PATENTABILITY / PRIOR ART ANALYSIS

Patent search is the process of searching various patents that relate to or correlate to a proposed invention for which a patent right is sought. It is not mandatory for any person or entity to have a patent study in order for filing a patent; however, this process saves a lot of time and money spent in patenting an invention for which a patent has been granted in advance.

Basic Search 5-10 days:

A basic prior art analysis shall be carried out with reference to the patentability of an invention/ concept based on the provisions under Section 3 and Section 4 of the Indian Patents Act, 1970. Those creations which are not considered to be inventions / not fall under patentablity criterion as per the Indian Patents Act, 1970 shall not proceed ahead with the patenting process. Examples of certain inventions not considered to be an invention according to the Indian Patents Act, 1970

INVENTIONS AGAINST WELL ESTABLISHED NATURAL LAWS

INVENTIONS THAT MIGHT CAUSE SERIOUS PREJUDICE TO HUMAN / ANIMAL / ENVIRONMENTAL WELL BEING

INVENTIONS THAT ARE MERE THEORIES / DISCOVERIES and

INVENTIONS RELATED TO METHOD OF DOING AGRICULTURE / HORTICULTURE and so on..

Advanced Search 10-20 days:

An advanced prior art analysis shall be carried out across free patent search databases available globally in addition to reviewing the contents available over the internet or the public medium as

PUBLISHED / PENDING PATENT APPLICATIONS

ABANDONED PATENT APPLICATIONS

GRANTED PATENTS and

GRANT DENIED PATENT APPLICATIONS

Extensive Search 20-50 days:

An extensive prior art analysis shall be carried out through paid patent search databases that provide accurate results in addition to reviewing all the contents publicly available in other mediums as stated in the basic and advanced analysis methods. Extensive prior art search includes journals and articles apart from those of patented literature available over the internet.

Prior art analysis, however is an important and first step in the patenting process, but not a mandatory one. Decisions on whether to opt for a prior art analysis and the extents of analysis depends on the creators’ choice. There is no written rule that a prior art analyzed patent application shall get granted for sure. Inanse IP shall offer you support through our researchers with years of expertise in analyzing concepts upon comparison to available prior arts; which will help you achieve a solid and firm decision on proceeding further with patenting; through which we help you save a lot of your precious time, energy and confidence on the research. Contact us today to know more and get connected

PATENT DRAFTING

Patent drafting is an extra-ordinary process of writing a clear description of an invention with perfect technical and legal notions that exactly describes an invention’s ability to pass through the patent grant process. Though an inventions may be remarkable and ground breaking, a poor draft without detailed, clear description and notions hold greater chances for being un-granted. A patent draft once submitted to the patent office of any jurisdiction cannot be changed later at any stage except making few modifications within the scope of the invention. A clearly drafted patent as per the rules of the Patent Offices hold a greater chance for getting through the process when it is drafted by an expert and through Inanse IP. However, no law hinders any person who is an inventor or an applicant of a patent to draft his own patent application.

PATENT FILING

It is the process of submitting a patent application upon duly filling the respective forms of the patent office upon paying the respective fee to the concerned patent office. Patent filing process can be done manually as well as electronically through the e-filing portals available for the same.

PUBLICATION OF PATENT APPLICATION

A patent application filed in India gets published in the official journal of the Indian Patent Office after a certain period of time from the date of filing. However, an applicant holds the option to get his patent application published in the official journal of the Indian Patent office within a period of one month from the date of making a request as per their needs upon paying an additional fee to the Government.According to the Indian Patents Act, 1970; a published patent application shall be considered to hold all powers as a granted patent; however, no infringement suits shall be filed until the patent is granted.

A Published patent application shall not mean to be a granted patent or a patent.

EXAMINATION OF PATENT APPLICATION

The Patent office reviews a patent application in order to put it further for grant through a patent examiner. In case of objections the patent office rules out reports of objections which shall be replied within a specific time period, post which the office if required shall call the applicants / agent for a direct hearing and then take decision of the Grant or no-grant of a patent application.

GRANT / NO GRANT DECISION

Once the patent is granted, the inventor will be issued a certificate of patent and the inventor shall exercise all powers pertaining to that intellectual property awarded for a period of 20 years from the date of filing. The process usually takes from 4 to 6 years and on certain cases the same shall be processed within a year too.