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Patent Filing Law Firm India

April 2014
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Disclaimer

This blog does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create any business relationship. This blog is the personal weblog of the Authors; not edited by the Author’s employers or clients and, as such, no part of this weblog may be so attributed. This blog will always strive to be unbiased in its reporting. Though posts on this blog are thoroughly scrutinized before posting but should be double-checked for their accuracy and current applicability.

Published Patent Information by Indian Patent Office on 18th April 2014

IP Services in India| IP law firms in Delhi|Patent Design registration in India| Patent Inventions Published By CGPDTM of Indian Patent and Trademark Office, India

Patent Filing Services| Patent Prosecution Services| Patent Registration in India| Patent Filing in US| Patent Filing in Europe| Filing Patent Worldwide

Disclaimer:
This post is no way related to Indian Patent office (IPO) or any of its subsidiaries. All the posts/comments are only for general information or use and it should not be relied on as official notice. Every care has been taken to ensure the accuracy of information furnished in this post, authors do not accept any responsibility or liability for any damage or loss arising from the direct or indirect use of the contents provided on this post. We can be reached at info [at] techcorplegal [dot] com

WHY PATENTS ARE IMPORTANT FOR DEVELOPMENT?| Understanding International Patent Classification (IPC)|World Intellectual Property Organization

Understanding International Patent Classification (IPC) with Examples|World Intellectual Property Organization

Manually curated list of patents granted in different technology domains on 7 march 2014 by indian patent office ipo| Patents granted by indian patent office ipo from Prity Khastgir, Patent Attorney India Intellectual Property Law Firm IPR India

 

Importance of Patents

A patent right is one of the forms of intellectual property rights (IPR) protection that enables innovators and inventors to prevent other third party entities from making use of their ideas. Patents are of prime importance for the individual inventor whose rights are protected and for the growth of the economy.

Patent laws can ensure that no one is able to take unfair advantage of the research work and ideas of other inventors. Patents can help to ensure that technology based businesses and individuals research work to create new innovations, can help to provide an important boost for the economy growth.

By protecting a new  research idea for a process/ method or product, patents make it possible for individual inventors and businesses to protect their work and time investments. Without the help of this kind of IP protection, it would not be worthwhile for people to invest large amounts of money in novel inventions since they would not be able to prevent their competitors from immediately making use of their invention.

International Patent Filing in India FAQ

Does an International Patent Application filed under Patent Cooperation Treaty (PCT) designating India be treated as a patent application for grant of patent under the Indian Patent 1970 Act?

Yes, an international patent application filed under Patent Cooperation Treaty (PCT) designating India shall be treated as a patent application for patent under the Indian Patent Act if filed within 31 months from the earliest priority date of the patent application before the Indian Patent Office.

Will filing a patent application under PCT grant worldwide patent protection?

No, the Patent Cooperation Treaty (PCT) patent application doesn’t provide universal or worldwide protection for a claimed invention. The international patent application only provides interim way out to extend the time line for filing the patent application in other foreign countries. The time available under Paris Convention for securing priority of the patent application in other countries is 12 months from the date of initial filing. Under the Patent Cooperation Treaty (PCT), the time available could be as much as minimum 20 and maximum 31 months in case of India. Moreover, a patent inventor is also benefited by the international search report prepared under the PCT system to be sure that the claimed patent invention is novel and non-obvious to a person skilled in the art. The patent inventor can also select for preliminary examination before filing in other foreign countries to be very positive about the patentability of the claimed invention.

Required Details and Patent forms for filing of Patent Application in India | National Phase Patent Filing in India (PCT)

  1. Complete Patent Specification including patent claims (Patent Form 1, Patent Form 2, Patent Form 3 and Patent Form 5)
  2. Patent Drawings (if any)
  3. Patent Priority Documents
  4. Patent Abstract
  5. International Search Report (ISR)
  6. International Preliminary Examination Report
  7. WIPO Patent Publication
  8. Power of Attorney

To read more on Filling International Patent Application under National Phase in India before Indian Patent Office: Click Here

To read more on Prior Art Searching in India: Click Here

Visit our Business Blog homepage: http://research.techcorplegal.com/

International Technology Business & Patent Law Firm in India: Patent Drafting, Patent Drafting Services, Patent Claim Construction, Patent Drafting From Invention Disclosure, Patent Drafting in India, Patent Draft, Patent Searching, Patent Filing in India, PCT National Phase Filings in India: http://www.techcorplegal.com/

International Business & Management Company in Singapore: Starting a Business in Singapore: http://www.techcorpgroup.com/ Contributors: Prity Khastgir and Rahul Dev We regularly update our Facebook page and share similar stories on Twitter. You can also check out our premium service offerings for Mobile Applications, Social Media & Cyber Laws , Pharmaceuticals, Biotechnology, Food & Healthcare and Starting a New Business in Singapore|Singapore Business Guide

To know more about us, get connected with us on LinkedIn or mail us at info [at] techcorplegal [dot] com

Disclaimer

Tech Corp Legal LLP presents a summary of patent specifications with associated drawings for journalistic news purposes as each such patent application is disclosed by the Indian Patent Office in the official patent journal. Full text of any patent specification should be read in its entirety for full and accurate details by downloading the patent specification from the Indian Patent Office website. Tech Corp Legal LLP is no way associated with the above mentioned company/individual(s) in any manner whatsoever. About Comments: Tech Corp Legal LLP reserves the right to post, dismiss or edit comments.

 

Healthcare IT Industry Trends- 2014 | Wearable & Fitness Tech Trends| Software Technology

Wearable & Fitness Tech Trends|Healthcare IT Industry Trends- 2014| Software Technology

Health and Fitness Tracking Devices – Trends 2014 | Top Players: Apple, Nike, Fujitsu. Headphones with Integrated Activity, Apple Patents, Wearables, Inventions and Patents Rahul Dev, Advocate, Patent Attorney, Trademark Lawyer, India

Patent Filing Trends: 

With an advent increase in the usage of devices (like smartphones), no. of patents filed has increased in past 4-5 years. A recent drop may be seen due to recently filed patents, which have not been published yet. 
Patent Trends – Most Relevant Patent Classifications 
The analysis revealed that some of the most active patent classes (US Class or USPC) are: 
600/300 – Diagnostic Testing 
600/509 – Detecting Heartbeat Electric Signals 
600/508 – Evaluating Heart Condition 
340/572.1 – Communication – Detectable device on protected article (e.g., “tag”) 
607/36 – Electrical Application – Feature of stimulator housing or encapsulation 

Remaining class details may be seen at US Patent office website (USPTO – http://www.uspto.gov/

Health & Fitness Tracking – Expectations in 2014 
Multiple health and fitness tracking devices are expected to be launched soon. Here’s a brief review of two latest devices, along with corresponding patents. 

Basis Health Tracker 
Health tracking device by Basis Science Inc is aimed at targeting the measurement of movement user’s body makes throughout the day and subsequently tracks the habits of such movement. As a differentiator, Basis’s health tracker accounts for actual heart rate, skin temperature and perspiration into its data. By using the body’s actual chemistry, the device is able to provide an accurate and comprehensive fitness trackers for recording calories burned, intensity of movement and useful patterns in the user’s habits. 

The device can be easily perceived as a wristwatch with an elegant black square face, black or white plastic straps and a trans-reflective LCD display. The user is required to wear the health and fitness tracker and it does all the work and the device is smart enough to determine a transition from one activity to another, and it syncs this information to the smartphone 

Keep following this space for more such updates.

If you need business advisory services, you can refer to our Business Accelerator (TechCorpCapital), our law firm (TechCorpLegal) and our tech business consultancy (Tech Corp International Consultants, Singapore).

For technology specific advisory, you can refer to our premium service offerings for Mobile Applications, Social Media & Cyber Laws (CyberCorpLegal) and Pharmaceuticals, Biotechnology, Food & Healthcare (BioCorpLegal).

To know more about us, get connected with us on LinkedIn or mail us at info [at] techcorplegal [dot] com

Join the discussion now:

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LinkedIn Group: Dev Academy | LinkedIn

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Follow us on Twitter: Dev Academy (TheDevAcademy) on Twitter

Follow Dev Academy on Facebook: Dev Academy | Facebook Page

Disclaimer: It is strongly advisable to take professional legal advice and the information presented herein and on this website is personal opinion of the author. Readers are free to share, distribute or disseminate the content of this website by including the text “Copyright 2010-2013, Tech Corp Legal LLP” along with a URL for this web site in each article posted or published elsewhere. The sale or any other commercial exploitation of the content of this website, in whole or in part, is strictly prohibited. More details: Disclaimer, Non-Solicitation & Liability.

Business Strategy 101 for Business Owners, Small Businesses, Entrepreneurs & Startups

Legal Strategy is crucial for business and so we present this event based on the theme of

Legal Basics for Small Business, Entrepreneurs & Startups

The event will be organised as a part of DIY series to equip the entrepreneurs and the wannabe entrepreneurs with the legal skills required for their ventures. The knowledge will help in tackling the legal issues encountered during the life cycle of a business. There’ll be discussions on common legal mistakes and the steps to avoid them.

Detailed Agenda:

Session on legal aspects of Startups: Legal Do’s and Don’ts of startups, the right legal business structure,Intellectual Property (IP), the legal aspects of brand names, branding strategy & trademarks, company incorporation etc.

(a) Incorporation & Selecting a Business Entity

(b) Basics of Fundraising

(c) Crucial Agreements

(d) Dispute Avoidance & Resolution

In short you’ll be equipped with all the legal basics you need in your entrepreneurial journey.

Ask Your Legal Queries

If you have any questions, just fill this form and we will try to answer the same. Featured questions may be published on our website and blogs for educational purposes. Click here.

corporate lawyer attorney india law firm

 

Summary

Adovcate Rahul Dev Patent Trademark Attorney Corporate LawyerArticle Title

“Upcoming Event – DIY (Do it yourself) Entrepreneur: The legal primer for entrepreneurs”

Author: Advocate Rahul Dev

Description

Legal Strategy is crucial for business and so we present this event based on the theme of “Legal Basics for Small Business, Entrepreneurs & Startups”.

Keep following this space for more such updates.

If you need business advisory services, you can refer to our Business Accelerator (TechCorpCapital), our law firm (TechCorpLegal) and our tech business consultancy (Tech Corp International Consultants, Singapore).

For technology specific advisory, you can refer to our premium service offerings for Mobile Applications, Social Media & Cyber Laws (CyberCorpLegal) and Pharmaceuticals, Biotechnology, Food & Healthcare (BioCorpLegal).

To know more about us, get connected with us on LinkedIn or mail us at info [at] techcorplegal [dot] com

Join the discussion now:

Google Group Discussion Forum

LinkedIn Group: Dev Academy | LinkedIn

Facebook Group: Dev Academy | Facebook

Google Plus: Dev Academy – Google+

Follow us on Twitter: Dev Academy (TheDevAcademy) on Twitter

Follow Dev Academy on Facebook: Dev Academy | Facebook Page

Disclaimer: It is strongly advisable to take professional legal advice and the information presented herein and on this website is personal opinion of the author. Readers are free to share, distribute or disseminate the content of this website by including the text “Copyright 2010-2013, Tech Corp Legal LLP” along with a URL for this web site in each article posted or published elsewhere. The sale or any other commercial exploitation of the content of this website, in whole or in part, is strictly prohibited. More details: Disclaimer, Non-Solicitation & Liability.

Business Trademark Research & Brand Protection|Different types of Trademarks| Trademark Class 2 for Paints and Varnishes

Trademark Class 2 for Paints and Varnishes| Business Trademark Research & Brand Protection|Different types of trade marks| Trademark Class 2 for Paints and Varnishes 

Business Trademark Research & Brand Protection| Protect & Earn value of your brands for your customers| What is a TM? What is a brand? Registering company names| Different types of trade marks| Trademark Class 2 for Paints and Varnishes 

-Applying for a TM 
-Applying for a SM 
-Online TM Services 
-Managing your trade marks 
-Other people’s TMs 
-Trademark services 
-Design Registration in India 
-Copyright 
-Other protection 

Internet Domain Names| Acceptable and unacceptable trade marks 

Contact Us 24/7 
info [at] techcorplegal [dot] com 

Your One Stop Solution Provider for All Your Intellectual Property Needs Ends Today !! 

We are team of Registered Patent Attorneys, Indian Patent Agents certified by the Indian Patent Office, with law office in New Delhi, National Capital of India. 

Are you an individual researcher or inventor with a new or improved innovation, idea, invention, product, or method, process or do you have a business and have coined a new name, slogan, or design you wish to protect by filing for trademark or design protection in India? 

Are you a business owner and have a new product, method or service stream that will allow you to better survive in the competitive marketplace, or do you use a trademark or service mark properly while marketing your product or method? 
Are you an patent attorney seeking reliable offshore patent counsel with a good track record and can file your clients patent applications with the Indian Patent Office? 

To know more about Patent Filing Procedure before Indian Patent Office: Contact Us 

Patent Filing in India will protect your technology from being copied by third party.Patent Office India in situated in Delhi, Mumbai, Chennai and Kolkata respectively. For Patent Filing in India, the inventor should discuss his invention with a techno-legal patent lawyer. 

International trademark classes 
GOODS 

CLASS 1 (Chemicals) Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. 

CLASS 2 (Paints) Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. Explanatory Note This class includes mainly paints, colorants and preparations used for the protection against corrosion. Includes, in particular: paints, varnishes and lacquers for industry, handicrafts and arts; dyestuffs for clothing; colorants for foodstuffs and beverages. 
CLASS 3 (Cosmetics and cleaning preparations) Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Patent Searches, Patent Preparation, Patent Prosecution & Patent Litigation Support, Patent Illustrations, Patent Translation, Brand Enforcement, Trademark Watch, Design Searches, Trademark Searches & Paralegal Support

Patent and Intellectual Property Support Services:

Our core services are aimed at providing a diverse range of Patent and Intellectual Property support, including:

  1. Patent Searches & Patent Drafting

  2. Patent Prosecution & Office Action Response

  3. Patentability & Infringement Analysis

  4. Patent Invalidation Search & Analysis

  5. Freedom-to-Operate Studies

  6. Strategic IP Consulting & Due Diligence

Patent Outsourcing| Patent Research, Patent Drafting, Patent Prosecution

Patent Research, Patent Drafting, Patent Prosecution Services

Patent Searches, Patent Preparation, Patent Prosecution & Patent Litigation Support, Patent Illustrations, Patent Translation, Brand Enforcement, Trademark Watch, Design Searches, Trademark Searches & Paralegal Support Services

Patent Searches, Patent Preparation, Patent Prosecution & Patent Litigation Support, Patent Illustrations, Patent Translation, Brand Enforcement, Trademark Watch, Design Searches, Trademark Searches & Paralegal Support

Patent and Intellectual Property Support Services:

Our core services are aimed at providing a diverse range of Patent and Intellectual Property support, including:

  1. Patent Searches & Patent Drafting

  2. Patent Prosecution & Office Action Response

  3. Patentability & Infringement Analysis

  4. Patent Invalidation Search & Analysis

  5. Freedom-to-Operate Studies

  6. Strategic IP Consulting & Due Diligence

Our clients include several international law firms, global multinationals, SMEs, universities and inventors

Trademark Research & Brand Protection| Understanding Intellectual Property & Brand Trademark in Class 1 Chemical Products

Trademark Research & Brand Protection| Protect & Earn value of your brands for your customers| What is a TM? What is a brand? Registering company names| Different types of trade marks| Trademark Class 1 for Chemical Products

-Applying for a TM

-Applying for a SM

-Online TM Services

-Managing your trade marks

-Other people’s TMs

-Trademark services

-Designs

-Copyright

-Other protection

Patent Searches, Patent Preparation, Patent Prosecution & Patent Litigation Support, Patent Illustrations, Patent Translation, Brand Enforcement, Trademark Watch, Design Searches, Trademark Searches & Paralegal Support Services

Frequently Asked Questions:

What is an international patent protection? What protection does a patent offer?

worldwide patent protection does not exist. However, worldwide patent protection is available. By filing an international patent application before WIPO or PCT application (Patent Cooperation Treaty), this protection can be arranged for a large number of countries under PCT. After filing PCT application, individual patent application has to be filed in every country via the PCT route.

Visit: www.techcorplegal.com

New IPO Patent Amendment Rules, 2014| Increase in Indian Patent Filing Fees| Introduction of Small Entity

Msme patent Micro, Small And Medium Enterprises Development Act2006 FORM 28

Get your business venture registered under Micro, Small And Medium Enterprises Development Act, 2006 (MSMED, Act 2006) to avail government subsidiaries in India

Recently, the Central Government by exercising the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970), has made Patents Amendment Rules, 2014. The Patents Amendment Rules, 2014 has been published by the Government of India, Ministry of Commerce and Industry (Department of Industrial  Policy and Promotion) by notification vide dated 28/02/2014 in Part II, Section 3, Sub-Section (i) of the Gazette Of India, Extraordinary on 28-2-2014.

The Indian patent office has announced new patent fee schedule and has proposed some amendments via Patents (Amendment) Rules 2014 for filing patent applications before the Indian Patent Office and for prosecuting Indian patent applications before the IPO. The Patents (Amendment) Rules 2014 has been notified and the patent amendments are published in Gazette Of India, and the effective date of publication is Feb 28, 2014.

In accordance with the new patent amended rules, if the patent applicant files patent application in physical mode before the patent office, they have to bear extra 10% percent additional official patent fees. Currently it seems, the Indian Patent Office wants the patent firms, intellectual property law firms, patent attorneys and the patent applicants to file patents via online e-filling route as the patent fees is reduced when the patent applications and other patent forms are filed via e-filing.

In rule 2 of the Patents Rules, 2003 (hereinafter referred to as the principal rules), after clause (d), the following clause has been introduced:
‘(da) ” person other than a natural person” shall include a “small entity”;
(ii) after clause (t), the following clause shall be inserted, namely:—

‘(fa) “small entity” means,-

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

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

The word “enterprise” means an industrial undertaking or a business concern or any other establishment, by whatever name called, engaged in the manufacture or production of goods, in any manner, pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951) or engaged in providing or rendering of any service or services in such an industry.

However, in calculating the investment in plant and machinery, the cost of pollution  control, research and development, industrial safety devices and such other things as may be specified by notification under the Micro, Small and Medium Enterprises Development Act, 2006 (27 of2006), shall be excluded.

MSME Registration under Micro, Small And Medium Enterprises Development Act, 2006 (MSMED, Act 2006)

Patents amendment rules 2014,Declaration by Small Entity,MSME Registration under Micro, Small And Medium Enterprises Development Act, 2006 (MSMED, Act 2006)

No.

Type of Enterprise

Manufacturing Industry

Service Industry

(Investment in Plant and Machinery)

(Investment in Equipments)

1

Micro

Does not exceed Rs. 25 Lakh

Does not exceed Rs. 10 Lakh

2

Small

Exceeds Rs. 25 Lakh but does not exceed Rs. 5 Crore

Exceeds Rs. 10 Lakh but does not exceed Rs. 2 Crore

3

Medium

Exceeds Rs. 5 Crore but does not exceed Rs. 10 Crore

Exceeds Rs. 2 Crore but does not exceed Rs. 5 Crore

 Provisional Registration:

Provisional registration is granted to a unit at its pre-investment period to enable it to take necessary steps to apply for financial credit, land or an industrial set, water, power or telephone connections, etc.

Permanent / Final Registration:

A provisionally registered industrial unit is a unit when it is about to start the production  and apply for grant of Permanent / Final Registration. An existing and functioning industrial unit is eligible to apply for Permanent / Final Registration without going for provisional registration processes.

  • Form 7A introduced for filing Pre-grant opposition
  • Form 28 (Declaration by Small Entity)

Online Patent Filing:

The comprehensive online patent filing was launched in December 2012. However, many a times the online patent filing system is not working and suffers from many disadvantages:

  • For filing online patent forms the patent applicant needs to procure digital signature without which the patent forms cant be submitted.
  • Although the patent forms are filed online, the patent applicant needs to send originally signed  hard copy of the patent forms to the Indian Patent Office in accordance with the jurisdiction.
  • Many a times, while submitting the patent documents, database or server error takes place which is very frustrating.
  • The patent applicant cant upload Form 3 directly and the manual entry of too many countries in Form 3 is pain staking.
  • There is no online technical support from the Intellectual Property Office.

The need of the hour is that the Indian Patent Office (IPO) must provide 24×7 online support to the patent applicants with detailed guidelines on how to use online patent filing user interface. Generally it is noted that on weekends the patent database servers are down for maintenance.  

My personal experience after submitting online patent specification is good :)  . However, the whole online filing database and server has to be maintained properly by the IPO as there will be increase in online patent filings in the days to come.

 Patent Filing  Law Firm In India, Changes to India's Patent Rules, patent attorney, technology lawyer

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