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Indian ICT patent services

Indian ICT patent services (7)

Friday, 24 November 2017 12:35

Benefits for Startups and SME’s

With the introduction of National IPR Policy 2016 an initiative was taken to setup a vibrant Intellectual Property (IP) ecosystem which will enhance the socio-economic development of India. Knowing the importance and significance of MSMEs as a growth driver of our country, steps are taken to devise mechanisms so that benefits of the IPR regime reach all inventors, especially MSMEs, start-ups and grass root innovators. Customized programs catering to specific needs of industries, MSMEs, start-ups, have been started which include:

Scheme for Facilitating Startups intellectual Property Protection (SIPP)

The SIPP is a scheme by the Department of Industrial Policy and Promotion that aims to promote awareness and adoption of Intellectual Property Rights amongst startups. The scheme is inclined to nurture and mentor innovative and emerging technologies coming out of startups and assist them in protecting and commercializing the IPRs by providing them access to high-quality IP services and resources.

For further information about the scheme please visit

http://www.ipindia.nic.in/writereaddata/Portal/News/323_1_Scheme_for_facilitating_start-ups.pdf

Rebate in fess for Startups:

Indian Patent Office provides 80% rebate in patent filing fees and expedited examination for patent applications of startups.

For further information please visit:

http://www.ipindia.nic.in/writereaddata/Portal/IPORule/1_42_1_Patent__Amendment_Rules_2016_16May2016.pdf

SIP-EIT:

The Ministry of Electronics and Information Technology (MeitY) has launched a scheme titled Support for International Patent Protection in E&IT (SIP-EIT) to provide financial support to MSMEs and Technology Startup units for international patent filing to encourage innovation and recognize the value and capabilities of global IP along with capturing growth opportunities in ICTE sector.

For further information about the scheme please visit

http://ict-ipr.in/sipeit/login

Thursday, 23 November 2017 05:14

Searching for Indian Patents

The IPO had launched Indian Patent Advanced Search System “InPASS” on 27th February, 2015. InPASS is a platform which provides extensive search across entire range of existing Indian patent database. It allows a full-text search to be conducted through all the Indian patent applications. Patents are a major source of technological and competitive information as well as technological intelligence in todays’ highly competitive business environment.

For further information please visit :http://ipindiaservices.gov.in/publicsearch

Wednesday, 22 November 2017 12:16

Indian Forms & Fees

A new set of rules, revising the patent fee structure and encouraging online filing came into force on 28 February 2014. To encourage the trend of online filing, the forms and fees have again been modified by the IPO with the amendment in the Patent Rules in the year 2016.

For more details please visit the below link:
http://www.ipindia.nic.in/form-and-fees.htm

Wednesday, 22 November 2017 11:57

Indian Online Services & Filing

e-Filing of Patents

In order to ease the process of filing patents in India, the Indian Patent Office(IPO) has introduced e-filing patent services. With the introduction of ‘Comprehensive E-filing’, the process of filing patents has become more user-friendly and relatively faster. Filing of patent application online is simpler, faster and a more cost-effective means.

For e-filing, applicant / agent must have a digital signature. For the first time, applicant / agent has to register as a new user and has to create login ID and password on the Patent office portal. A preliminary Software (Client Software) has to be downloaded from the above-mentioned site and has to be installed on the host computer. With the help of said software, an XML file gets generated and all the relevant documents (i.e. Form 1, Form 2, Form 3, etc.) in soft copy have to be uploaded. An Application number and CBR receipt gets generated after successful uploading. Major objectives and purpose of providing the facilities of e-filing is to save time and other hazards to protect the priority date of Application and time line to enter into National Phase Application, Patent of Addition and Divisional Application within time frame, in case of last moment instruction from applicant to agent. The applicant / agent will receive the filing receipt and CBR immediately after acceptance of Application in the software, with Patent Application number, date and time of filing.

Directly browse the link below to file patent online
(https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin)

Manual for e-filing

Manual for e-filing is athe guide to provide information about how to file a patent online in an exact and correct manner. The online manual explains step by step procedure to be followed while filing a patent online. The link below provides detailed information about the same.

https://ipindiaonline.gov.in/epatentfiling/UsefullDownloads/Comprehensive%20efiling%20manual.pdf

Online Services Provided by IPO

Indian Patent Public Search

Indian patent public search is the platform which provides extensive search across the entire range of existing Indian patent database. Patents contain a lot of information and this huge information is a source for various technological and competitive insights. Companies use patent information to gain strategic advantage, as patents are an important source of technological intelligence.
The link given below navigates you directly to the Indian patent database search named In PASS.

(http://ipindiaservices.gov.in/publicsearch)

Dynamic Patent Utilities

Under Dynamic patent utilities service, a user is able to browse information about existing patents in the database such as expired patents, First examination Report (FER) etc.

The following link provides details about specific information about patents.

(http://www.ipindia.nic.in/writereaddata/images/pdf/patent-dynamic-utilities.pdf)

Patent Journal

The Official Patent Journal of the Indian Patent Office is published by the Controller every Friday on a weekly basis covering various proceedings on patents according to the provision of Section 145 of the Patents Act 1970. The Journal contains information about all the activities related to patents such as publication of all the patent applications after 18 months period, grant of patents and all other information in respect of the proceedings undertaken at patent office as required under the provisions of the Patents (Amendment) Act, 2005 and Rules (as amended upto date).

For further information: http://www.ipindia.nic.in/journal-patents.htm

Other Services related to Patents

  • The Controllers' Decision : The decision regarding proceedings and hearing against specific patent application can be viewed under this section. 
  • Cause List for Hearing Cases of All Location: This new facility which is introduced with the recent amended rules 2016, facilitates hearing through video-conferencing or audio-visual communication devices.
Wednesday, 22 November 2017 10:07

International Route

Patent cooperation treaty

The Patent Cooperation Treaty (PCT) is an international treaty with more than 145 Contracting States. It is administered by the World Intellectual Property Organization (WIPO). Indian citizens can file a PCT application within 12 months from the priority date at receiving offices in India, i.e. Delhi, Kolkata, Mumbai and Chennai, or directly with the International Bureau of WIPO. Here, it may be noted that if the international filing is within 6 weeks from the date of filing in India, such filing shall be made after taking permission u/s 39 from the Indian Patent Office.

After the PCT application is filed, the applicant gets an International Search Report (ISR) and a written opinion on the patentability of the subject matter. On receipt of the International Search Report, the applicant may amend the Claims (under Article 19 of PCT) in light of the International Search Report with effect in all designated States, within two months from the date of transmittal of the international search report to the International Bureau and to the applicant by the International Searching Authority, or 16 months from the priority date, whichever time limit expires later. However, any amendment made under Article 19 which is received by the International Bureau after the expiration of the applicable time limit is considered to have been received by the Bureau on the last day of the time limit if it reaches before the technical preparations for international publication have been completed.

The applicant may also file a demand for an International Preliminary Examination. Thereafter the applicant may decide to enter into the national phase.

In PCT mode of filing, national route follows the international route; hence it is necessary for an applicant to file a national phase application in each designated country where protection is required for within the time prescribed under PCT i.e. within 30 or 31 months from the priority date. Indian Patent Law provides a maximum time limit of 31 months from the priority date. Some countries allow extension of such time limit on payment of additional fee.

For more information please visit: http://ipindia.gov.in/writereaddata/images/pdf/pct-filing.pdf

A diagram showing the entire timeline of the PCT process is outlined below:

PCT Timeline

Paris Convention

There are 177 countries (members) are signatories to the Paris Convention as of now. India is also a signatory to this convention. Under this convention, Indian citizens can file in member countries within 12 months from date of filing at IPO (priority date). Similarly, India also allows filing of new patent applications by member countries within 12 months from the priority date of that country. It is then followed by normal filing procedure at IPO.

Direct Foreign Filing

For Indian citizens who are not willing to file patent application in India and want to file directly a foreign patent application (PCT application or in other countries) it is mandatory to take permission for such filing from the Controller at IPO under section 39 (Foreign filing License). If such permission is sought along with the application there is a probability that the permission may be deferred and the application may be referred to DRDO / Department of Atomic Energy for their directions.

For more information please visit:

http://www.ipindia.nic.in/writereaddata/Portal/IPOGuidelinesManuals/1_28_1_manual-of-patent-office-practice_and-procedure.pdf

Wednesday, 22 November 2017 09:07

National Route

Indian Patent Filing Route

Indian patent application can be filed at Indian Patent Office (IPO). The IPO operates from four locations in India namely Delhi, Mumbai, Kolkata and Chennai, with defined areas of territorial jurisdiction. Processing of a patent application is a multi-stage process, involving filing of an application, electronic data processing, screening and classification, publication, examination, pre-grant opposition, grant / refusal. The steps involved in the patent filing process till grant is outlined below.

Step1: Filing at IPO

A patent application shall be filed on Form-1 along with Provisional / Complete Specification, with the prescribed fee as given in First Schedule at an appropriate office.

At the time of filing we can file either provisional patent application or a complete patent application. If we file provisional patent application then we have to file complete application within 12 months from priority date (i.e filing date of provisional application).

Application for Patent shall be filed with the Patent Office having the appropriate jurisdiction. Territorial jurisdiction of a patent office is decided based on the following:

i) Place of residence, domicile or business of the applicant (first mentioned applicant in the case of joint applicants).

ii) Place from where the invention actually originated.

iii) Address for service in India given by the applicant, when the Applicant has no place of business or domicile in India (Foreign applicants).

Territorial jurisdictions are presented below:

Patent Office, Mumbai – The States of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, the Union Territories of Daman & Diu and Dadra & Nagar Haveli.

Patent Office, Delhi – The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, National Capital Territory of Delhi and the Union Territory of Chandigarh.

Patent Office, Chennai – The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and Lakshadweep.

Patent Office, Kolkata – Rest of India (States of Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh and Union Territory of Andaman and Nicobar Islands).

Step 2: Publication

Patent application takes 18 months from the date of filing or date of priority, whichever is earlier, to be published at IPO website, although applicants who are willing to get application published early may request for early publication by filing Form 9 at IPO alongwith the prescribed fee of Rs.2,500/- for natural person(s) or Rs.10,000 for legal entity other than natural person(s). On such request, the application is ordinarily published within a month. After publication, pre grant opposition can be filed.

Step 3: Examination

An Application for a Patent will not be examined unless the applicant or any other person interested makes a request for examination. The request is to be filed in Form 18 with the fee as prescribed in First Schedule. A request for examination has to be made within 48 months from the date of priority of the application or from the date of filing of the application, whichever is earlier. If no such request for examination is filed within the prescribed time limit, the application shall be treated as withdrawn by the applicant.

Once a request for examination is received and the application published, thereafter application is taken up for examination in the chronological order of filing of request for examination. However an application for patent will not be examined unless the applicant or any other person interested makes a request for examination (RoE). Therefore, it is mandatory to file a request for examination (Form18) within 48 months from filing the patent.

Step 4: Issue of Examination Report

When an application is referred by the Controller, the Examiner makes a report on the patentabilility as well as other matters ordinarily within one month but not exceeding three months from the date of such reference. The examiner prepares the report after conducting a prior art search to ascertain the novelty, and examining as to whether the invention disclosed in the specification is inventive and industrially applicable. The Examiner also examines whether the invention belongs to one of the categories of non-patentable inventions coming under Section 3 and 4 of the Patents Act, 1970, and whether the application is in conformity with all the provisions of the Act.

Step5: Response to Examination Report

The Controller considers the report of the Examiner ordinarily within one month from the date of the receipt of such report. The Controller then sends a gist of the objections (first statement of objections), if any, in the form of a report to applicant known as First Examination Report (FER), along with the application and specification, if required. The time for putting an application in order for grant under Section 21 shall be 6 months from the date on which the first statement of objections is issued to the Applicant to comply with the requirements. Therefore, though the applicant is required to comply with all the requirements imposed upon him by the Act as communicated through FER or subsequent communication at the earliest, but effectually the Applicant has 6 months from the date of issue of Examination Report to respond to the FER. However, if the Applicant fails to respond to the FER within twelve months from the date of issuance of FER, the application is deemed to have been abandoned under Section 21(1). A communication to that effect is sent to the applicant for information.

Step 6: Grant of Patent

If there is no objection to the grant of patent and no pre-grant opposition under Section 25(1) is pending, the patent is granted at the earliest. However Post grant opposition can also be filed after the grant of patent. For more information please visit: http://www.ipindia.nic.in/writereaddata/Portal/IPOGuidelinesManuals/1_28_1_manual-of-patent-office-practice_and-procedure.pdf

Fig: Indian National Filing Route

Indian National Filing Route

Wednesday, 01 March 2017 10:26

Indian Patent filing

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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.