PATENT DRAFTING

A script well written will always be a script well played.

What is that so distinct about drafting a patent in comparison to writing technical articles and journal publications? A patent is an intellectual property; a property created out of a person’s or a team of people’s intellect. Property documents as we all know are typically legal documents containing the freedom and limitations of a property’s ownership with its owner.

A patent document is a complete technical content described the legal way; typically called a techo-legal document. When it comes to explaining an invention’s knowhow as a written document, it is most essential to define the legal freedom as well as the limitations of the invention in comparison to the available prior arts in knowledge. A well drafted patent application holds more possibilities to get granted and also be protected further the grant of patent when it is evaluated for invalidity too, raising the chances for licensing. However, even a wonderful invention which would change the global business scenario, if poorly or inadequately drafted; will lose its possibilities to even be granted and also raises the chances of invalidationseasily. Thus drafting a patent application plays a major role in the overall patent lifecycle.

Inanse IP provides you extensive support and assistance in drafting your innovations as patent drafts with our experts from across different domain of science and technology. Contact us to get more information.

1. PROVISIONAL SPECIFICATION DRAFTING

Provisional Specification draft is an average well written, half disclosed, yet to be completed form of invention. Any person / entity which aims at claiming a date of priority for an idea, a provisional specification shall be filed. A provisional specification usually shall disclose the overall context of an invention however with or without clear claims. A provisional specification shall become invalid or abandoned if the complete specification for the same is not filed within 12 months from the date of filing the same. A provisional specification of any invention shall be filed to the patent office through theForm 2.

2.COMPLETE SPECIFICATION DRAFTING:

Unlike a provisional specification, a complete specification is an extra-ordinarily crafted, very well written techno-legal document that clearly and in detail discloses the invention completely in a whole and understandable format to any person skilled in art. A provisional specification shall hold a broader perspective of an invention; however, a complete specification narrows down to the actual context for which the inventiveness, novelty and uniqueness features are sought to be protected by the patent office. A Complete specification should mandatorily hold with itself a set of claims for which the patent protection is sought; wherein each claim whether dependent or independent to each other shall define the invention’s uniqueness in the applicable manners.

Thus a complete specification is a detailed description of an invention in comparison to a provisional specification. Inanse IP and our experts with years of expertise in drafting complete specifications shall help you create extraordinary drafts for your inventions as per the patent rules

3.PATENT SKETCHING

When a patent is applied for a product or a method or a system, it is always essential for drawings to be accompanying the complete specification in order to enable a person skilled in art to interpret the description for a better understanding.

Patent sketches are not just drawings in support of a patent application, they play an integrated role in grabbing the attention of the market during the process of licensing, assignment or other commercialization activities. Unlike a product drawing or a 3D rendered product sketch, a patent drawing shall be a 2 dimensional sketch with reference numerals used by a patent agent / attorney to include in the description enabling the draft of the complete specification to be well written. Patent sketches are not just product the images shown in 2D, patent sketching shall be in black and white pattern while showing exploded views of any product or components forming the invention as a part which enable the draft to be written well in each step.

A patent drawing is one among the most required contents of a complete specification and a well scripted patent sketch with a detailed complete specification will improve the chances of any patent application getting through the examination processes. Inanse IP provides exclusive support to inventors across to world in order to develop different sketches for their inventions towards filing patents with provisional and complete specifications.

4. DRAFTING PATENT CLAIMS

Claims within a complete specification defines the scope of an invention. When a patent is granted for an invention, it is actually granted to the claims of the invention though the details of the complete descriptions elaborate a lot of information. Patent claims define the boundaries of protection of any patent and prohibits other from competing an invention in the market; anyone who infringes any of the claims shall become liable for infringement damages.

Any patent specification which is not a provisional specification should hold with itself at least one claim for which the applicant applies for a protection against an invention. It is not just writing the content as a normal text or a sentence that shall provide for a scope; it is the words and the set of words that are used which gives a clear deep hold for what is actually claimed by the invention.

It is also very essential to have a clear claim language, which defines the breadth to which an examiner will examine it and find possibilities to evade or reject any claim on the basis of any aspects which shall not allow patentability of an invention with a claim

In addition every claim holds three different phases within itself. In the process of drafting a patent specification, it is most important for any patent applicant to make sure that the claims of the complete specification is drafted without loop holes for others to infringe or pick a scope for an improvement within itself. Inanse IP and our expert patent agents will assist you in drafting claims to your patent specifications as per the need and as required for the invention to be secured for its period.

5.DRAFTING COMPLETE SPECIFICATIONS FOR US PATENTS

Drafting patent specification for different countries vary as per the norms and rules of each country. Unlike an Indian complete specification, the Complete Specification for the USPTO varies significantly as follows:

Arrangement and Contents of a Complete Specification in the USPTO shall follow the following order where the upper case and lower cases, bolding, underlining activities etc.,shall and shall not be performed, to be followed are also predefined as per the norms.

A complete specification in for the USPTO shall contain the following Contents:

Thus drafting a patent specification for the United States Patent Office requires a high level of precision and expertise. Inanse IP and our team of patent agent, experts with years of experience in drafting patent specifications for the United States Patent Office will assist you far better in achieving your dream of an overseas patent.

6. DRAFTING / REDRAFTING COMPLETE SPECIFICATIONS FOR PCT / CONVENTION APPLICATIONS:

The Patent Cooperation Treaty (PCT) route of moving a patent application filed in India to other nations, in comparison to the Convention route offer many advantages to applicants trying to secure rights for patents overseas in other countries of their interest. PCT applications allow up to 18 months’ time for a patent application in India to be chosen and applied for national phases in other countries as per the choice of the applicant and it enables the patent applicants to delay the cost associated with international filings as well as allows a huge time for taking decisions of choosing the countries of their choice while it also allows time for an extensive market research too.

One of the limitations of PCT is that only a single complete specification is filed and the same complete specification is considered applicable for all patent offices across the globe. When it comes to grant of patents, one of the mythical factors is that a patent granted in one country does not mean or does in no way guarantees the grant of patent in any other or all countries. Every patent office has its own set of process of examinations and rules and in many cases the EPO has been considered to be extensive in examining an application before grant than for the USPTO.

During the national phase of a PCT application, it might be required for complete specifications filed in India or any other countries to be amended in the manner of drawings, specification contents and in most cases the claims. In such situations, the same complete specification might require to be redrafted or totally drafted once again without changing the scope of the invention within the time limit provided and filed to the respective patent offices. Inanse IP and our experts shall assist you in redrafting such applications during the PCT or conventional phases and move your applications further as per your requirements.

7. TRANSLATING PATENT SPECIFICATIONS TO HINDI / ENGLISH:

When it comes to filing patents across different countries and patent offices of the globe, though English language is accepted as a language for submitting patent applications, each countries provide facilities for applicants to file patents in their languages of interest such as Japanese, Chinese, Deutsch, Russian, Hindi, Spanish, French, Italian, Swedish, Arabic etc., languages. When it comes to research or when it comes to filing PCT applications and national phase applications of such patents, it is most required that the Complete specification should be translated to English to be proceeded further

Patent translation is a complicated and significant technique in the language translation service industry. It requires proficiency in the language, technical and legal expertise and knowledge on international standards to be compliant with the defaults. It includes translation of variety of information including information available within the diagrams and technical content too and is crucial to every industry.

We offer services of translation of patent specifications in all languages into Hindi / English as per the requirement in the following categories/

Contact Inanse IP for all sorts of translation requirements and not just limited to patent specifications. Our experts shall provide you quality and extensive services.

8. TRANSLATING PATENT SPECIFICATIONS OTHER LANGUAGES:

Patent translation is a complicated and significant technique in the language translation service industry. It requires proficiency in the language, technical and legal expertise and knowledge on international standards to be compliant with the defaults. It includes translation of variety of information including information available within the diagrams and technical content too and is crucial to every industry.

When it comes to filing patents across different countries and patent offices of the globe, though English language is accepted as a language for submitting patent applications, each countries provide facilities for applicants to file patents in their languages of interest such as Japanese, Chinese, Deutsch, Russian, Hindi, Spanish, French, Italian, Swedish, Arabic etc., languages. When it comes to research or when it comes to filing PCT applications and national phase applications of such patents, it is most required that the Complete specification should be translated to English to be proceeded further.

We offer services of translation of patent specifications in all languages into all other languages as per the requirement in the following categories/

9. DRAFTING REPLY TO FIRST STATEMENT OF OBJECTIONS (FIRST PATENT EXAMINATION REPORTS)

A patent application filed in the Indian Patent Office does not get processed automatically. Yes, a patent application shall be examined only upon filing an application requesting the examination of the patent application in the Indian Patent Office. A request for examination shall be filed by the applicants of the Patent or any person who is of interest in order to get a patent application examined by the examiners of the Indian Patent office in order to put it further for grant.

Upon receiving a request for examination filed, the patent application shall be taken into consideration at the que for examination by the examiners in the Indian Patent Office. The examiners after thoroughly examining the complete specification and the supporting documents of an application for patent shall either consider that the patent application and the invention satisfies all the requirements or the vice versa.

If an application for patent satisfies all the requirements, a patent shall be granted for the invention and if there shall be of any dissatisfactions to the examiner a report consisting the examiners’ statement of objections on the examination of the patent application as well as the complete specification shall be issued which is usually called the First Examination Report (FER)

In order for a patent to be processed further, a due reply shall be filed by the applicants to the Indian Patent Office (IPO) within a period of 6 months from the date of receiving such a statement of objections. In upon situations when the reply is unable to be filed within the timeline, an extension of 3 more months shall be duly sought from the controller through a separate application requesting the extension of time. Failure to reply to an examination report within the time period or within the extended time period shall be considered by the IPO that the application is abandoned.

First Examination Reports (FER) shall be duly responded to, within the timelines in terms of clear statements of replies to all the objections mentioned therein. An accurately prepared reply to the First Examination Report shall make it possible for a patent application to pass through the Grant without the need for further statements of objections or hearings. No patent application shall be granted if the reply to first examination report is not duly replied as it satisfies the Indian Patents Act, 1970 and the Patent Rules, 2003. The FER of a patent application shall consist of objections in relation to technical aspects or other features of the invention and / or to the procedures to be followed as per the Indian Patents Act, 1970 and Patent Rules, 2003 such as,

and any other requirements as per the act and rules.

Inanse IP and our team of experts shall provide all assistances in terms of preparing a reply to the First Examination Reports of Patent Applications pertaining to engineering, science and technology

10. DRAFTING REPLY TO SUBSEQUENT EXAMINATION REPORTS:

In most cases the Indian Patent Office shall call for a hearing with the Controller upon cases where a reply made in order to the First Examination Report is not found in order.

In some cases the Indian Patent Office might issue a second statement of objection to the applicants which shall be resolved further as per the act and the rules within the timelines. Inanse IP and our experts in handling examination reports shall provide all expertise services pertaining to such further reports. Reach to us for more information.

11. DRAFTING AMENDMENTS TO COMPLETE SPECIFICATION:

Post the examination phase of a patent application, in cases of pre-grant and post-grant opposition proceedings the Indian Patent Office shall order an applicant for a patent to amend the specification as to follow the requirement of the IPO. Also upon situations where an applicant desires to make changes to the complete specification of a patent application, the contents of a complete specification shall be amended as per the rules or as per the requirements.

In most cases all patent specifications stand amended before a grant. Any such amendments to Patent Specifications are subject to limitations as per section 59 of the Indian Patents Act, 1970; wherein amendments permissible to be made to the complete specification shall be by way of

Such amendments made shall fall within the scope of the invention and no amendments by way of expanding the scope of claims and amendments to claims outside the scope of the existing complete specification are allowed.

It is always crucial to make amendments to complete specifications before the grant and after the grant of patent whereby the overall scope of the invention and the amendments so proposed shall fall within the invention’s scope. Inanse IP and our expert members shall assist you in such situations of making amendments to the Complete Specifications within the boundaries allowed by the Indian Patents Act, 1970.

12. DRAFTING AGREEMENTS FOR ASSIGNMENT / LICENSING OF PATENTS:

Acquiring a patent is, acquiring a property. When we talk about properties, it is essential to be spoken about selling or renting out a property.

A patent is a proprietary property of an individual or an entity with whom the order for grant is released. Patents are assets which are intangible in nature and hold within itself a grand fortune which sometimes cannot be expected or estimated.

Such property transfers, legally termed as assignments or renting of patent, legally termed as licensing or mortgaging of patents shall always be carried out only through secured and property drafted legal agreements including for share in profits.

Inanse IP provides expert support in all dimensions of trading patents and should you require any assistance, do get in touch with us.

13. OTHER DRAFTING SERVICES:

When it comes to patents, it is all about documentation and texts. For all sorts of support and requirement in terms of drafting any forms or specifications or making changes or agreements or any such types of draft requirements, do get in touch with us and we shall offer you the best services.

PATENT FILING SERVICES

Submission is half done.

Patent Filing is the official process of submitting a patent application to the patent office upon duly filling up the requisite forms and requesting the patent office to process an application for patent. Inanse IP are professionals in handling the overall process on through our expert Patent Agents skilled and trained in submitting and prosecuting a patent application on your behalf providing perfect guidance and support right from inception of an idea until the grant and even over the maintenance of a patent post grant.

In addition our expert patent agents are well versed in handling oppositions filed against a patent application with the patent office while saving huge time, efforts and energies of the patent applicants in all manners. Contact us today to file your patent in India at prices as low as USD 70-300 inclusive of all government and professional fees. Contact us today for detailed information.

1. FILING PROVISIONAL SPECIFICATION:

Filing a provisional specification in the patent office is the first stage of entry of an application for patent for any invention within the Indian Patent Office (IPO). The Indian Patent Office, upon filing a provisional specification shall issue a receipt of filing an application for grant of patent and the same shall hold the patent application number which shall be the reference for the patent until it is granted and even after the grant of a patent.

The process of filing a provisional specification begins with the documentation for creating the Form 1 – an application for the grant of a patent as per the Indian Patents Act, 1970 and Patent Rules, 2003.

The provisional specification should be prepared through the Form 2 – which shall specify the preamble to the description accordingly as per the Indian Patents Act, 1970 and Patent Rules, 2003 and submitted to the Indian Patent Office.

Form 1 and Form 2 shall be submitted through e-filing as well as manual filing modes and the respective e-filing Government Fee for Filing a Provisional Specification is INR. 1,600/- in case of Individuals / Natural Persons.

Willing to file a provisional specification? Seek our support, now file your provisional specification in the Indian Patent Office at just INR. 4999/- inclusive of Government fee and all other charges for an Individual / Natural Person.

2. CLASS 1 - FILING COMPLETE SPECIFICATION:

A complete specification shall be directly filed without filing a provisional specification and also shall be a follow-up of a provisional specification in the Indian Patent Office. The Indian Patent Office allows an applicant for a provisional specification to file the complete specification within a period of 12 months from the date of filing a provisional specification for the same and there shall be no further extension of time in case of failing to file the complete specification within the time period.

Under Class 1 filing service of Inanse IP, you get your complete specification filed to the Indian Patent Office. Filing a complete specification is where the actual process of patenting starts. Only complete patent specifications shall be prosecuted and processed further by the Indian Patent Office (IPO). The process of filing a complete specification begins with the documentation for creating the Form 1 – an application for the grant of a patent as per the Indian Patents Act, 1970 and Patent Rules, 2003.

The complete specification should be prepared through the Form 2 – which shall specify the preamble to the description accordingly as per the Indian Patents Act, 1970 and Patent Rules, 2003 and submitted to the Indian Patent Office. Form 1 and Form 2 shall be submitted through e-filing as well as manual filing modes and the respective e-filing Government Fee for Filing a complete Specification is INR. 1,600/- in case of Individuals / Natural Persons.

Willing to file a provisional / complete specification? Seek our professional support now and get your complete specification filed in the Indian Patent Office at the lowest professional fee in its perfect form and professional service support.

3. CLASS 2 – FILING COMPLETE SPECIFICATION AND REQUEST FOR EARLY PUBLICATION:

A complete specification filed in the Indian Patent Office (IPO) along with an application for grant of patent shall not be published at any time earlier than 18 months (1.5 Years) from the date of filing the Complete Specification or the date of priority. However, upon filing a request for early publication, the Indian Patent Office (IPO) provides for a facility for applicants to have their inventions for which they seek protection through patent to be published within 30 days from the date of filing such a request. Publication of a patent application is an authentication form the Indian Patent Office (IPO) stating an acknowledgement that such applicants have claimed for a protection of an invention through a patent and the contents of the complete specification shall generally be disclosed to the public from the date of publication. According to the Indian Patents Act, 1970, a published patent application shall be considered equal to a granted patent except for that, no infringement suits shall be constituted in case of any potential infringements. A published patent application is eligible to be disclosed in the public as a product or process and extended further for commercialization in all manners as if a granted patent including licensing and assignment.

Under Class 2 filing service of Inanse IP, you get your complete specification filed along with a request for early publication bundled together. The process of getting a complete specification published in the early mode begins with the documentation for creating the Form 1 – an application for the grant of a patent as per the Indian Patents Act, 1970 and Patent Rules, 2003. The complete specification should be prepared through the Form 2 – which shall specify the preamble to the description accordingly as per the Indian Patents Act, 1970 and Patent Rules, 2003 and submitted to the Indian Patent Office. Form 1 and Form 2 shall be submitted through e-filing as well as manual filing modes and the respective e-filing Government Fee for Filing a Provisional Specification is INR. 1,600/- in case of Individuals / Natural Persons. The Indian Patent Office shall assign a patent application number for every complete specification application filed.

With the details of the patent application number so generated, preparation of documentation for Form 9 – Request for Early Publication shall be constituted and filed with the IPO either through manual or e-filing modes with respect to the corresponding Patent Application number. Government Fee for making a Request for Early Publication of an Indian Patent Application is INR. 2,500/- in case of Individuals / Natural Persons Willing to file a patent and get your patent application published faster? With our class 2 filing service, seek our professional support now and get your patent application published in the official journal of the Indian Patent Office at the lowest professional fee in its perfect form and professional service support.

4. CLASS 3 – CLASS 2 WITH STATEMENT AND UNDERTAKING AND ENDORSEMENT BY INVENTORS:

It is mandatory for any complete specification filed in the Indian Patent Office to be supported by a Statement and Undertaking and Declaration of Inventorship by the Inventors.

STATEMENT AND UNDERTAKING

The Statement and Undertaking shall be filed through Form 3 which is an undertaking given by the applicants to the Patent application to the Controller of Patents, disclosing the particulars of any substantial applications for the same invention which may have been filed in any countries other than India. Form 3 is mandatory to be filed within 6 months from the date of filing a complete specification with the Indian Patent Office (IPO); the applicants are mandated to furnish the details through Form 3.

In case of failure to duly file the Statement and Undertaking for any Complete Specification within the time period, the applicant shall be liable to face the statutory actions for not complying with the mandates under section 8 such as pre-grant oppositions, post grant oppositions and even revocation of patent.

The Controller of Patents holds authority to demand from the applicant to furnish all the details regarding any patent applications applied for a same invention outside India and the applicants must submit the same within 6 months from the date of such communications from the Controller.

DECLARATION AS TO INVENTORSHIP

Declaration as to Inventorship shall be filed through the Form 5 which is mandatory to be by the applicants of a patent application to the Indian Patent Office within a period of 1 month from the date of filing a complete specification.

It is through this evidence of document submitted to the patent office, an applicant or applicants for a patent application declares details of all the inventors of a patent application to the IPO. In case of complete specifications filed after provisional specifications, the form 3 should be filed which shall declare the names of inventors who were additionally involved in creating the invention during the time period between filing the provisional and complete specifications. Declaration as to Inventorship is a mandatory requirement to be filed when a patent application is moved further to Convention or PCT national phase applications.

Class 3 Patent Filing service of Inanse IP, in addition to filing the complete specification and request for early publication, also includes duly preparing and filing the Statement and Undertaking as well as Declaration as to Inventorship of a patent application filed in the Indian Patent Office on time, in proper form without any hassles to the applicants in all manners; seek our professional support now and get your patent application duly submitted to the Indian Patent Office at the lowest professional fee in its perfect form and professional service support.

5. CLASS 4 – CLASS 3 WITH AGENT AUTHORIZATION AND PROOF OF RIGHT:

AGENT AUTHORIZATION:

A patent application filed except when filed personally / directly by the applicants itself; if filed through a patent agent or a patent attorney shall mandatorily be submitted along with it, a due authorization statement of the person(s) who is / are appointed by the applicant(s), passed by all the applicants of a patent application to the Controller of Patents.

Such an authorization shall be passed only through an India Non-Judicial Stamp paper duly executed by the applicants to be registered with the Indian Patent Office. An authorization of agent is a mandatory requirement which shall be filed along with, for filing provisional or complete specifications. Form 26 (Authorization of Patent Agent) should be filed within a period of 6 months from the date of filing any application for grant of patent whether provisional or complete. The applicant(s) of a patent application holds all authority to designate or change any patent agents at any point of time for processing a patent application on behalf of him / them in the Indian Patent Office during and even after the grant of a patent by filing a new power of attorney through Form 26 of the Indian Patent Office.

PROOF OF RIGHT:

Proof of Right is usually submitted through a document with Form 1 of a concerned patent application duly signed by all the inventors. A patent application shall be filed by either the first / true inventors or by their assignees with whom all the rights of the patent is vested. Proof of Right is mandatory to be filed with the Indian Patent Office within a period of 6 months with an extension of 1 more month through a separate request, from the date of filing an application for grant of a patent in India. This document in its original form is the one through which an assignee can claim his / her / their right over a patent applicant and it provides information to the Controller to make decisions on the rights of the applicants vested with a patent application during the process of its grant. Class 4 filing service of Inanse IP comes bundled with the complete process of filing a complete specification, request for early publication, statement and undertaking, declaration as to inventorship along with duly preparing documents, collecting and submitting the agent authorization forms and proof of right of applicants to the Indian Patent Office on time, in proper form without any hassles to the applicants in all manners; seek our professional support now and get your patent application duly submitted to the Indian Patent Office at the lowest professional fee in its perfect form and professional service support.

6. FILING REQUEST FOR EXAMINATION

A patent application filed in the Indian Patent Office shall not be ordinarily examined unless a request for the same has been filed by the applicants or the agents or attorneys or any person of interest on the application files a request duly submitted to the patent office upon paying a fee. In many countries, the examination fee for the patent application is collected right at the time of filing a patent application. The Indian Patent Office allows a time period of 4 years (48 months) from the date of filing an application for patent in order to file the application requesting the examination of a patent application. A request for examination shall be filed through Form 18 of the Indian Patent office along with the payment of INR. 2,500/- as the statutory government fee in case of a patent application for which the applicant(s) are natural persons / individuals.

Any patent application for which a request for examination has not been filed within 48 months from the date of priority shall be considered to be abandoned or withdrawn by the applicants according to the IPO. It is mandatory for any application to be filed with a request for examination within the time frame in order to have it processed further. A request for examination, as stated in the preceding para, shall be filed by any person or entity who is / are not applicant to the patent application or even related in any manner to the patent application under discussion providing proper evidence and reason for the same. When it comes to PCT applications, the applicants are allowed to request the Indian Patent Office to process the examination process of the patent application filed in India without waiting for the period of 48 months in order to make decisions on taking the patent further to other countries of interest. An application for patent shall not be examined unless it is published in the official journal of the Indian Patent Office even though a request for examination is filed and all applications for which a request for examination is filed shall be in que towards further processing and shall not be processed immediately.

Thinking of taking up your published patent application further for examination?? Seek our professional support, we shall get it done just like that right at your doorstep.

7. FILING REQUEST FOR EXPEDITED EXAMINATION:

A request for expedited examination for Indian Patent Applications is allowed to be filed only for PCT applications in which the applicant has chosen India as an International Searching Authority (ISA) or International Preliminary Examination Authority (IPEA), or if the applicant is eligible under an arrangement for processing an international application through an agreement between the Indian Patent Office with another participating patent office.

A request for expedited examination shall be filed in the Indian Patent Office if the application for patent falls under any of the above mentioned categories. A request for expedited examination cannot be filed unless a patent application is either published or a request for early publication has already been filed or filed along with the application requesting for expedited examination of the concerned patent application. Once the concerned application is published in the official journal of the Indian Patent Office, the patent application shall be allotted to a different que from the patent applications which fall under the que for regular examination procedure. The patent examiners shall examine such applications for expedited examination within one month from the date of filing such request and provide the statement of objections within the period not exceeding 2 months from the date of filing a request for examination. The Controller shall further dispose such examination reports (FER / First Examination Reports) within a period of 1 month from receiving the report or within 15 days if required.

The applicants are supposed to reply to such examination reports within a period of 6 months from the date of intimation of the Indian Patent Office and if required within a period of extension of 3 months from the time actually allotted; and the controller shall dispose-off such applications for which a reply for the statement of objections is filed within a period of 3 months from receiving the reply except in cases where a pre-grant opposition is under proceeding.

Expedited examination requests help patent applicants to have their patent applications processed within a period of almost 1 year instead of the regular time period of 4-6 years and it is an encouraging factor for many inventors. Seek our professional support in cases of requirements to move your published / unpublished patent applications as quick and as profession as it is.

8. FILING REPLY TO FIRST STATEMENT OF OBJECTIONS (FIRST EXAMINATION REPORT)

As Mentioned in the previous Section (hyperlink to 2. I. Drafting Reply to Statement of Objections (Examination Report)), upon receiving the first statement of objections against the grant of an Indian Patent Application from the Indian Patent office (IPO), a reply with the clarifications and statements in opposition to the objections stated shall be filed within a period of 6 months from the date of receiving the First Examination Report / First Statement of Objections.

Inanse IP shall assist you in filing your replies so prepared duly for submission to the IPO with our expert professional support.

9. FILING REPLY TO OTHER THAN FIRST STATEMENT OF OBJECTIONS (EXAMINATION REPORTS):

As Mentioned in the previous Section (hyperlink to 2. J. Drafting Reply to subsequent Examination Reports:)), in many cases there are least possibilities for the Indian Patent Office (IPO) to issue any further examination reports / statement of objections. Such second and third examination reports shall be issued only when the reply submitted to the First Examination Report does not completely address all the statements of objections stated to be addressed upon and after receiving the statement of objections against the grant of an Indian Patent Application from the Indian Patent office (IPO), a reply with the clarifications and statements in opposition to the objections stated shall be filed within a period of 6 months from the date of receiving the First Examination Report / First Statement of Objections.

Inanse IP shall assist you in filing your replies so prepared duly for submission to the IPO with our expert professional support.

10. FILING PCT APPLICATIONS

A PCT (Patent Cooperation Treaty) application is the first step in expanding any Indian Patent (Patent Application) to the international levels. The Patent Cooperation Treaty is an international treaty on Patent law and it allows a single complete specification filed in one country to be filed for patent protection in each contracting states under the treaty. Such patent applications filed for PCT are called as PCT applications or International Applications.

PCT applications should be filed before the expiry of 12 months from the date of filing the Complete specification for a patent application. Filing a PCT application does not mean that the patent shall be granted in other countries. A PCT application is only an application through which patents shall be taken internationally and the applicants are allowed a time period of 30/31 months (2.5 years) from the date of priority of a patent application to choose the countries of their interest in which the national phase applications shall be filed. Each countries, in accordance to their patent law holds authority to grant or deny grant for any patent applications as per their rules and a patent granted in one country shall not be taken to be granted in all countries.

The patent office in which the PCT application is filed is called the Receiving Office followed by a search conducted by an International Searching Authority (ISA). Receiving Office for PCT applications shall be the Indian Patent Office or the International Bureau of WIPO. PCT applications filed in India shall choose anyone of the following patent offices as the International Search Authority (ISA) or International Preliminary Examination Authority (IPEA).

Search Fee and Handling Fee for PCT applications shall be paid within a period of 1 month from the date of filing a PCT application. PCT allows applicants to select the International Search Authorities from the countries so authorized and the International Search Authority (ISA) shall perform a thorough search and provide a written opinion pertaining to the patentability of the invention with respect to the subject of the application.

PCT applications shall be published by WIPO upon the expiry of 18 months from the date of priority of the application along with the International Search Report. After publication of the International Search Report, PCT applicants may opt for International Preliminary Examination for the Application (IPEA) which provides the International Preliminary Examination Report with regard to the patentability of the Invention. If the applicant so not opt for IPEA, WIPO shall publish the International Search Report for the Patentability of an Invention.

The list of 153 Contracting States under PCT (as on January, 2020) are:

For all your filing requirements with respect to PCT applications, Inanse IP shall offer extensive professional support in processing the applications with the Indian Patent Office right at your doorstep. Get all your international patent application processes done from the ease and comfort of your home today. Contact us for more details.

11. FILING CONVENTION APPLICATIONS

A Convention Application under the Paris Convention is the first step in another way for expanding any Indian Patent (Patent Application) to the international levels. The Paris Convention is an international convention on industrial property including patents, trademarks, industrial designs etc., and under this convention, the protection of an industrial property in each contracting state shall be the same for all international applicants as to grants of its own nationals.

Unlike PCT applications with a long time period of 31 months from the date of filing a patent application in India for making choices on the list of countries in which national phase applications shall be filed; convention applications just hold a 12 month period to make choices on the list of countries in which the national phase applications are to be filed.

Patents granted in each contracting state (country) for a same invention are independent from each other. In comparison to PCT applications, convention applications are cheaper where, in the cost of filing 1 PCT application, 3 patent application shall be filed in convention countries and convention applications are the best choice for patents which are to be filed in limited number of countries and lesser budgets.

The list of 177 contracting states (countries) under Paris Convention are:

For all your filing requirements with respect to convention applications, Inanse IP shall offer extensive professional support in filing and prosecuting the applications with the corresponding paten offices right at your doorstep. Get all your convention application processes done from the ease and comfort of your home today. Contact us for more details

12. FILING AMENDMENTS TO PATENT APPLICATIONS:

Indian Patents Act, 1970 provides for applicants to make amendments to patent applications through various provisions under certain limitations as per Sections 17, 57, 58, 59, 78 and rule 137.

During the prosecution of patent applications, amendments make an essential part of it where applicants of patent applications / patents request for amendments of complete specifications or claims towards objections of patent examiner or other patent prosecution activities such as defending oppositions or revocations etc. Amendments are proposed to be performed in order to bring in more details to the invention towards bringing in better significance from prior arts.

Such amendments differ in all manners before the grant of a patent.

13. FILING AMENDMENTS TO PATENTS:

Indian Patents Act, 1970 provides for applicants to make amendments to patent applications through various provisions under certain limitations as per Sections 17, 57, 58, 59, 78 and rule 137.

During the prosecution of patent applications, amendments make an essential part of it where applicants of patent applications / patents request for amendments of complete specifications or claims towards objections of patent examiner or other patent prosecution activities such as defending oppositions or revocations etc. Amendments are proposed to be performed in order to bring in more details to the invention towards bringing in better

significance from prior arts.

Such amendments differ in all manners before the grant of a patent and after the grant.

14. OTHER FILING SERVICES:

Inanse IP and our team of experts are always happy to assist you over all types of filing services with the Indian Patent Office as well as Patent Offices across the world. Do get in touch with us.

OTHER PATENT AND ANALYTICAL SERVICES

Our other patent related services and analytical services include attending to hearings before the controller, filing or submitting petitions and requests in the Indian Patent office, Freedom to Operate, validity, patent landscape and gap analysis, patent prosecution, patent trading, patent portfolio management, patent asset maintenance and all patent related training services.

Check more in detail to know more about all our other patent services.

1. ATTENDING TO HEARINGS BEFORE THE CONTROLLER:

As per the prescriptions of the Indian Patents Act, 1970, any invention for which a patent is sought shall not be granted without an examination. The result of the examination process of a patent application shall be the issuing of a First Examination Report or the First Statement of Objections for which the applicants or the agent of the applicants shall reply within 6 months or with an extended time of 3 month (based on request) from the date of issuing such a statement.

If the controller is not satisfied with the reply so submitted for the statement of objections, he may issue a further statement of objections or make an order the applicants or the corresponding agent to appear for hearing before him which can be attended to either in person (physical hearing) or on video conferencing or audio visual communication modes upon a confirmation along with payment of the prescribed fee to the Indian Patent Office in order to attend the hearings.

Inanse IP and our experts are always at your reach to attend to hearings on your behalf in the Indian Patent Office pertaining to patent applications post the reply for first examination reports. Contact us for more details.

2. FILING PETITIONS / REQUESTS:

Any requests or petitions, other than those prescribed to be submitted only through the concerned Forms shall be made only through Form 30 to the Indian Patent Office with regard to patents under prosecution or those patents granted.Form 30 includes a variety of requests out of which certain requests shall only be made through payment of prescribed fee and others shall be made without any payment of government fee. For all your needs on filing petitions or requests to the Indian Patent Office, Inanse IP and our team of experts shall assist you in quick, smart and proper guidance. Contact us for more information.

3. FTO / Validity Analysis:

FTO:

A patent granted in one country doesn’t mean it protected across the globe; patents are boundary specific. With businesses expanding across boundaries, every product planned to be sold off-shores hold with itself the risk of infringing upon patents granted within that boundary.

Before planning to import or export any available product from any country, it is better to perform a Freedom-To-Operate search with the country in which a product is planned to be made business with. This will prevent importers, exporters, manufacturers and sellers from infringement risks and paying heavy penalties / royalties in such cases of negativity. An FTO (Freedom-To-Operate) analysis analyses the freedom available for implementation of business on a product or a process within that boundary upon determining if the product or process might infringe the rights of any granted or pending patent applications. Further an FTO analysis shall also be conducted in such situations when product or process exhibitions in public are planned, upon M&A deals, and assignment or licensing of patents etc., to be performed off-shores.

The general aspects considered in making a Freedom-To-Operate Analysis are

1. Technical aspects of the product / process proposed
2. Boundary within which the product / process is proposed to be marketed
3. Searching and comparing the claims of the patents and pending patent applications

with reference to the proposed product / process.

VALIDITY ANALYSIS:

A validity analysis is performed over granted patents in order to determine if a patent granted is valid or not by checking the enforcement of a patent by maintenance, level of impact of the claims of a patent etc., which usually are not considered during the Examination of a patent. A validity analysis helps to make major decisions on proceeding with such imports and export activities, even when the product or process under consideration infringes the claims of a granted patent.

Planning to import or export anything from / to anywhere across the globe?? Inanse IP provides you the best solution with apt results on taking things further, contact us today.

4. PATENT LANDSCAPE ANALYSIS:

Scientific publications and published patent applications across diverse domains of science, technology and medicine keeps increasing exponentially. It is always tough for any entity including startups, educational institutions and universities to make right decisions on investment of time, money and manpower over the development of any new technology or product.

Patent landscape analysis is an extensive report with a huge set of technical references with analytics on the legal, technological and business viability containing the content of important information pertaining to the history of any invention or innovation to date. It is also referred to as Patent Mapping where a concept’s history will be thoroughly analyzed for its performances, growth, declines etc., from the past until the present with reference to the innovation’s preceding product / technologies. In most situations, a clear patent landscape analysis will evade possibilities for investments on duplicate technologies that would have been previously developed by someone else or would have failed in the business market.

Planning a new product or R&D?? Inanse IP will hand hold your investment decisions right before the inception. Contact us for more information.

5. GAP ANALYSIS:

Gap Analysis / White Space Analysis is a strategic tool for product innovations that seek exclusivity in IP by identifying the gaps available for further innovation in any product / process upon securing an IP for the same. A gap in general is a free space that can be occupied by anyone, may it be business or seating or atomic structure; for the case, a gap is something which can be filled with anything by anyone and in most cases, the success of the person who fills the gap depends on what has been used to fill it. For any entity or individual creators who work on innovations and variety of product lines, it is very important to find out potential gaps within their product lines as well as others’ in order to ensure that the same is filled with appropriate innovation so that the business expands and avoids potential competitors to take advantage over the same through IP.

Inanse IP provides state of art services in identifying gaps on patent portfolio of your entity to ensure existence and growth. Contact us for a discussion.

6. PATENT PROSECUTION:

A question / accusation unanswered is where the acceptance of defeat starts. A patent application just filed does not ensure a grant just like that. As per the request of the applicant, the Indian Patent office examines the possibilities for rejection and acceptance of a patent application in order to proceed it ahead for grant and provides a reply to the applicant with the statement of objections which is usually called the FER (First Examination Report). The applicant shall submit a reply to the objections so raised with a detailed explanations and the controller of examinations holds right to request the applicant to also attend to hearings in case of unsatisfactory replies so filed for the examination report.

Efficient handling of this process will raise the possibilities for a patent application to be granted and misrepresentations or failing to make the respective submissions on-time also shall attract even abandonment of such patent applications and this process at the outset is known as the patent prosecution phase within the patent office. Inanse IP with all its expert patent agents and professionals in handling patent prosecution will ensure better possibilities and professional services on prosecution of patent applications within the Indian Patent Office. Contact us to discuss more in detail.

7. PATENT TRADING:

Do you think patenting an expense?? Not at all, patents are unimaginable and highly uncertain investments.

Have a patent? Planning to license or assign your patents? Seek our support, we are experts in creating and executing agreements of license / assignment of patents while providing end to end support in the overall patent trade process inside and outside the patent office. Contact us to know more.

8. PATENT PORTFOLIO MANAGEMENT:

Ideas and creativity are never confined and raise to be domain particular, they are spontaneous.

Patent Portfolio Management is an task where any entity will be able to correlate between its product and patent strategies effectively, instead of focusing in every innovations and all ideas that raise out of the R&D. Entities as they grow, keep piling up patents to their asset credits and at some point forward, it is crucial for any entity to focus on retaining certain patents and however selling off and liquidating others which do not fall in the business strategy of an entity too.

9. PATENT ASSET MAINTENANCE:

A property not maintained might become a property unclaimed / unclaimable. As how any person or an entity owning a tangible asset is supposed to maintain it by duly paying taxes to the concerned government authorities, so are patents which are generally considered intangible assets. The Indian Patent Office demands a patentee to make sure that a granted patent shall be duly paid its annual fee to the Indian Patent Office in order to ensure that the patent right is under enforcement with the patentee. Patent assets not maintained properly or with annual fee not being paid fall under the risk of being invalidated or abandoned by the patent office which shall at times become irrevocable. Contact us towards assistance in maintaining your patent assets in all manners; Inanse IP and its experts will always be happy to maintain your assets through our asset management services including the patent portfolio management.

10. TECHNOLOGY SUPPORT:

Life on earth is supported by numerous factors; so flourishes the life of every creative thought with the help of support in technology.

Technology support services of Inanse IP is to extend our hands of support in terms of technology for the ideas created by every innovator of within educational institutions where the support of an industry is most required. Reach out to us, for all sorts of support in technology and innovations from ideation to market.

PATENT SERVICE PACKAGES

Patent service packages from Inanse IP brings you a set of handpicked services from different areas of a patent application’s process.

Every single step in the overall process of patenting is highly important and to be taken serious in all aspects towards a successful prosecution and execution during the real time requirements. The set of services in our bundled packages include a variety of combinations from prior art search services, patent drafting services, patent filing services and other support services too.

The process of patenting an idea starts from creating a patentable idea. It is the novelty of an idea that gets developed into a product or a process taking shape into a creation. Patent service packages from Inanse IP offers support services right from the inception of idea until the grant of a patent including support for maintenance of patent assets and portfolios. Choosing bundled service packages from Inanse IP, helps you perform your patenting operations better at quicker and smarter ways.

Choosing a bundled service package from Inanse IP shall offer you attractive benefits in terms of cost, time and efforts made towards securing a patent right from the inception stages. Check out our various service packages pertaining to patents in detail.