Patent - Discussion and Suggestions

Question 1: What is mean by Patent?

Question 4: Who can obtain the Patents?

Question 8: How a patents application get filed?

Question 9: Who checks the novelty features of the invention?

Question 10: Which invention qualifies for the grant of that invention?

Question 11: Why an inventor should go for a patents right?

Question 12: Why does the Government encourage filing of patents filing?

Question 15: Is there any International/Global patents office? There is no International or Global Patent. Patent – Discussion and Suggestions

This article looks like the open discussion about the Patent and patenting the new invention.

Question 1: What is Patent?

Question 4: Who can obtain the Patent?

An inventor or company assigned by the inventor can obtain the patent over his/her invention.

Question 5: What kind of Protection does a Patent offer?

Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent/written permission. If any company/person wants to use that invention, they may need to buy that patent rights or to give royalty to that patent owner.

Question 6: How many inventors can joint together in a single patent application?

Question 7: Can a person get Patent for other person's invention?

Yes, a person assigned by the inventor can obtain the patent for that inventor's invention. Here the patent owner is that assigned person, but the inventor name only present in the Patent inventor's column. If a person try to get a patent for an invention without the knowledge of inventor is illegal.

Question 8: How a patent is filed?

The inventor or his assignee obtains a patent by filing a patent application to the patent office in the stipulated forms as required by the Patent act of that country.

A patent examiner of patent office checks the novelty features of the patent application with the current state of the art available.

Question 10: Which invention qualifies for the grant of a patent?

Question 11: Why an inventor should go for a patent?

If the inventor does not get the patent rights for his invention and introduce his product/process based on his invention in the market, any body can copy his invention and exploits it commercially.

Question 13: When will the patent get expire?

The patent has lived its full term i.e. the term specified by the patent act of the country.

Question 15: Is there any International/Global patent office?

There is no International or Global Patent.

Question 16: Is there any International/Global law for patent?

The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970.

The Patent Law Treaty (PLT) is a patent law multilateral treaty concluded on June 1, 2000 in Geneva, Switzerland, by 53 States and one intergovernmental organization, the European Patent Organization.

The Substantive Patent Law Treaty (SPLT) is a proposed international patent law treaty aimed at harmonizing substantive points of patent law. US time limit is within that publishing year; the inventor can apply for patent on his invention.

Rather the inventor has to spend lot of money to get the patent rights over his/her invention and also to spend some money to maintain that patent.

Question 20: Does a Patentee sell his patent to any person/company?

Question 21: Is any rule, only the Patent attorneys do the patent draft?

Patent Infringement Law in India

What is a patent check and why such check is required?

Before filing a patent request for your invention, you should check if it is really new. If there is already a patent registered for your invention, or a patent exists which is similar enough to your invention, then you may not be able to get a patent, and any further investment in filing a patent request will be wasting your time and your money.

What types of patent checks exist?

Determine is this invention infringes existing patents

Patentability, or novelty, to decide whether a patent can protect a new invention.

International Patent Applications -

Google Search -

Should you hire a patent agent or an attorney?

A search is one of the most important first steps in turning an invention into a patent. A patent confers the exclusive right on the patentee to make, distribute or sell the invention in India.

What can amount to infringement

(2) Immaterial variation in the invention.

Action of Infringement

The patentee has to institute a suit for infringement.

Section 104 of the Act provides that a suit for infringement shall not be instituted in any court inferior to a District Court having jurisdiction to try the suit. The suit shall be instituted in the High Court.

A suit for infringement can be instituted only after the patent has been sealed.

The period a limitation for instituting a suit for patent infringement is three years from the date of infringement.

Only the person who has a right in the patent can institute a suit for infringement.

(1) The patentee.

An assignee cannot sue for infringement which occurred prior to assignment.

Discover Online Provider Services With Trademark, Logo, Patent, Copyright Registration

Patent - Discussion and Suggestions

This article looks like the open discussion about the Patents and patenting the new invention.

Question 1: What is mean by Patent? It is an exclusive monopoly granted by the Government various countries to an inventor over his invention for limited period of time.

Question 2: What is the difference between Patents and Exclusivity?

Question 4: Who can obtain the Patents? An inventor or company assigned by the inventor can obtain.

Question 5: What kind of Protection does a Patents offer?

Question 7: Can a person get this right for other persons invention? Yes, a person assigned by the inventor can obtain rights for that inventors invention.

Question 8: How a patents application get filed?

Question 9: Who checks the novelty features of the invention?

Question 10: Which invention qualifies for the grant of that invention?

Question 11: Why an inventor should go for a patents right? If the inventor does not get the rights for his invention and introduce his product/process based on his invention in the market, any body can copy his invention and exploits it commercially.

Question 12: Why does the Government encourage filing of patents filing?

Question 14: What is the different between a Country issuing patents and World Intellect Property Organization?

Question 15: Is there any International/Global patents office? An inventor has to file an application in each country, where he seeks to protect his invention.

Question 16: Is there any International/Global law for Patents? The Patent Cooperation Treaty is an international law treaty, concluded in 1970. The assigner has all the rights to sell his invention exclusively/not exclusively to any person/party/company or he may choose to sell his invention for a royalty.

No, the inventor himself can draft the application. Like that offers , trademark attorney India, trademark brand, trademark litigation, Trademark Lawyer, India Trademark Company, Copyright Services India, Copyright Filing in India, Company Registration, Brand Registration, Brand Registration in India, Logo Registration, Logo Registration in India and lots more. Apart from logo registration, there is another law services with major concern named copyright registration.

How To Get Trademark, Logo, Brand, Patent Registration In India

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Creakic Review - Can a Medical Student and Patent Sleuth Give a Thumbs-Up?

That attracts western countries to visit India with their business proposals. There are many law firms operating through the India providing wide varieties of company law services at affordable rates. Law firm like that offers varieties of services like India trademark registration, India Trademark Attorney, Trademark Brand, Trademark Litigation, Trademark Protection, Trademark Application, Trademark Classification, Patent Registration, India , Company Registration, Company Registration in India, Brand Registration, Logo Registration in India, Trademark Registration India and lots more.; ;Among these services is one of the famous and favored services that act as powerful tool in giving unique identity to the product. Brand name may be in the form of image, symbol or word. It is very important for any type of organization or business houses to get brand registration. Trademark registration is very important to get unique identification in the corporate market in respect of company's product and service of any kind. Form 4 is used for requesting copyright registration.

Patent brokering, trustworthy answer to cash in your patent

Applying For Patents Online: Do You Need A Patent?

Patent brokering is the trustworthy procedure of intelligent analysis of your patent while thriving an efficient and dedicated marketing of your patent, to fetch you the maximum profit. Patent brokering is thus an important step in facilitating an active market in patents. While identifying new technologies the patent brokers bridge the intellectual property seller with the buyer. The patent broker provides a wide array of services like, Initial due diligence: An important part in patent brokering, due diligence verifies any business opportunities that survive the initial screening stage.Technology assessment: It involves the study and evaluation of your invention. Value analysis: By doing a value analysis the parent brokers analyze the value of your patent before finally quoting it to the buyer. Lead development: With state of the technology, the patent brokering service aids in generating leads (prospective buyers) for your intellectual property.Introduction: The patent brokering service acts as the mediator between you and the buyer while introducing you and your intellectual property to the prospective buyer.

Do You Want a Patent to Safeguard Your Invention?

While protecting your new idea or product from duplication makes a patent application crucial, there are fees involved in this.

The legislation authorizing the fees for U.S. of its Patent and Trademark Office patent application is the consolidated federal Act 2005. If your patent application were more than 100 pages which also incur a payment of size. Also varies depending on whether you are applying for a utility patent or design.

As of December 8, 2004, this rate varies between $ 75 - $ 795 for a utility patent and $ 100 - $ 200 for a design patent.

You have to pay maintenance fees to maintain the patent in force. Design patent holders do not pay maintenance fees. These maintenance fees apply to utility patents only.

It is always important to apply for a patent if your product has the potential to make a large profit. Most licensing companies will not accept an invention if there is not patent to protect it from intellectual property theft. Many inventors would advise that new invention ideas should be run by a patent lawyer who can help you in deciding the future of your product.

Patent Valuation From a Practical View Point, and Some Fascinating Patent Value Statistics From the Patentvaluepredictor Model

Brokers: Facilitors of Patent Sales, For a Price Brokers such as ThinkFire, IPotential;and IP Transactions Group can assist IP owners in presenting their patent to a likely buyer, the most likely of which are patent aggregators, non-practicing entities ("NPE's") and, sometimes, corporations. By leveraging their relationships and reputations, brokers effectively serve as "filters" for potential patent acquirers to streamline and improve the quality of patent buying opportunities. ;Put simply, patent buyers trust their patent brokers to "separate the wheat from the chaff" to make it easier for them to identify and act on good patent buying opportunities. Patent brokers also require exclusivity.

Patent Auctions: Selling in the Open to the Highest Bidder The final common vehicle for selling patent rights is the public auction setting. Of course, you can say that patent licensing and sale applies market theory to reach a market price. Patents have known finite terms. Conventional methods using income theory to value a patent analyze micro economic data to determine the anticipated economic benefit of owning the patent. This micro economic data includes market data indicating the gross sales and net income derived from the sale of products attributable to the patent, and any revenue derived from licensing the patent. Applying income theory to micro economic data to value a patent is labor intensive, costly, and complex. A micro economic analysis can be used to prove damages in patent infringement litigation. As a result, you cannot simply evaluate the value of a patent once you know the financials relating to certain products that the patent covers. Do you allocate all value to the first patent? Surely the other nine patents have actual value to the company! Patents 1, 2 and 3 each cover the first product. Patents 1, 2, and 4 cover a second product. Patents 2 and 5 cover the third product. The model generates a nominal annual sales covered by the patent based solely upon measurable properties of the patent document and the value of the Gross Domestic Product (GDP). You can those details of the model in my earlier article entitled "A Macro-Economic Model Providing Patent Based Company Financial Indicators and Automated Patent Valuations " posted in the publications sections of both and Suffice it to say here that there is a heuristic relationship between measurable properties of patent documents and patent value. Finally, as the size of an evaluated patent portfolio grows, the PatentValuePredictor model's portfolio valuation becomes statistically more accurate. See for example the corporate patent portfolio value charts in my earlier article "A Macro-Economic Model Providing Patent Valuation and Patent Based Company Financial Indicators" posted in the publications sections of both and Finally, there are some other interesting statistics I would like to share with you that relate to valuation of patents. These statistics are derived from the PatentValuePredictor model.First, there are currently 1,726,307 enforceable patents. The chart below shows the currently ten most valuable patents and their technology area.TEN CURRENTLY MOST VALUABLE PATENTS (AS OF 3/11/2004)Patent Issued Current Value ($) Assignee Technology 6,517,866 2/11/2003 1,797,722,689 Pfizer Inc. Pharma/Bio 6,500,987 12/31/2002 1,570,968,527 Teva Pharmaceutical Industries Ltd. Pharma/Bio 6,566,344 5/20/2003 1,481,848,538 Idenix Pharmaceuticals, Inc. Pharma/Bio 6,465,496 10/15/2002 1,408,931,126 Teva Pharmaceutical Industries, Ltd. Pharma/Bio 6,452,054 9/17/2002 1,220,308,695 Teva Pharmaceutical Industries, Ltd. Pharma/Bio 6,221,640 4/24/2001 1,194,927,644 Cubist Pharmaceuticals, Inc. Pharma/Bio 6,071,970 6/6/2000 1,107,999,343 NPS Pharmaceuticals, Inc. Pharma/Bio 6,319,919 11/20/2001 1,081,784,355 Davis; Bonnie (Syosset, NY) Pharma/Bio 5,610,034 3/11/1997 1,071,288,767 Alko Group Ltd. Pharma/Bio 6,022,716 2/8/2000 1,069,310,287 Genset SA Pharma/Bio While the Pharma/Bio tech area has held the lead for most valuable patents, the relative value of the most valuable patents has been increasing for decades. Note in the sequence of three charts below the trend of the relative value to increase over the decades.TEN MOST VALUABLE PATENTS ISSUED IN 1983Patent Issued Relative Value When Issued Assignee Technology 4,399,282 8/16/1983 1,343 Kabushiki Kaisha Yakult Honsha Pharma/Bio 4,375,514 3/1/1983 1,256 Schering, Aktiengesellschaft Pharma/Bio 4,372,948 2/8/1983 974 Kureha Kagaku Kogyo Kabushiki Kaisha Pharma/Bio 4,374,829 2/22/1983 661 Merck ; Co., Inc. Pharma/Bio 4,396,617 8/2/1983 660 Duphar International B.V. Pharma/Bio 4,399,276 8/16/1983 605 Kabushiki Kaisha Yakult Honsha Pharma/Bio 4,369,189 1/18/1983 551 Union Carbide Corporation Pharma/Bio 4,410,537 10/18/1983 507 Burroughts Wellcome Co. Pharma/Bio 4,399,148 8/16/1983 499 Union Carbide Corporation Pharma/Bio 4,372,953 2/8/1983 490 Otsuka Pharmaceutical Company, Limited Pharma/Bio TEN MOST VALUABLE PATENTS ISSUED IN 1993Patent Issued Relative Value When Issued Assignee Technology 5,252,474 10/12/1993 1,696 Merck ; Co., Inc. Pharma/Bio 5,256,558 10/26/1993 969 The Trustees of Rockefeller University Pharma/Bio 5,258,502 11/2/1993 868 Massachusetts Institute of Technology Pharma/Bio 5,268,273 12/7/1993 824 Phillips Petroleum Company Pharma/Bio 5,182,263 1/26/1993 823 Hoffmann-La Roche Inc. Pharma/Bio 5,187,241 2/16/1993 763 International Business Machines Corporation Pharma/Bio 5,262,568 11/16/1993 756 State of Oregon Pharma/Bio 5,198,563 3/30/1993 695 Phillips Petroleum Company Chem/Polymer 5,227,405 7/13/1993 690 Duke University Pharma/Bio 5,196,524 3/23/1993 679 Eli Lilly and Company Pharma/Bio MOST VALUABLE PATENTS ISSUED IN 2003Patent Issued Relative Value When Issued Assignee Technology 6,517,866 2/11/2003 3,374 Pfizer Inc. Pharma/Bio 6,566,344 5/20/2003 2,646 Idenix Pharmaceuticals, Inc. Pharma/Bio 6,602,861 8/5/2003 1,252 Research Corporation Technologies, Inc. Pharma/Bio 6,531,282 3/11/2003 1,225 Oligotrail, LLC Pharma/Bio 6,605,606 8/12/2003 1,109 Miravant Pharmaceuticals, Inc. Pharma/Bio 6,665,641 12/16/2003 884 ScanSoft, Inc. Software 6,602,503 8/5/2003 861 Biogen, Inc. Pharma/Bio 6,596,332 7/22/2003 841 Nestec S.A. Foods products 6,602,499 8/5/2003 824 The General Hospital Corporation Pharma/Bio RE038073 4/8/2003 804 Research Corporations Technologies, Inc. Pharma/Bio VI. ConclusionConventional valuation models are not generally applicable to patents.

Electronic Notebooks and the Specifications to Prove Date of Invention in Patent Interferences

The due diligence process must take into consideration the competitive patent landscape.

Are the patents paid up in the Patent Office?

Do at least some of the patent claims cover the seller's products?

In that transaction, my client, a large manufacturer, sought to expand its non-commodity product offerings by acquiring "CleanCo", a small manufacturer of a patented consumer product. My client found CleanCo to be a good target for acquisition because CleanCo's product met a strong consumer need and, at that time, commanded a premium price in the market.

Due diligence revealed that CleanCo had few assets: the small manufacturing plant, limited but growing sales and distribution and several patents covering the sole CleanCo product. CleanCo owned the patents and had kept the fees paid. CleanCo's patent attorney had done a good job on the patents: the CleanCo product was covered well by the patents and there were no obvious legal errors made in obtaining the patents. So, I gave the transaction the thumbs up from the patent perspective. When everything else looked positive, my client became the proud owner of CleanCo and its product.

Given the fact that more than $150 million was spent on the CleanCo acquisition, these marketing professionals not surprisingly believed that the competitive products must be infringing the CleanCo patents.

As a result of this increasing competition for the CleanCo product, price erosion began to occur. The financial projections that formed the basis of my client's acquisition of CleanCo began to break down.

In hindsight, the competition for the CleanCo product could have been anticipated during the M ; A due diligence process. Electronic Notebooks and the Requirements to Prove Date of Invention in Patent InterferencesThis paper contains an excerpt of an email I sent to the PIUG (Patent Information User's Group) email distribution list on November 30, 2003.1. Inventor Assistance for Patents, Prototypes, Marketing ; Licensing
Request Free Invention Kit Now!

(I use the word "patent" here to mean either patent or patent application, for simplicity.) It is the date of that corroborator's review that defines provable evidence a date of invention.

Patent Law

Art of Understanding the Patent for Non-Patentees

o Summary of the Invention - It is the succinct description of the invention.

o Claims - It specifies what is protected by that patent application. The claims of a patent come at the end of the document, right after the detailed description of the invention.

The Art of Observing the Patent Information: The patent is a legal document that provides certain rights to the owner of a patent. For those unfamiliar with patents, this patent document may seem difficult to understand or even incomprehensible.

- Title - Abstract - Summary of the invention - Figures - Claims

o Title - It gives the good starting about the invention explained in the patent. From the title, he came to know about that patent or invention in which technical area/field.

o Abstract - This is the next important part of the patent gives the summary of the patent document with one main diagram. The reader can read if the patent contains minimum number of claims; otherwise it is very difficult to read 100(s) of claims. For a new patent reader, it is very surprise to see the broad claims of the invention. The normal patent contains minimum of five to eight pages. We can write a real invention of the patent in a single page after observing the content of the patent. Is there any rule the patent application must contain those headings? o After the patent invention getting into mind, try to write in your own way. o Compare that idea with the patent claims.

Patent is one of the legal document explains about the new invention used to protect the inventors idea using various claims.

Art of Understanding the Patent For Non-Patentees

Patent Law Regulates Many Different Types of Inventions

The Advantages of Patent Law

What Does Patent Law Do?

Patent law prevents others from using the ideas and designs of an inventor. According to most patent laws, this is legitimate even if the patent holder does not plan to take advantage of the invention.

What Terms Do Patent Laws Offer Inventors?

Hiring Patent Lawyers for Professional Services