companies to work for, things to do after college; we should try to focus on skills that are required to achieve these goals.

For example, if our dream company is Apple, we should focus on its core aspect like reasons to fall in love with every apple device, which is mainly because of its dazzling design and intuitive user-interface. Search about people working in Apple’s design team, read about their work experience, interviews and so on. This way we can list the necessary skill set that can help us achieve our professional goals.

One key thing to note is that the skills will be different from our college curriculum.

This does not always mean that what we learn during college will not help. It is important to understand that academics provide a strong platform to pursue industry skills. Therefore, one should always ensure that academics and skills go hand in hand to achieve success in life.

If you are looking for some motivation, read about founders of companies like Microsoft, Facebook, Dell and Google. All of them started working towards achieving their life goals early in college and see how they are positioned today.

One small piece of advice:

Dropping out of college sounds really cool, only if it’s Harvard

Make the most out of your college journey and don’t focus on resume much, because if you can blend academics with skills, resume will take care of itself, but not vice versa. All the best.

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

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

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

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

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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.

View our presentations here.

About the Author: Rahul Dev

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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

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

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

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About the Author: Rahul Dev

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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

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

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 HT LiveMint – India’s Patent Problems

Traditionally, after filing patents in India, applicants complained about lack of transparency in Indian Patent Office as it was impossible to track the patent prosecution process, specifically the patent examination.

Originally published here.

patent filing examination prosecution agent attorney india

The article covers development at Indian Patent Office’s move of making its file movements and examination process public.

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

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

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

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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

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

Not every layoff is legal and during tough times, businesses need to take difficult decision of letting their employees go with a view to target larger business goals.

Originally published here.

startup lawyer dispute resolution

Do Startups Deserve Special Treatment? Why Do Startups Take Employees For Granted? Act Responsibly If You Are A CEO – Respect Employee’s Legal Rights

However, termination of employees without justification is illegal and employees should always enforce their basic and legal rights.

Off late, startups have been in news for disputes among cofounders or termination of employees without reasonable cause.

Steps to be taken in case of Employment Termination

Unpaid Salary

Sometimes startups and companies terminate the employment of employees without giving notice period or without following proper procedures. In such cases, first step should be to determine what amount of money is unpaid, i.e. calculating salary dues are extremely important as employer is liable to pay full salary corresponding to applicable working days.

Variable Component

Employment contracts and agreements usually comprise variable component in addition to fixed salary compensation. Once unpaid salary is determined, next step would be to calculate exact variable component payable to the employee by the employer. In cases where exact calculations are not possible, approximate amount can also suffice. But startups and employers have no right to withhold such unpaid salary component, be it fixed or variable.

Equity

It is common for cofounders and early stage employees to be allotted or promised equity by startups. If that is the case and employment is terminated, it can get tricky to calculate the amount of equity component payable to the terminated employees.

Severance and Unemployment Benefits

Based on terms of employment and local laws, the terminated employees may deserve severance and unemployment benefits. Such benefits usually ensure employees who have been terminated can transition to the next employment smoothly.

Legal Advice – Hiring Employment Lawyer

In case terminated employees don’t get deserved compensation, it is advisable to engage an employment lawyer. In addition, executing cofounders agreement and employment contract is crucial for startups and early stage companies to ensure smooth business operations.

Startup Laws – Legal Considerations for Startups

Determine Nature of Business

Before identifying relevant laws and legal provisions applicable to a startup, it is advisable to determine exact nature of business. This is usually done by following 2 step process, wherein 1st step includes determining the general category of business, i.e. Software/IT, Manufacturing, Sales, Services, Marketing etc.

Subsequently, sub-categories of business should be determined, such as, for example, SaaS (Software as a Service), Mobile Application, Marketplace business, on-demand services etc. Once done, this can help in determining required steps to ensure complete legal compliance for startups.

Deciding Relevant Business Structure

Prior to incorporating a company, it is crucial to determine appropriate legal entity to suffice the exact needs of business. Under Indian laws, startups can select appropriate legal entity by selecting between a private limited company (pvt. Ltd.), one person company (OPC), limited liability partnership (LLP), conventional partnership firm, subsidiary of a foreign company etc.

In case of private limited company, it is advisable to select right amount of paid up capital depending upon priorities of the shareholders (stockholders or promoters or cofounders). Once corporate structure is in place, startups can engage company secretary (CS) and chartered accountants (CAs) for managing regulatory compliance, accounting, book keeping, taxation, including filing of income tax (IT) returns, service tax returns, sales tax returns, professional tax returns etc. Prior to that, startups also need to register their business for tax registrations, including service tax, sales tax, import export license (IEC), VAT etc.

CoFounders Agreement

Structuring equity among cofounders requires drafting of shareholders agreement (SHA) including crucial provisions relating to equity distribution, vesting of shares, lock-in period, voluntary exit of cofounders (shareholders), termination of cofounders (shareholders), rights and responsibilities, investments by cofounders, and the like.

With a view to comply with the legal provisions of the Companies Act, 2013, it is strongly advisable to ensure the incorporation documents of the company (MoA, AOA) are in strict synchronization with the shareholders agreement (SHA).

Startup Growth – Scaling the Business

Every startup aims to reach growth phase quickly and hiring employees form an important step to achieve such growth. While hiring employees, it is extremely important to execute appropriate employment contracts. Companies are also required to ensure labor law compliance and strict enforcement of “Prevention of Sexual Harassment Policy”.

In addition, business growth also includes appropriate IP protection, including patents, trademarks, copyrights, industrial design etc. In case of digital startups embodied as websites and mobile applications, drafting and publishing website terms and conditions, mobile app terms, privacy policy, user agreements, vendor agreements are equally important.

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

Food and Beverage (F&B) Business in Gurgaon

As per latest tech trends, when food meets technology to reach the customers, it is termed as Food Tech startups. In a city like Gurgaon, food startups have significant advantages as it is one the hottest place in India to launch a food business. With multinational crowd, demand for new options for food is ever increasing and on-demand (home delivery) provides immense convenience to end-users.

Originally published here.

food tech beverage laws india

Online Food Startup: Business Model

Latest companies and startups in F&B space are establishing innovative business models. For example, kitchen in the cloud model embodied by FoodPort allows players to run their own kitchen instead of outsourcing or aggregating.

Another category is aggregators, which is well known due to the likes of Zomato and Swiggy. In this model, the aggregators provide interactive web-based platforms and mobile apps to users to connect with restaurants. Such interaction provides a diverse range of options, including managing the listings, taking food orders online, food delivery, etc.

Paradigm Shift

Traditional food stores are changing their business model completely from offline to online due to high rentals and unbearable maintenance costs. For example, Buenowhich had an outlet in DLF CyberHub (CyberCity), recently shifted to an online food company model.

Angel Investment & Venture Capital Funding

Food tech startups are buzzing with funding news in recent past. For example, InnerChef, a food-technology company based in Gurgaon, recently announced pre-series A funding. InnerChef delivers ready-to-eat and ready-to-cook meals by providing an online fresh food delivery platform offering fresh paninis, salads, combos, snacks and desserts throughout the day.

Business Validation

Due to huge corporate base, Gurgaon is largest market in India for customer validation and although numerous food tech startups have received angel funding and influx of venture capital investments, only a few will survive in future because the market is all set for consolidation.

Food Startups and Law

There are some crucial legal considerations associated with food business and appropriate measures are required to minimize the risk / liability. Specifically, to launch and grow a food startup / business quickly, it would require formulating strategy to handle potential issues relating to corporate law, employment law, intellectual property rights, and taxation.

Initial steps to start a food tech startup include determining an appropriate corporate structure by incorporating a legal entity (private limited company, partnership, OPC, LLP etc.)

With a view to have clarity regarding management roles, co-founders agreement (shareholders agreement) should be executed having detailed provisions for role of founders (directors or promoters), commitments, cash investments, shareholding pattern, vesting schedule, lock-in period, dispute resolution mechanism, and exit procedure. This helps in smooth functioning of business. Similarly, appropriate contracts, agreements and legal documents should be executed with Investors, manufacturers and third party vendors.

Intellectual Property (IP) ownership should be clearly stated in all documents and agreements. As a standard practice, all IP rights (patents protecting technology, trademarks protecting brand names and copyrights protecting other artistic works) should generally be owned by the company.

For more updates, follow GurgaonTech on Twitter and Facebook.

lawyer law firm in gurgaon, Office Space in Gurgaon, Incubators in Gurgaon, Uber, Amazon, AirBnb, Ola Cabs, Flipkart, digital startups, B2C, B2B , investors, issue shares, preference shares, equity shares, allocate employee stock options, increase paid up capital

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

Start your Business in Gurgaon | Choose Your Business Structure Wisely

Starting a new company and launching a business in a place like Gurgaon can be a challenging task. Once business model is finalized, next step is to set up the business and incorporate the company in Gurgaon as it offers many advantages. Hundreds of Fortune 500 companies have set up offices in Gurgaon and Internet (smartphone, tablets & mobiles) penetration is one of the highest in India.

Originally published here.

startup company business lawyer gurgaon

The urban population of Gurgaon has played a major role in creating the booming startup ecosystem along with digital lifestyle. On-demand services are highly preferred and residents of Gurgaon are really forthcoming in using products and services offered by startups.

Incubators in Gurgaon

After global success of businesses like Uber, Amazon and AirBnb, India has its own share of success stories including Ola Cabs, Flipkart, SnapDeal, Oyo Rooms, Grofers, Zomato, and the like. Many of successful Indian companies are either headquartered in Gurgaon, or their major revenues come from consumers in Gurgaon. This has resulted in a vibrant startup ecosystem in Gurgaon that includes numerous incubators and accelerators. Some of these include 91 Springboard and InvestoPad. Such incubators / accelerators also provide co-working spaces along with access to a strong network of Investors, Mentors, Service providers etc.

Incorporating Company in Gurgaon or Delhi

Having corporate base in Delhi NCR provides significant advantages and process to incorporate the company is straightforward. Startups can select appropriate corporate structure based on their business model. For example, tech startups can opt for private limited company (governed by the Companies Act) that requires minimum two directors (co-founders or promoters). This structure is highly preferred by digital startups (B2C and B2B) as its easy to accommodate investors, issue shares (preference shares and equity shares), allocate employee stock options and increase paid up capital to raise subsequent round of funding. In case of only one cofounder, OPC (one person company) can also be considered as corporate structure, which is introduced by latest company law. However, there are restrictions to issue shares to investors and hence as business grows, the OPC can be converted into a private limited company.

Similarly, service businesses can opt for Limited Liability Partnership (LLP) as corporate structure. The LLP includes partners instead of directors as in case of private limited company. Professional service providers like consultants, accountants, lawyers, architects etc. usually opt for LLP.

Office Space in Gurgaon

According to a recent study by US-based realty consultant Colliers International, Gurgaon has beaten Mumbai and Bengaluru to see the highest absorption of office space in Q3 2015, which explicitly implies that Gurgaon is the country’s fastest growing corporate business hub. Latest business hotspots in Gurgaon are located on Golf Course Road (One Horizon Center and Two Horizon Center) and Sohna Road. While manufacturing companies prefer Manesar, NH8 remains the most preferred location to set up offices in Gurgaon. Places like Udyog Vihar and DLF CyberCity are among the best office spaces in Gurgaon, primarily owing to their proximity to NH8.

For more updates, follow GurgaonTech on Twitter and Facebook.

lawyer law firm in gurgaon, Office Space in Gurgaon, Incubators in Gurgaon, Uber, Amazon, AirBnb, Ola Cabs, Flipkart, digital startups, B2C, B2B , investors, issue shares, preference shares, equity shares, allocate employee stock options, increase paid up capital

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

Patent Drafting | Writing Patent Application

As it is well known, inventions are created and protected under patent rights and a strongly drafted patent application determines the potential of an invention. The patent process includes various steps, including, prior art patent search, patentability analysis, drafting and filing provisional patent application, drafting and filing complete (non-provisional) patent application, patent prosecution, patent grant and patent renewal. For each step, the strength of patent depends upon quality of drafting patent application, specifically prosecution before the patent office. Therefore, drafting a patent application is a crucial and challenging process.

Originally published here.

patent claim drafting application writing

Patent Drafting India

Drafting of patent application in India requires compliance with provisions of Indian Patents Act, 1970. Specifically, Section 10 of Indian patent law states “Contents of specifications”, which requires every patent specification, whether provisional of complete, to describe the invention.

This section requires that every patent application filed in India shall begin with a title sufficiently indicating the subject-matter to which the invention relates and shall include drawings (patent figures or patent illustrations) as part of the patent specification.

The Indian Patents Act further states that if required, in any particular case, the Controller of Patents may ask the patent applicant or inventor to further provide a model or sample of anything illustrating the invention or alleged to constitute an invention.

[slideshare id=fkonqAgdBMHnbO&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 Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions by Technology Experts and Patent Attorneys from TechLaw.Attorney

Every patent application that is to be filed with Indian patent office shall:

Drafting Patent Claims in India | Writing Patent Application in India

Before filing a patent application in India, it should be ensured that the patent claims of the complete patent specification (non-provisional patent application) shall relate to a single invention, or to a group of inventions linked so as to form a single inventive concept, which shall be clear and succinct and shall be fairly based on the matter disclosed in the specification.

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=SkJ5 Add 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

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

Best Startup Books
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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

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Evan asked his first question: “What’s the worst thing I can do as CEO to fuck the company up?”

Without skipping a beat, Campbell responded: “Hire your fucking friends!” He went into a ten-minute tirade about friends and business and how they don’t mix.

This conversation summarises the first meeting between Evan Williams (Ev), Co-Founder, Twitter, with Bill Campbell, legendary CEO coach, who has mentored Steve Jobs and a long list of other titans.
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steve jobs apple

It comes out as an important business lesson after reading the book, “Hatching Twitter: A True Story of Money, Power, Friendship, and Betrayal” by Nick Bilton, New York Times technology and business columnist and lead blogger for The New York Times Bits Blog.

More details regarding the book Hatching Twitter may be seen here. The book can be bought in different formats, including Kindle, Hardcover, Paperback and Audible.

Hatching Twitter Startup Story Co founder conflict

Image Source

So, the important business lesson is that friends and business do not mix. Although many startups and entrepreneurs begin their journey as couple of friends who get together to build the next build thing, most of such relationships end on a bitter note, as gradually, it gets difficult to draw a line between personal and professional relationships.

While carrying out day-to-day business activities, problems are encountered regularly and taking proactive business decisions can solve the problems. However, when it comes to friends, personal relations mostly overshadow the problem at hand, which subsequently snowballs into much bigger problems. On the contrary, if things go as per plan, such relationships can foster into great business partnerships.

In the end, be it friendships or business, it all boils down to how well people manage their relationships. While building a startup with a goal of generating a successful business, a co-founders agreement is an important document that can help avoid potential disputes. In case of conflicts, the co-founder agreement can provide clarity with regards to resolving such conflicts.

Rahul Dev (@rdpatentlawyer) is a patent attorney, international business lawyer, speaker & author. He serves as corporate counsel to clients worldwide. He blogs about Technology & IP Laws at www.TechLaw.Attorney and about Business, Strategy & Leadership at www.AdvocateRahulDev.com.

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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Brand Protection can be leveraged by filing of Trademarks and additional protection can be availed by claiming legal protection of Product Packaging, Configuration & Appearance

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Biosimilars are generic versions of biologics, medicinal products with active drug component being made (or derived) from a living organism. It is complicated and cost intensive to manufacture biologics, and hence regulatory approval of biosimilars is very challenging.

Originally published here.

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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

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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

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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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