Patent Business Lawyer in Asia

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

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

ICT Patents

Information and Communication Technology

Biotechnology Patents

Software Patents

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

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

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

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

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

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

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

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

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

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.

 

Software Patent in India

Software and Mobile App Patents are routinely granted by the Indian Patent Office and recently, following patents were granted:

(a) Google LLC filed patent application 3023/KOLP/2014 that is titled LOCATION HISTORY FILTERING. The invention is about filtering location information received from multiple computing devices . During patent examination, the patent examiner raised objections under Section 3(k) of the Indian Patents Act, wherein the examiner stated that the claims 1-14 define computer instructions stored in a memory and executable by a processor, hence these claims fall within the scope of Section 3(k) of the Indian Patent Act.

As a response to said objection, the applicant responded by proving that the claims are not related to computer programs but a computing device, enhancing its technical effect through its constructional features.

(b) ORACLE INTERNATIONAL COOPERATION filed patent application 231/KOLNP/2010 that is titled A SYSTEM AND METHOD FOR PREPARING COMPENDED BLOGS. During patent examination, the patent examiner raised objections under Section 3(k) of the Indian Patents Act, wherein the examiner stated that the claims 1-10 were computer programme per se and were thus non patentable.

As a response to said objection, the applicant responded by submitting Computer programs ‘per se’ are not non patentable as per the CRI guidelines. Since present claims provide a technical solution to a technical problem of collecting and collating information into a single blog, it qualifies to be patented.

Mobile App Patent in India

We are experiencing a paradigm shift in technology from the use of Software to Mobile Apps (Applications) to integration with Cloud Computing, which has resulted in the emerging field of IoT, or Internet of Things.

Here are 5 steps to draft patent claims and write patent applications for inventions and technologies belonging to the field of Software, Mobile Apps, Cloud Computing or Internet of Things (IoT):

  1. Thoroughly understand the innovation as a problem-solution approach
  2. Prepare flow diagrams (flowcharts) to cover all aspects of the processes disclosed by the innovation
  3. Prepare system architecture (block diagrams) illustrating all hardware elements connected via network
  4. Ensure proper sync between the flowcharts and block diagrams
  5. Draft patent claims (system or apparatus) covering all elements of block diagrams along with process (method) claims

Patent Claim Drafting

Software Patent Application Drafting Guidelines

Writing Software Patent Application

Writing Software Patent Application is an art. An experienced patent attorney or patent agent can draft software patent claims that may have broader scope of the invention. However, the purpose of this post is to provide inventors with a general idea how to draft a patent application for a software patent invention.

First and foremost, every software patent specification must be tailored for a particular invention solving one problem in the prior art domain. There is no “one single patent formula to be followed” to write a perfect software patent application. The most important aspect of software patent writing which should be kept in mind while writing the software patent application is the patent claims, which define the legal rights of the patent owner.

It is always advisable to get professional help for writing the software invention and prosecuting the patent application before the patent office. The software inventor should provide flowcharts and/or flow diagrams of different embodiments of the software based intelligent algorithm to the patent attorney.

Software Patentability / Prior Art Patent Search

Conduct a patentability search of the prior art available in the public domain is advisable before filing the software patent application. The software patent strategy includes the steps of reviewing non-patent literature documents like journal, newspaper articles,  magazine articles, books, conference materials, brochures, and research reports.

The online patent database (collection of granted patents and pending published patent applications available in public domain by the patent office) of USPTO, WIPO, EPO and the like should be searched to determine novelty of your software innovation. This can be done either by looking for keywords in the abstract text, specification, patent title, patent claims and by the International patent classification numbers, USPC and CPC assigned to each patent by the patent examiner.

Patentability Search Results / Patentability Opinion

The patentability search results of the invention will provide detailed insight to the inventor about how broadly one can claim the invention. Moreover, the patent language used by other patent attorneys to claim a similar invention provides a rough roadmap to describe your own software innovation.

Advantage of Patentability Search   

The main advantage of patentability search from the viewpoint of developing a strong patent claim strategy is that the identified close prior art patent claims should be avoided. Particularly, the patent claims should be written in a manner to avoid the prior art.

Software Patents in India – Laws, Cases, Granted Patent Examples – Copyright Protection

How to get Software Patents in India

Grant of Software Patents in India is possible. Patents filed for innovations relating to computer programs, software and mobile applications protect the novel and inventive features of such innovations from being copied by the competitors. Software Patents in India is granted for an embedded software in a mobile application, and/or software plus hardware combination. However, patent law in India does not allow patent protection for software per se, whereby patenting a computer program is prohibited. This provision is stated in Section 3 of the Indian Patents Act, which related to Non-Patentable Inventions.

Why are Software Patents not available in India?  

When the set of patent claims are written for web based software just stating various method steps and without disclosing what apparatus and/or structural component are carried out by the said steps in that case the invention falls within scope of clause (m) of section (3) of the Patents Act, 1970 (as amended).

There should be structural limitations to the patent claims otherwise the subject matter of these claims is mere scheme and/or mental act and hence falls within scope of clause (m) of section (3) of the Patents Act, 1970 (as amended). Therefore web software invention claimed in said claims is not patentable.

When the patent claims do not define any structural features of the claimed product rather they define computer instructions and logic in that case the instructions and/or logics are nothing but computer program per se. Hence subject matter of said claims falls within scope of clause (k) of section (3) of the Patents Act, 1970 (as amended). Therefore web software invention claimed in said claims is not patentable.

Frequently Asked Questions (FAQs) on Software Patents in India

Are software inventions patentable in India?

Yes, innovations in the field of software and mobile applications can be patented in India. The Indian patent office defines software inventions under the category of Computer Related Inventions, one or more features of which are embodied wholly or partially by means of a computer program(s). Such inventions have been described in the guidelines published by the patent office for examination of computer related inventions, or CRIs.

Generally, patent applications covering subject matter related to software inventions have been divided into different categories by the patent office, including, (i) Method / Process, (ii) Apparatus / System, (iii) Computer readable medium, and, (iv) Computer Program Product.

In case of patent claims claiming a method or a process, the patent office excludes business methods, mathematical formulae, algorithms, and computer programs per se. Specifically, if method claims or process claims relate to computer related innovations having novel and inventive aspects, such method claims are patentable in accordance with Indian patent laws.

In case of patent claims claiming an apparatus or a system, the patent office has stated that patents can be granted to computer related inventions wherein novelty, inventive step, and industrial applicability is found by way of hardware combined with software applications. In use, such claims may be patented in “means plus function” format.

While drafting software patents and writing patent claims, use of means-plus-function claim is common. Specifically, while drafting patent claims, means-plus-function claims can be used to express technical and functional terms of the invention to describe multiple aspects of the invention.

In case of patent claims claiming Computer readable medium, or, Computer Program Products, the Indian patent office categorizes such patent claims as computer programs per se, and hence such claims may not be patented in accordance with Indian patent laws.

Software Patents Granted in India

Patent applications claiming computer related innovations, software and mobile applications can be patented in India if patent claims are drafted to protect the innovative aspects of such inventions. Specifically, the innovative aspects can include inventive process / methods along with inventive apparatus / system (hardware components).

Some examples of software patents granted in India are listed below:

Software Patents Examples

  1. Indian patent application number 3803/CHENP/2008 titled “DISAGGREGATED SECURE EXECUTION ENVIRONMENT” has been granted by the Indian patent office on 19th Sept., 2016. This patent claims priority from US patent US11/353,675 with PCT International Application Number as PCT/US2007/002322. The subject matter of this patent relates to, an electronic device, such as, a computer, which may be adapted for self-monitoring for compliance to an operating policy. The operating policy may specify a pay-per-use or subscription business model and measurements associated with compliant usage. A secure execution environment may measure usage in accordance with the business model as well as monitor and enforce compliance to the operating policy To increase the difficulty of attacking or otherwise disabling the secure execution environment, elements of the secure execution environment may be distributed. The distribution points may include other functional elements of the computer, such as interface circuits, or may even be remotely located over a network. An implementation method for disaggregating the secure execution environment is also disclosed.
  2. Indian patent application number 5992/DELNP/2005 titled “A SYSTEM FACILITATING A COMPUTER OBJECT ACCESS CONTROL” has been granted as Indian patent number 247539 on 18th April, 2011 by the Indian patent office. This patent claims priority from US patent US10/609,104 having PCT International Application number as PCT/US2004/019987. The subject matter of this patent relates to a system facilitating a computer object access control for controlling access to the computer objects, comprising: a computer display screen, a graphical user interface (100), a name field (102) indicating a name for the computer object; and one or more access control fields (110) rendered together and indicating plural selectable computer spaces (112C-112E) for the computer object, at least one of the computer spaces corresponding to a computer location and at least one of the computer spaces (112A, 112B, 112F) corresponding to access to the computer object for one or more computer users.

How To Apply For Software Patents in India

In light of the Indian patent laws and guidelines published by the Indian patent office for examination of software patents / computer related inventions (CRIs), software patents can be applied in India by way of combination of hardware and software features, which are novel, inventive and possess industrial applications.

More specifically, the software patent applications filed in India shall claim innovative methods including all the steps of flow diagram of the software applications along with novel hardware (apparatus / system claims) claims including elements of the system architecture embodying the corresponding methods / processes.

Software Patent Cases In India

Among multiple patent cases in India, few can be put in the category of software patent cases in India, wherein issues pertaining to software patenting in India have been discussed. Some of the important software patent cases are discussed herein below.

1. Electronic Navigation Research Institute Vs Controller General of Patents

IPAB, OA/26/2009/PT/DEL, 5th July, 2013

In this case relating to patent application no. 3624/DELNP/2005 for the invention titled “A CHAOS THEROETICAL EXPONENT VALUE CALCULATION SYSTEM”, the Indian patent office denied the patent on the grounds that said invention falls under the category of mathematical formulae even if it produces a technical effect. The invention in this case claimed a mathematical method for evaluating time series signals.

2. Yahoo v Controller of Patents & Rediffcom India Limited

IPAB, OA/22/2010/PT/CH, 8th December 2011

Section 3(k) of the Indian Patents Act was discussed in this case before the Intellectual Property Appellate Board (IPAB), wherein it the concerned patent application was held non-patentable as being the business method embodied via technology. The order passed by the IPAB in instant case stated that where technical advances are only a manifestation of a core business method, such advances shall not accord any advantage to the patentee in the allowance of the patent. In simple words, business methods disguised as technical subject matter without any innovative aspects cannot be patented in India.

In the case of Yahoo, the patent claims included features of a software tool targeting search terms relevant to Yahoo’s business. Accordingly, the IPAB concluded that the technical advance proposed by Yahoo was simply a method of doing business, even if it was a technically smarter way of doing business and, therefore, cannot be patented in accordance with provisions of Section 3(k) of the patents act.

3. ACCENTURE GLOBAL SERVICE GMBH Vs. THE ASSISTANT CONTROLLER OF PATENTS & DESIGNS

IPAB, OA/22/2009/PT/DEL, 28th December, 2012

This case relates to Indian patent application number 1398/DELNP/2003, which is now a granted patent as patent number 256171, whose present legal status at the patent office database is, “Inforce with Due date of next renewal as 21/02/2017”. This patent application was initially refused for patent registration by patent office under the provisions of Section 3(k) of the Indian patents act.

However, the patent applicant appealed before the IPAB and as per the Controller’s decision, it was held that the instant invention as claimed is not software per se but, a system is claimed which is having the improvement in web services and software. Accordingly, it was held that the invention since not falling in the category of section 3(K), viz software per se, corresponding objection was waived and the patent was granted.

Software Copyright In India

What is meant by software copyright?

In addition to software patents, copyright protection can also be used to protect the Intellectual Property Rights associated with the software. Essentially, copyright for software is employed by software companies to reduce and prevent unauthorized copying of the software, which is also referred to as software piracy or software infringement. In case of software offered under free and open source licenses, software owners depend upon the copyright law to enforce their legal rights.

Overview of Indian Copyright Laws for Software Protection

In accordance with Indian copyright laws, computer software can be protected as literary works, wherein a “computer program” is defined as a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.

Software Copyright In India

Effectively, copyright protection for computer programs prohibits unauthorised copying and infringement of the computer program, including the structure and the design of the computer program.

In addition to the source code, additional aspects of the computer program and the software can be protected by filing appropriate copyrights for the graphics, sounds, and appearance of a computer program. Consequently, by filing multiple copyright applications to protect different aspects of the software / computer program, legal proceedings for intellectual property infringement can be initiated and IP rights can be enforced even if the source code of the software is not copied by the offending party / infringer.

In addition, it is also advisable to protect future modifications and improvements of the software and the computer program by way of multiple copyrights and patent applications, which can provide strong protection of various technical features and different aspects of the software.

End User License Agreement – EULA

An EULA is a legal contract between the author or publisher of a software program / mobile application and the user of such application. The EULA is crucial document relating to intellectual property rights associated with the software and the computer program and it is generally executed digitally wherein the users are required to click-through and accept the terms of the software license agreement. Various provisions of the license agreement are drafted to ensure the source code and other aspects of the software / computer program are not copied and / or reverse engineered by the users illegally, which may amount to intellectual property rights infringement of the author / publisher / owner of the software program.

Drafting End User License Agreement – EULA

Generally, a software license agreement is termed as EULA or End User License Agreement. EULA is aimed at defining the relationship between the software company and its customers or clients that primarily govern the rights and usage associated with the software purchased by the clients from the software development company.

Types of Software License Agreements

Various types of software license agreements include:

  1. Singe User Software License Agreement
  2. Multi User Software License Agreement
  3. Local Reseller Software License Agreement
  4. International Reseller Software License Agreement
  5. Enterprise Software License Agreement
  6. Non-profit Software License Agreement
  7. Privacy Policy for Data Protection

EULA Clauses

Content of EULA includes important legal provisions, such as, for example, but not limited to:

  1. General Information of Parties
  2. Software License Details – Term, Duration, Date etc.
  3. Price of Software License
  4. Ownership of Software Code
  5. Intellectual Property Rights and Copyright Ownership
  6. Prevention of Software Abuse
  7. Prevention of Copying, Modification, Redistribution and Reselling of Software
  8. Definition of Software License, which may not amount to selling of software ownership
  9. Legal Disclaimers and Warranties
  10. Limitation of Liability
  11. Right to Terminate Software License
  12. Exclusive or Non-Exclusive Software License
  13. Non transferable license
  14. Breach of terms and termination provision
  15. Governing Laws and Jurisdictions
  16. Technical and Customer Support
  17. Software Restriction Clauses
  18. Contact Information

Assignment of Software Copyright

In accordance with Indian laws and the Delhi High Court judgement in the case of Pine Labs Private Limited vs Gemalto Terminals India Private Limited, the author of the source code owns the original copyright of the software program and the same is required to be assigned to the owner / publisher of the software by way of Software (Intellectual Property) Assignment Contract. Furthermore, while drafting software assignment contracts, the term of assignment and jurisdiction should be clearly specified to ensure perpetual ownership of the software worldwide.

Frequently Asked Questions (FAQs) on Software Copyright in India

Whether computer Software or Computer Programme can be registered under copyright law?

As specified by the Indian Copyright Office, copyrights pertaining to software and computer program can be registered by way of one or more copyright applications to protect corresponding intellectual property rights (IPRs). In accordance with the Indian Copyright laws, Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ has also to be supplied along with the application for registration of copyright for software products.

How do you get a copyright for software?

The first step to obtain copyright protection for a software / computer program is to determine if the subject matter of said software / computer program is eligible for copyright protection. An experienced copyright attorney or intellectual property law firm can assist in determining whether one or more aspects of the computer program / software are protectable by a copyright. As per copyright laws across multiple jurisdictions, a copyright protects “original works of authorship” that are in a tangible form or expression.

Manual of Patent Office Practice and Procedure of Software Patents in India

The Indian patent office has published a manual of patent office practice and procedure, which explains the functioning of the patent office by describing multiple steps of the patent registration process in India, including, patent application filing, patent prosecution, patent examination, issuance of patent examination report, patent hearings, patent grant, issuance of patent certificate, pre-grant patent opposition, post-grant patent opposition, and renewal of granted patents in India.

Software Patent in India – Indian Patent Office Manual

After going through the patent office manual, it can be concluded that although Indian patent laws excludes business methods, mathematical formulae and computer programs per se from patent protection, software patents can be granted in India for innovations that are able to stand the test of patentability.

Writing a Provisional Software Patent Specification to be filed before USPTO

Writing Software Patent Application

Essentially, a provisional patent application based for software innovation includes:

  • Title of the invention
  • A short abstract (150 words maximum)
  • Background of the invention and related Prior arts
  • Detailed description/Specification describing how to make and use the invention. Flowcharts and/ flow diagram to execute the software algorithm
  • Patent Claims not required for a provisional patent specification

Tips For Writing Non-Provisional Software Patent Application

Step 1: Prepare rough flow diagram illustrating main steps of executing the algorithm.

Step 2: Prepare detailed flowcharts illustrating detailed steps along with determination steps as to what will happen if a particular transition step takes place.

Step 3: Software based block diagrams can be prepared to show more details for particular steps.

Once, the above mentioned diagram are handy write the patent application detailed description section describing what is done at each step of the algorithm and how to do it. As required under Section 112 of US Patent Laws, describe both the best way to perform the best mode or preferred embodiment of the invention and all the possible other embodiments that you can think of to execute the software based codes to solve the problem.

Mobile Application Patent Drafting

Guide to Software Patenting

Strong patent claim drafting skills can make the difference for a grant of software patent application by the patent examiner. However, writing a patent specification for information technology domain, software business app or mobile applications, cloud computing or IoT (Internet of Things), and subsequently drafting the required patent claims are highly technical in nature.

As a patent drafter, the real skill is to write about all the different sections of a patent application in detail and at the same time it has to be precise, as these have to be in accordance with proper formats specified by the respective patent office. Specifically, writing patent claims is most important part of patent drafting process.

Most important sections in a software patent application:

  • Patent claims (independent patent claims and dependent patent claims)
  • Writing about one or more embodiments, and
  • Flow diagram and/ flow chart providing details of the algorithm

Software program is not a tangible object and they may not be patentable under the definition that a new, useful, and non-obvious process or product is a patentable subject matter under 35 U.S.C. (United States Constitution) §101. 

Therefore the patent writer should be expert in patent application drafting techniques that includes strong patent claims to define the boundary of the invention, details about one or more embodiments, and drawing sections of patent applications.

As discussed earlier, software program is not a tangible object and to make software programs patentable, inventors must propose and create a tangible product which contains the invented software program. For example, when an inventor puts his sensor program, which starts the car engine with one touch finger, into a general purpose computer, this computer is not merely “a general purpose computer” anymore. This is a sensor machine, making it a patentable product even though the sensor software program itself is not patentable.

Best Practices to follow while writing Patent Claims: 

While writing the patent claims use of specialized language expressions provide better protection from patent infringers. For example, when an invention contains a particular component, patent writers need to describe it not as one component but “at least” one component. 

“At least one” refers to “one or more”  components and therefore if a granted patent claims contains ” one ” or “at least one” will make a lot of difference if an infringer infringes upon the patented product. This example illustrates a need for language manipulation in patent claim writing. 

To Read more about writing software based patents: Click here

How to get Patent for my Invention & Idea Globally?

How to patent business technology. Contact our patent experts for reviewing your tech application.

How to Patent an Idea Internationally: Decide whether you need an International Patent for Invention

How to patent guide for startups: Individual inventors and startups who think and dream big often come up with patentable ideas for which they wish to file international patents. The inventive concept has to be protected legally before any other party can copy it. Before beginning the process and steps to file an international patent one should ask the question when is the right time to file or apply for international patent. As a business owner if you are thinking about expanding your business in one or more foreign countries, getting an international patent under Patent Cooperation Treaty (PCT) system is a good option.

International Patent Attorney

International Patent Registration

Our team of international patent attorneys are based in Asia. We would like to explain with you about international patents & how to patent innovative systems. How do you get worldwide protection for your invention? Many foreign inventors think and have a point of view that filing international patents gives and grants them protection in 140+ countries across the globe. However, this is not TRUE. The advantage of filing international patent for your invention  is entering the member countries of the Patent Cooperation Treaty (PCT) system in 30 or 31 months from the first patent filing date in the home country.

How to Patent: Cost for Filing International Patents

The cost of applying international patents will depend on many parameters. The first important consideration is whether the patent applicant is an individual or filing international patent as business entity. The cost and fee structure of PCT before WIPO is almost four times the individual fees for the business entity.

Another very important factor is selection of international searching authority (ISA) by the patent applicant. If you have already filed and applied for patent for your invention in home country you can file a complete patent application with patent claims as international patent before WIPO, Geneva. Filing a PCT patent application will cost approximately $1500-USD 2500 depending upon the patent applicant status and  selection of international searching authority (ISA). The PCT international patent provides the inventor with the legal right to enter international patent application in other countries under national phase for example in India: National Phase Patent Filling in India. So filing international patent in individual capacity can save cost for the international patent application.

Patent Research Attorney for Protecting Business Methods

Business method patent attorney will assist you understand how to protect business method by combining it with software application. A business method patent attorney is a technology lawyer & patent attorney manages the intellectual property practice at the law firm by focusing on strategic patent prosecution, drafting enforceable patent claims, writing local and international patent applications, patent counselling, patent portfolio management, and patent litigation, in the field of computer engineering, communications, and software technologies.

The patent projects begin by conducting patent prior art search, analysing patent eligibility by performing patentability analysis, drafting of the patent application, filing of parent patent application, filing PCT applications under International Phase and National Phase, responding to objections raised by patent offices, conducting patent hearings and drafting legal agreements and contracts in the business industry.

Computer Hardware and Software Inventions

Computer related Inventions (CRIs) Protection by filing Patents

Computer Hardware and Software Inventions can be patented subject to certain conditions. Among all intellectual property (IP) services in India, patent filing in India is most sought after specially in the case of technologies and innovations pertaining to computer hardware, software and other computer related inventions (CRIs). As per Indian Patent Office, patents are filed in India for innovations involving multiple aspects, such as, computers, computer systems, computer networks, computer related inventions (CRIs), computer hardware and software inventions, data processing systems, data processing methods, information technology, database creation, database processing, database management, software, functions, computer programs, firmware, embedded systems, technical effects and technical advancements.

After performing patent search and analyzing patent search results related to computer hardware and software inventions, it can be seen that most patents filed with patent claims defining computer hardware and software inventions can be categorized into method claims or process claims, apparatus or system claims, computer readable medium claims, or patent claims that are drafted to define a computer program product.

Indian Patent Office Procedure

Patent Examination Request in India

After filing a patent in India for computer related inventions (CRIs), computer hardware, and computer software, the provisions of Indian Patents Act requires the patent applicant to file a request for patent examination, following which the patent will be examined by the Indian Patent Office. The request for patent examination in India can be filed via Form 18 under e-filing mode or physical filing mode. The official fee to file Form 18 for patent examination request under patent e-filing mode is INR 4000, INR 10,000 and INR 20,000 for a natural person (individual patent applicant), a small entity and a legal entity respectively. For physical filing mode, official fee to file examination request vide Form 18 with the Indian patent office, the official fee is INR 4400, INR 11,000 and INR 22,000 respectively.

Patent Examination Procedure in India

After filing of patent examination request for patent applications relating to computer hardware, computer software and computer related inventions (CRIs), computer hardware and software inventions, the patent office examines the patent claims for patent eligibility or patentability, including novelty, inventive step (non-obviousness), and industrial application.

Non-Patentable Subject Matter in India

Section 3 of Indian Patents Act

In addition, the patent examiner also examines the patent claims under the subject matter of non-patentable inventions, specifically section 3(k) of the Indian Patents Act, wherein business methods and software per se are not patentable under the Indian patent laws. This implies that source code of software cannot be patented in India, and the patent laws only allow innovations satisfying the criteria of patentability to be registered as patents in India.

Software Patents in India – Best Practices

Software patent attorneys in India having expertise in patent searching, patent drafting and patent filing generally follow best practices for handling computer related patent matters, and computer hardware and software inventions in India. Patent lawyers and patent law firms in India handle all stages of patent process efficiently, including patent filing and registration, PCT National Phase Application Filing, and Patent Prosecution before the Indian patent office.

5 steps to obtain Patent in India for computer hardware and software inventions

The following 5 steps can be followed in India to obtain and register patents in five steps:

  1. Conduct a patent prior art search to see if the invention has potential to withstand the test of patent eligibility.
  2. Draft a strong patent application with comprehensive and enforceable patent claims
  3. File patent application in India, PCT international phase patent application with WIPO and PCT National Phase Application in multiple countries.
  4. Track patent examination process and understand objections raised by the patent examiner while issuing patent examination report, or first examination report (FER).
  5. Respond to objections properly and ensure timely compliance to proceed the patent towards registration stage and obtain patent registration certificate from the Indian patent office.

What is a business method patent?

Role of business method patent attorney

In the recent technology scenario, business method patents is a buzz word. Although, the word “business method patents” is not defined but in normal day use “business method patents” relates to a patent relating to a method of doing business. Examples for  any kind of business method patent will include DATA PROCESSING SYSTEMS OR METHODS, SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL, SUPERVISORY OR FORECASTING PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL, SUPERVISORY OR FORECASTING PURPOSES, NOT OTHERWISE PROVIDED FOR.

Business Method Patents: IPC G06Q

Most business method patents fall under IPC Class G06Q. The Patent Offices worldwide use IPC patent classification to classify patents that claim a system or apparatus and corresponding methods for performing data processing operations uniquely designed for processing data between servers, & handheld devices.

IPC G06Q 10/00   Administration; Management

G06Q 20/00    Payment architectures, schemes or protocols (apparatus for performing or posting payment transactions

G06Q 30/00        Commerce, e.g. shopping or e-commerce

G06Q 40/00   Finance; Insurance; Tax strategies; Processing of corporate or income taxes

G06Q 50/00 Systems or methods specially adapted for a specific business sector, e.g. utilities or tourism

G06Q 90/00 Systems or methods specially adapted for administrative, commercial, financial, managerial, supervisory or forecasting purposes, not involving significant data processing

Is Your Business Method Invention Patent Worthy? Ask & consult your business method patent attorney today

Over the years, the Patent Office have made very clear that a business method can be patented if it meets the standard requirements for patentability. The patentee of a business method patent can patent the business method if it is original, useful, and not obvious.

Examples of Business Method Patents drafted by business method patent attorney

Business method patents relates to a way of doing business which generates revenue for the company and at the same time provides user experience via user interface of the handheld device. Some recent examples of business method patents are:

United States Patent 9514462 granted to Google for content purchasing on a computing device. In one implementation, a computer-implemented method includes receiving, at a computing device and from a computer server system, digital content that is for sale and that is received without having yet been purchased by a user of the computing device; storing the digital content locally on the computing device in a manner that prohibits user access to the digital content; after storing the digital content: receiving user input that indicates the user is purchasing at least a portion of the stored digital content; and in response to the received user input, storing information that indicates the user purchased the portion of the digital content and providing the user with access to the purchased portion of the digital content; and in response to detecting that the computing device is communicatively connected to the computer server system over a network, providing the stored information to the computer server system.

United States Patent 8856922 granted to Facebook for management of reports related to imposter accounts in a social network system. In use, imposter account reports received by a social networking system are put into a report management process that routes the reports into other handling processes based upon the comparison of the probability of fraud in an alleged imposter account versus the probability of fraud in an alleged authentic account. The account determined to be most probably fraudulent is enrolled in an account verification process. In the account verification process, the account-holder is asked to verify their identity automatically. If the automatic verification fails to verify the identity of the account-holder, a manual process for verification is initiated.

Technology Business Corporate Lawyers

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

 

Software Patent FAQs:

How to Patent an Idea

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General Patent FAQs:

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

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

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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.

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

patent lawyer india USPTO Malaysia

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

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

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

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

What are Blockchain and Bitcoin?

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

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

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

Bitcoin Laws – Role of Bitcoin Lawyer

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

Blockchain Laws – Role of Blockchain Lawyer

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

What is a patent?

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

What are patent claims?

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

What does a patent protect?

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

Why are patents important for technology companies?

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

Journey of my blog from LinkedIn to 30+ news portals

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

Flagship Speaking Engagements

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

Featured Publications

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

Summary:

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

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

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

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

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

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

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

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

General Patent FAQs:

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

Flagship Speaking Engagements

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

Featured Publications

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

Tech Corp Legal – Indian Law Firm

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

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

software-patents-in-india

 

How are software patents granted in India?

Originally published here.

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

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

Does Indian patent law allow software patents?

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

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

How to apply for software patent in India?

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

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

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

How to patent a software in India?

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

How to patent a mobile application in India?

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

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

What are the examples of software patents in India?

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

Examples of software patents in India may be seen here.

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

Written by:

Rahul Dev,

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

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

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

Oroginally published here.

Cloud Telephony Product – Innovative Technology

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

mobile app software patents

Task – IP Protection

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

Patent Portfolio – Creation and Development

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

 

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

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

Patent Filing vs. Product Launch

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

Patent Strategy

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

Brand Protection – Trademark Registrations

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

Conclusion

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

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

Patent Drafting Resources

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

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

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

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

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

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

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

  8. What is the meaning of Patent Pending Status?

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

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

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

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

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

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

Discuss your Queries

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

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

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

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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

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

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

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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

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

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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

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

Featured Publications

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

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

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

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

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 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

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

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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

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

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

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

Originally published here.

patent enforcement lawyer attorney india

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

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

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

Patent Drafting Resources

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

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

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

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

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

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

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

  8. What is the meaning of Patent Pending Status?

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

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

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

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

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

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

Discuss your Queries

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

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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

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

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View our presentations here.

About the Author: Rahul Dev

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

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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

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

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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

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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.

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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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