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Brand Names form an integral part of the brand identity. When you buy a product or service, you will look out for names that attract your attention. When we think of a product, we associate its authenticity and popularity with its brand. For example- when to think of buying lunchboxes- we would either go with Tupperware or Signoraware. Same way, when we think of buying a mattress, we would go for a wake fit or a sleepy cat. Why is it that our preferences are inclined towards a particular brand? The answer is simple: quality, identity, consumer-preferred choice, and rating.
We Indians tend to inquiry and verify before buying anything. We ask our friends and relatives of any brand they are aware of before purchasing goods or services. This gives us a sense of authenticity and helps brands get recognition. Now that we think we have made it clear that branding plays a crucial role in business let us get into the concept of trademark of brand names and 7 key points to successful brand registration.
Importance of Brand Registration:
If someone asks us why we have to register our brand in the market- we would say that -Protect what is yours and What Rightfully Belongs To You. To simply put down, there are infinite reasons to get your brand registered in India but keeping it short, these are the primary reasons to get your brand registered:
1. Brand identity and recognition: Branding helps a company/business build identity and recognition across the sector. Brand identity is an essential part of running a business without which it becomes difficult to attract customers.
2. Brand protection and consistency: If you have total control over the brand, you can restrict the usage rights on the brand or even choose to what extent the licensee can use your brand, giving you a potential revenue system
3. Restriction on others to use your brand name: Brand Registration deters others from using or trading in your brand. Once registered, the mark rightfully belongs to you.
4. Additional Benefits offered by a search engine: This is one exciting benefit that trademark registration offers to its registrants. They get an upper hand appearance in many search engines like Google, Bing, Yahoo, and other search engines. This is because the more your brand names top the list, the more people are inclined towards it. It creates a better picture of your brand in their minds to make your brand more reliable.
5. Certificate as a bona fide company: If you register your brand, it makes your business look more real and bona fide, which helps the business have a good portfolio for its growth.
6. Increases your monetary value: A registered trademark will attract potential customers to your business and steer the growth of the company. No doubt, once you register a brand and sell it, you get a reasonable royalty fee, which adds to your brand's monetary value. It also relieves the buyers that the said mark or brand will be protected from infringement, thus building its confidence and reliability.
7 KEY INGREDIENTS TO HAVE YOUR DESIRED BRAND NAME REGISTERED:
1. A UNIQUE NAME TAKES THE BALL TO COURT:
One of the basic conditions of a trademark is that your mark should not be similar to any other mark in the industry. If your brand name is unique and catchy, then no one can stop you from owning it. Unique brand names get registered in our minds as well in the trademark registry easily.
2. THE NAME STORY SAYS IT ALL:
What attracts customer attention is how you can connect the name of the business to your business story. The connection you build with your customers has a direct effect on your business. If you can buy the customers with your brand story, your work is half done. Your story can help you build trust and goodwill with the customers.
A classic example of how a story impacts your brand retention is that when you visit a website and check about us, the story of the business will be displayed before. When we read the story, and if we feel connected to it, we will automatically look for the services offered by the business, and that's how the business expands its portfolio.
3. AUTHENTICITY IS THE KEY
Your Genuineness and Authenticity will help you create a bond with your customers. Understand the vision behind your business and decide the name accordingly because when your mark comes up before the registry, your story and genuineness will change the game. Be it customers or the hearing officer, your true motive for naming the brand will help you win the brand registration.
Whether designing your name, logo, or even the website, your customers will want you to be clear and transparent about your values, mission, and vision. The same goes for the hearing officer. They will expect you to be clear while describing your goods and services in the TM Application. They will want you to explain to them the intention behind adopting the mark or logo, and if your brand name is a perfect fit for your business, voila!! It's all yours.
4. EASILY PRONOUNCED EASILY ACCEPTABLE:
If your brand name is easy to pronounce and understand, it will remain with the customers forever. If the customers have to refer your brand to someone, your brand name must be easy to pronounce and comprehend. If you keep lengthy, difficult to remember, and random names- it can be a black mark on your business. We suggest you concentrate, take time and come up with brand names that are easily pronounced, universally accepted, and have good retention capacity.
5. LET THE NAME PLAY THE FUTURE GAME:
Your brand name is the most important asset of your business. One may not realize the role a brand name plays in the business, but your brand name should suit your present and future requirements. When you start a business, you will initially launch one range of products, but you would want to expand your business to different ranges in the future. Your brand name should be versatile enough to fit into all future changes. Otherwise, it might be a hindrance to your business.
6. BRING THE DIFFERENCE TO THE LIGHT:
No business will have less competition in the market. With the world marching towards growth and development, the nature of business has become consumer-centric. Business wants to bring in products and services that will attract customers and help them bloom. This clearly means that more competition in the market. What will make your business stand out is you distinguishing your products and brand name from your competitors. But do understand here that comparative advertisement is okay disparagement is not.
You should distinguish your brand from your competitor's brand showcase why customers should choose your brand over others. 80% of the game depends on branding. If your brand is popular and distinguished, you can sell products easily. Your brand name is your business identity, choose it wisely and make sure it stands out in the market.
Here is a guide that can help you choose your trademark that can have better chances of acceptance. Click here to know more.
SAY NO TO SHORT FORM’S
You may think shorter the name, easy to remember. But no, never (we repeat never) opt for short names while deciding your brand name. Short forms may not communicate the right intention of adopting the name and can sometimes mislead the consumers. You will have to explain if you go with short forms, which we feel is not a best practice. Your brand name should be complete on its own and should define you, your business, and your intentions to adopt the name.
The End Note:
First thing first, clear your mind, have a cup of coffee, sit back, and relax. This will help you to think correctly and come up with good ideas. So, whenever you are thinking about a trademark for your business, you have to:
1. Understand your market, the type of goods or services you are into, and what can attract the customers
2. Write down all possible ideas that come to you
3. Apply the elimination test- start eliminating options you think are not up to the mark.
4. Now take an expert opinion to guide you in terms of words, designs, color combinations, etc.
5. While designing, keep the above-given checklist in mind, and test your words.
6. Connect to a trademark agent to conduct a trademark search to be double sure about your chosen mark.
7. Determine the country you want to apply to and find the appropriate class for it
8. Go ahead and register
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Innovative designs and Elegant interiors have always been a matter of concern for all business owners. The journey of commercial space design is considered to be one full of improvements and development. From end-to-end cubical systems to open space offices with cabins for the designated people, commercial space designs have undergone remarkable changes and will continue to develop.
Just like how modular kitchens have replaced the traditional closed-door kitchens, cubical systems have been replaced by open space offices and to be more innovative co-working spaces have been developed. Owing to continuously changing systems, innovative and interactive workspaces have been welcomed in the commercial industry. To keep pace with the globalization and changing tastes of people, commercial spaces have entered the stage of reformation.
Reasons for changes in Industrial Design Layout:
Growing start-ups
A new wave of thinking
International exposure
Creative sense of the designer
A young and energetic approach to designs
Future of IPR in Industrial Design Sector
Current industrial design trends are capable of establishing a good balance in the designing industry by equally catering to the work-life, personality, and behavior of:
Who prefer the chic look in their workplaces on the one hand, and
Those who don’t care much about their office appearance and design, on the other hand.
The new flexible industrial design style enables workplaces to fit the changing dynamics of the working environment that is highly dominated by technology in the present times.
It provides an opportunity to allocate office space that goes beyond the traditional allocation of the workplace. Several reports have shown that a person’s performance and productivity are highly dependent on not just group collaboration but also the office space.
Current industrial design trends in India appear to be one of the best means that take care of both these aspects in a balanced way. In other words, the trendy industrial design develops a correct business sense.
How to register your design?
The most important element of design is that the Design of your product must be original. It should also be aesthetic, appealing to the eyes, and capable of being applied in the product.
One thing to note here is that — design rights are given for the look, feel, and visual appearance of the product. The eye is the ultimate judge to conclude the novelty of a design
The procedure for a design application is like the procedure of registration of trademarks or copyrights. A quick overview of the process is given below:
Filing of the Application — Form 1 application with specified class along with the documents and prescribed fees must be submitted to the design office.
There are two types of applications:
Ordinary application- where no priority claim can be made
Reciprocity application- this application allows the application to claim priority filed previously in a convention country. In order to claim priority, the applicant must file the application within 6 months and no grace period shall be allowed for the same. The priority documents have to be duly certified by the official Chief or head of the organization.
Mode of registration:
Manual filing: The applicant can either go for manual filing at any of the patent offices located in Delhi, Mumbai, Chennai, and Kolkata.
E-filing: The registry now provides an option of e-filing directly through the website.
Initial processing of the application: On receipt of an application, the Office accords a date and serial number to the application. This serial number, upon registration, becomes the registration number of the design.
Examination of the application: after the allotment of the serial number, the application is sent for formality check to the Controller of Patents and Designs. The following items are checked in this stage:
a. the application is in prescribed format?
b. the prescribed fee has been paid?
c. the name, address, and nationality of the applicant are mentioned?
d. address for service is given in the application form?
e. declaration of proprietorship is given in the application form?
f. representation sheet is in a manner as prescribed in Rule 14?
g. power of authority, if applicable, is filed?
h. in case of reciprocity application:
I. the application was filed within the prescribed time?
II. the priority document was filed at the time of filing? If not, whether the priority document was filed within the extendable period of three months along with the prescribed form and fees?
III. the application was filed by the same applicant? If not, whether the assignment document has been filed?
If no defects are found in the application, the application is sent for substantive examination.
In case any defects are found in the examination, a detailed report of the defects is sent to the applicant. The applicant has to comply with the defects within 3 months from the date of objection failing to which, the application shall stand abandoned.
Substantive examination: after the formality check, the next step is a substantive examination, where the Controller shall check whether the design under consideration is:
a.†design†under the Act?
b. new or original?
c. prejudicial to public order or morality?
d. prejudicial to the security of India?
Publication and advertisement in the Journal: If the controller is of the opinion that the concerned design is similar to any other design registered or does not fall under the category of registrable design, the communication shall be sent to the application to reply to the examination report. Upon full affirmation that the design is registrable as per the statutory regulations and without any defects, the application will be accepted and advertised in the patent journal for public objection.
Objection: If no objections are received, the design is accepted and registered. The entry of the same shall be done in the register and a registration certificate will be given to the applicant.
If any objections are raised, then the procedure of objection shall be followed.
Term of registration: a design is valid for 10 years from the date of registration and can be renewed for a further period of five years.
Conclusion:
Hence, it is expected that in the coming decade, India will witness the growing popularity of the present and upcoming industrial design trends, especially in the Indian commercial office spaces.
Not just the designers, but the professionals dealing in matters, like Industrial Design Registration Procedure, Product Design Registration, etc., need to be meticulous and up-to-date. Understanding the importance of industrial designs and changes in their trends is crucial for all!
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What You Should Know Before Filing a Provisional Patent Application?
A Patent is a statutory right over an invention granted for a limited period to the inventor, in consideration for full disclosure of the invention to exclude others from utilizing the patented product or process without his consent.
Indian Patent Law follows the first to file system. A provisional application is an application that can be filed if the invention is still under the experimentation stage. Filing a provisional specification provides an advantage to the inventor since it establishes a ―priority date.
The Applicant is required to submit the complete specification within 12 months from the day of filling the Provisional Specification; if you fail to do so, your application will be considered lapsed.
You will lose the protection or priority for your application if you fail to file a complete patent specification within 12 months.
Instead, you can file for a complete specification application directly by skipping the provisional specification applications step, and the moment when your invention, concept, or idea has the complete information without any obscurity or any other changes made to your product or process, you can file for the complete specification. So, the Provisional Application filing is optional, but the filing of the Complete Specification is mandatory for your patent to be considered registered.
The Contents required for the drafting of the provisional patent applications:
Title,
Field of invention,
Background,
Objects,
Brief description of drawings (if any),
Detailed description,
Advantages,
Drawings (if any),
Disclosure of biological material used (if any)
Forms required for Provisional Patent Application: –
Form 1: — Application for the particulars of the Patent application
Form 2: — Application for the Provisional Specification
Form 26: — the Form of Authorization of the Patent Agent. It is required if you are applying through a patent agent.
Forms which are required for the Complete Patent Application after the Provisional Application: –
Form 2: — Application for the Complete Specification
Form 5: — Form of Declaration for Inventor ship
Forms which are required for the Direct Complete Patent Application (without the application for a prior Provisional Application): –
Form 1: — Application for the Grant of the Patent
Form 2: — Application for the Complete Specification
Form 3: — Form of Statement and Undertakings under Section 8
Form 26: — Form for Authorization of the Patent Agent, this is required if you’re filing through a patent agent.
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If you are from the 70s, 80s, 90s, or say 20s, you will know how important bicycles are in your life. Basically, bicycles have been a part of our life for centuries now. The world of bicycles and their relevance in our lives is a known fact, but do you know how this amazing product was made. You would be thinking, why should I know that reason and history when I can just use it. We also had the same mindset, but then lawyers are, of course, curious about everything, and thanks to this curiosity, we discovered amazing legal facts about these bicycles. We thought, why not share with our viewers, so yes, welcome to the patented world of bicycles.
One curious known question for all our viewers, why should you call a bicycle a bicycle when you can just call it a cycle? We are sure all of you might know the answer to it but let us just put it here. A cycle refers to something which starts and ends in a circular or, let’s just say, in a consistent motion. Now, this product has two cycles- one in the front and one in the back, and that’s why we call it a bicycle. You might be wondering, what even, it was such a simple reason, but that’s what it is.
What if we add some facts to the definition to make it more interesting for you all to read. History is a very dry subject but when you get to know amazing facts, why not give it a try.
Basics of Patentability:
Beginning with the basics, we shall first understand the patent theory behind the bicycles because we need to keep our fundamentals strong. Patents, as you all know, are exclusive rights given to the patent holder as a reward for their interesting and novel invention. The grant of patents depends upon three basic criteria- novelty, inventive step, and use in the industry.
Self-assessment
Do bicycles qualify for the patent? Yes, they do. They were unique, they had their own method of the invention, and their industrial application is very evident. Voila!! They can be a patentable subject matter.
But, which category of patent? There are three types of patent- product patent, process patent, and utility patents. Let us make it easy for you- bicycles come under the category of utility patents. Utility Patents are granted for new products and improvements in existing products. Bicycles were new in the market once upon a time, but now they have simply modified designs of an existing product. Not to forget, each design is completely different from the other, although the fundamentals are the same. Therefore, they fall under the category of utility patents.
There is always confusion between patents and designs when it comes to bicycles. We are not experts in solving this confusion, yet we can give you a small differentiation between the two. Patents focus on the process and steps to invent the product, whereas designs focus on the appearance of the product and how that appearance can be used in the product. Each IP has its own functionality, and you have to choose which one do you want to go for. For further clarifications, you can reach out to our expert team at info@unimarkslegal.com
Technological History:
Coming to the essence of this article, we had conducted research on the patentability of the bicycles, and to our surprise, there were more than 15 patent grants for this product. (We might be wrong with the numbers, it could be more), and these patents were granted by the United States Patent Office. Let us have a sneak peek into the patents.
The history is as old as centuries now, so it might not be feasible to describe its detail. However, we shall try to give in as many details as possible.
The bicycles find their origination through one of the German inventors- Karl daris, who had invented a two-wheeled walking assistant famously known as Parisienne. This is considered to be the first patent in the history of bicycles.
The next major development was seen in the 1860s where is pedals were introduced to add a driving mechanism called pedal velocipede. The patent was filed in 1860 in the US office. (US Patent â„–59915). This patent was issued in November 1866.
Patent for Improved version to Velocipede- titled “Improvised Velocipede†was filed in the year 1869. Rubber tires were introduced in this stage. This design uses a clutch and pulley to create continuous motion.
In 1886, U.S. Patent â„–351001, titled Anti Friction Bearing for Velocipedes, was filed. This design protects a roller-bearing assembly for bicycles that are arranged to create much less wear through friction.
U.S. Patent â„–453550, which is titled Tire for Vehicle-Wheels, was issued to John Boyd Dunlop of Belfast, Ireland, in June 1891. It protected a method of manufacturing and applying inflated tires, which consisted of an air-proof tube and a non-expansive tubular covering.
Recent development:
The main structure and design of the bicycles have a seat, and two wheels remain unchanged. However, modifications have been witnessed through innovations in comfort and safety aspects.
Inventing a bicycle with safety lights and improvised safety tires was one significant patented invention filed via U.S. Patent №8770808, titled “Bicycle Tail Light.†This particular model even came out with provisions to attach the luggage rack behind the seat.
Next in line was a design that created more impact on lights and allowed ease of replacing batteries in them. This was, however, an extended version of the above bicycle, yet it found its way in the patent diary due to its innovation in the tire made of synthetic resin eco-friendly raw materials.
The next patent was assigned to a Japanese company titled Bicycle Seat Position Indicator via U.S. Patent â„–8781690. This indicator sends a signal to the controller regarding the height of the seat relative to the height of the rider and can indicate to the rider that a height adjustment should be made.
Finally, the bicycle with advanced technology intrigued by driver assistance electric motor was granted patent vide U.S. Patent â„–8781663, titled Bicycle Drive Apparatus. The bicycle is still powered by pedaling, but the microcomputer issues a shift command to the transmission for shifting gears automatically.
That’s all about the history of the bicycle, and now that we are wrapping up the article- did you all notice something peculiar about the facts stated above? All the patents were filed in the US office and not India. Not that Indians are way back in the technology sector, but the Indian patent Act, 1970 restricts patent filing for those products that are mere modifications of the existing ones.
The Bottom line:
No one could anticipate that one bicycle could have been patented in many ways. Yes, we all know that innovations are part of life and history reveals that the bicycle has more modifications than innovation. That might sound a bit rude to the readers, yet that’s what history says. However, with that in mind, if you feel your innovations make it up to the criteria and can be patented, then we recommend filing a provisional application at the earliest to make sure your invention stays protected. Also, remember you have 12 months to file complete specifications once the provisional is filed.
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Pharmaceutical trademarking is just the simple trademarking of pharmaceutical drugs, with just more complicated steps than the usual trademarking. It seems like there is a new drug being discovered every day and all have their own distinct effect and all cover different types of personal and a totally different market. People once attached to a drug for a specific problem will stick on to the drug till prescribed differently or if they find the alternative drug more effective. It is not like saying “I’m an Apple user but I’ll give android OS a goâ€, No. No one will be ready to face a risk of health hazard by opting for an alternative drug, so mostly the name of the brand sits harder in the minds of people in the pharmaceutical world more than any other field. And that is the sole reason why there is a heavy complex process to get a pharmaceutical drug patented or trademarked. Strict regulations are in place to prevent confusion or misunderstandings among medical professionals and consumers when using medicinal products, which may on the off chance lead to a fatal health problem.
Before I start on telling you the process and the steps let me make it very clear that pharmaceutical drugs are totally different from cosmetics and supplementary tablets. They both serve a whole different purpose. For naming your pharmaceutical product first you must do what all do initially. “Researchâ€. It is the most important step for starting. As our earlier articles suggest before trademarking or patenting a full search on the name you wish to trademark is advisable. And if you are looking to patent a full search on the specification of your drug is required. All drugs need to be trademarked and patented at all costs to be allowed to hit the market. Trademarking and patenting pharmaceutical products needs highly specialized knowledge in trademarking and experience in the field of the pharmacy industry as well. So it is better to use experts to handle the initial parts for you. Trademark re-searching for a medicinal product is normally a very complex and lengthy job, which should begin in the earliest stages of product development. Getting a legal trademark for a medicinal product is usually not the main challenge; the complexity comes upon obtaining a regulatory trademark as it represents unique and distinctive requirements, industry experience, and knowledge is extremely necessary and you must effectively navigate the process as well.
(Click here if you need your looking for any support of patenting and trademarking) “Naming your drug†is another challenge altogether. They normally require 3 names to go about with naming a drug:
The Chemical name
A Generic non-proprietary name
The Brand name.
Just for your understanding, I’ll give you an example. A drug called ROKO 2mg is predominately used as an anti-diarrhea tablet has
A Chemical name ‘ROKO’
A Generic name ‘LOPERAMIDE HYDROCHLORIDE LP’
And a Brand name ‘CIPLA’
This is how you name your drug and in this process, all drugs have a distinctive name and hence can never be accountable for any sort of confusion. Though it does look simple name creation is considered to be one of the most challenging aspects of IP in the pharmaceutical world due to the high level of name rejection by the FDA (Food and Drug Administration). Around 30% of brand names are rejected every year just to reduce the risk of mistaken prescribing, dispensing, or taking medication,
which can cause health issues, such as worsening symptoms, injury, giddiness, and in some cases, death. The generic names and brand name is the simplification of the chemical name of the drug and the desired outcome of the drug. For patenting the process and the outcome of the drug should also be specified for the patenting process to get through. Other than that it’s nearly the same process as normal patenting. In this patenting and exclusivity are both taken into account.
Exclusivity is nothing but the uniqueness of your product and what added advantages it holds over the product already in the market. The market of your drug depends on where exactly your aims of buyers are. For a worldwide distribution, it is a must to get approved by the ‘world health organizational non-proprietary name’ (INN), Food and Drug Administration (FDA), and the European medical agency.
The patenting of drugs is normally scrutinized a touch more because if any mistakes happen its hazards may lead to death. In the past, there were many drugs that proved to be giving grave side effects and since no one wants to see such things happen the test bars are normally set high but again a cheaper and effective drug with fewer side effects is always welcome in the market.
Are you having an idea of patenting or trade making your very own drug?
To Know More about patent — — — → Click here
To Know More about Trademark — — — → Click Here
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The new iPhone X proved to be a revolution in the market of smartphones. The extension on the display up till the edge of the screen with the no waste space for the home button proved to be a new stylish touch for many new coming up phones. We can see after its hit with the iPhone X model that there have been few phone companies that picked its idea (notch) and introduced cheaper phones in the Android platform. But what if I told you APPLE INC. were not the first people to even come up with this idea.
iPhone X is the eleventh generational iPhone, which was released on Nov 3rd, 2017 making the 10th year anniversary of the prestigious iPhone product. But after its introduction, many started to take a unique liking to the notch display. The eye-catching full edge display got people going crazy for it and often the technology which makes people go crazy gets the other companies to go crazy as well. Many Android phone producing companies liked this idea and started interpreting it to their phone models, now every company producing phones have at least one model made of the notch. Just search “notch phones†on Google, you’ll know.
This is not the first time for Apple as well, they have been the pioneers of products for nearly an entire generation and they are the ones who set the trend for the others. But in this case, Apple proved to the world that it doesn’t need a trendsetting idea to make a trend, every trendsetting idea needs the name apple to become trendy. Essential was the first person to release the notch displayed model on the 20th of May 2017(around 5 months before iPhone X), despite being a nice compact model it was pretty forgettable by many. LG where actually the first to patent the product, it had a Korean patent in the year 2016 for the future phones they had in mind (v50, etc.).
But the model that they wanted to master was different; they aimed to notch only the top for the ‘Wi-Fi’, ‘silent’, ‘data’ etc. iPhone just went a notch further with the notch and made the whole display notch which gave a greater dynamism to the screen.
They also used Samsung’s edge concept and put it into their product to make the edges curved. After the hit of the iPhone X, many companies used its patent and made phones with their identical design. Notch has around 15 types of patents bought by different companies because each had its own way to bring some sort of innovation into the earlier product. Their claim to be updated to the older design of the notch,
you may think what is there more to do in it but it’s actually the market craves for the notch phones that make them want their own patent. The reason why the patent is important for all these companies is that they do not have to pay anyone for its design and notch on its own is not being considered as a very big innovation but just as a creative design. So a small software upgrade with the notch is considered patentable. And even a few-dimensional difference can be considered as a patent update. Basically speaking notch is the baby many companies claim they own.
So the next time when you hear someone say “everyone is copying iPhone Xâ€, just tell them “no one owns notch†and send them the link of this blog.
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The neem tree is generally called the free tree in other countries. If you have gone to the villages of Tamilnadu you can find one in every street, there used to be one in every street in the city as well, that was before we decided roads were more important than plants and cut them down. But in our culture, the neem tree has a very unique and distinctive place. We had a tree in every house once, all the people who go to their ancestral houses for their holidays will know. For a very long time, it has been used for its herbal essence and was a part and parcel of the rural people’s livelihood. So when the European patent office (EPO) granted the patent of the ‘NEEM TREE’ to the U.S Department of Agriculture and Multinational W.R Grace in the year 1995 it triggered huge rage among the Indians in the sub-continental areas. This case was not a small patent issue, it is the mother patent awareness, I’ll tell you why.
To tell you more about this case you must know the man who stood up for this issue once he heard about it. G.Nammalvar, a dedicated farmer and an agricultural scientist who understood the science of nature more than any man could. A man who educated many of his people in the Thanjavur and Tirunelveli district on the methods of the plantation, he wrote books and featured in T.V shows and educated many on the heritage’s methods which were always the most effective for agriculture and Ayurveda. So when he heard about this neem tree patenting he called out immediately and filed a petition against the patent.
The U.S claimed that they were making fungicides from the tree but Nammalvar said the rural people in India were actually doing the same for more than 2000 years, he also questioned how the EPO could offer the patent of a tree to a country that only cultivated artificially developed seeds, he even claimed that the soil of the U.S was totally unsuitable for the plantation of neem and that even if they have to cultivate it they will have to plant it in India. The petition dragged for a few years till the end of 2000 and then EPO called on the representatives of India to Munich, Germany. Nammalvar was accompanied by Vandana Shiva of RFSTE (India-based Research Foundation for Science, Technology, and Ecology), former Belgian health minister Magda Alevoet and a few others.
They all gathered outside the EPO Head office in Munich when just an Officer and a Lawyer came out, they were shocked to actually see them holding parts of the neem tree in their hands when the officer asked “What is this†to the first person “This is a neem leaf, you run to a hospital when you get the pox, but we run to our backyard and sleep under the neem tree. That’s it.†He replies. “I see, I see,†he says walking to the next person. “What is this?†he asks the next person “This is a neem seed, heating this in mild flame and smelling the aroma cures viral infection and headaches†he replies Again he says “I see, I see†walking to the next person. “What is this he asks him?†asks the officer “This is called a neem cake; it has been used by our people for more than centuries as insecticides for crops. Exactly what W.R.Grace (us company that has the neem patents) is trying to make now.†He replies boldly.
The officer moves to the next person saying “I see, I seeâ€, again. “What is this? He asks. “The neem skin or outer surface which can be used as a toothpick.†Again “I see, I see,†he says moving to the last person who is Nammalvar. Nammalvar smiles as he arrives and as the officer asks “what is this?†“This is my toothbrush,†he says “Toothbrush?†the officer asks in a puzzled tone. “yes, this is my toothbrush do you know the specialty for this, you need a brush and a paste to brush but my toothbrush has its paste inside, see two in one†he shows it to the officer.
The officer again says “I see, I see†Nammalvar looks at him and saying “It’s got another advantage to this, look†and he drops the stem and then says “if u drop your toothbrush or paste nothing happens, but when I drop my brush a new tree will be born in the same placeâ€. “Really, a new tree can be formed here?†the officer asks. “In our soil, it takes only a few years, but in your soil probably never,†he says with a swagger in his voice.
The officer looks at him with an insulting poker face and walks away without even saying ‘I see’. On the following hearing, India availed the patent rights for neem tree from W.R. Grace. India secured a landmark of victory as this opened the eyes for many on the concept of traditional patenting. Just like the evolution theory which says if you stay in a land long enough it’s your land, the tradition you follow long enough may be considered yours. But patenting them will make them lawfully yours as well. Do you know that the string theory was actually developed by a manifold of the K3-SURFACE written by our own Srinivasa Ramanujan? Half of G.D.Naidu’s inventions went unpasteurized if they were patented many of his discoveries would have gone credited and grandsons could have been Millionaires.
India took notice of this situation after the neem patent win and decided to patent as much as traditional patents they can. They immediately spread the awareness and by the year 2004 IPR had over a hundred patent forwards and approved. In our state, many districts having each famous element registered their patents like:
Madurai jasmine (Madurai malli)
Thanjavur dolls (thalaiyaatti bommai )
Kanchipuram silk
Tamilnadu got 24 of such patented being the state with the 2nd most patents at the year 2004 behind Karnataka. Here is the top 5:
Karnataka with 32 patents
Tamilnadu with 24 patents
Kerala with 21 patents
Orissa with 15 patents
Andhra Pradesh(Telangana) with 11 patents
This is the list for the year 2004. In 2016, the number stood at 9,847, the data submitted to the Rajya Sabha (the upper house of parliament) show in 2017, up to 13,045 patents were granted in India. Now the number has crossed 14,000 and still going strong. People have realized the importance of patenting and are regularly applying for it to safeguard their invention. Let me finish by saying this patenting your million-dollar invention may not only make you millionaires but your grandson’s billionaires. You will never hear a better quote than this.
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A patent is a form of intellectual property that gives its owner the full legal right to exclude other parties from making, using, selling, and importing a particular invention for a limited period of years, in exchange for publishing and enabling the public disclosure of the particular inventions. In most countries, patents fall under civil law and the patent holders need to sue someone who is infringing the patents in order to enforce his or her patent rights. In some industries patents are the essential form of competitive advantages; in others they are irrelevant. We have already made an article on the patenting procedure. So in this article, we will see the different types of patent searches. It is not commonly known by many inventors that there are various types of patent searches and opinions depending upon the reason for the search.
Namely, there are four varieties of patent searches:
Novelty (patentability)
Freedom to Operate (FTO)
Non-infringement
Validity.
1. Novelty or Patentability Search
Novelty searches tend to be the most common search engine for patent-related searches. Simply stated, this type of search and opinion is conducted to determine the likelihood of getting a patent through the ‘Office of the Controller General of Patents, Designs & Trademarks (CGPDTM). The questions generally asked are whether the invention is patentable through the CGPDTM but does not ask if the invention is infringing any other patents in real life. Typically all startups or those with their new inventions would request a novelty search to determine if their invention is, in fact, distinctive or patentable and worth the time and money to pursue a patent which is a pretty long process. Further, the search can often yield vital information to the inventors such as the other competitors in their same work platform. The inventor must first clearly identify the inventions and then list out all the elements and the key aspects that they believe are novel. Then a comprehensive search is conducted through the CGPDTM database for patents and publications, Google, etc., to determine whether any of the prior art found discloses the same resembling elements in either one patent, or even in multiple prior arts if the combination as disclosed would render the invention obvious.
2. Freedom to Operate Search
A Freedom to Operate (FTO) search, or sometimes called a Clearance search, determines whether it would be prudent to commercialize the product in view of existing in-force patents. In other words, the FTO search would determine if the inventor is free to operate and commercialize the invention without the fear of getting sued for infringement. The focus of an FTO search and opinion is on the claim portion of the in-force patents found rather than the disclosure portion of the prior art as in a novelty search. For this reason, FTO searches tend to be much more complicated, time-intensive, and significantly more expensive typically costing in the thousands. Just like the novelty search, the inventor must clearly identify the inventions and list out all the elements and the key aspects that they believe in the novel. A searcher will conduct a comprehensive search by focusing only on in-force patents and published the patent application in the relevant jurisdictions. The patent attorney will then analyze all the given search results by specifically scrutinizing the independent claim for the relevant patents. The patent attorney would then assess if there is a literal infringement or any infringements under the Doctrine of Equivalents. The goal of the FTO search is to be hopefully determined that the inventor’s proposing the inventions does not infringe upon any of the patents found on the FTO search. If they do, the inventors can decide to abandon the commercialization of the proposed inventions, engage in the redesign, or approach the patent holder for possible licensing negotiations.
3. Non-infringement Opinion
Similar to the FTO search, a non-infringement opinion determines if the inventors proposed in the inventions will infringe a particular patent. However, a non-infringement opinion is directed towards a specific patent or the patents that have been previously identified. A non-infringements opinion should be obtained with a new product, process, or technology which is created but is also known to be nearly similar to any existing patented product, process, technology, particularly in the instances where they are known competitors with the patents. The steps involved for a non-infringement opinion are very similar to the FTO search except, for one thing, no search is conducted because their patent at issue has already been identified. And just as with the FTO opinion, the independent claims of the relevant patents must be deconstructed and then analyzed element by element to the proposed inventions. If the inventor obtains the non-infringements opinion and then later in time issued for the patent infringements based upon the same patent that was analyzed in the non-infringement opinions, the court will consider the opinion and may negate the findings of the enhanced damages for the willful infringements which can often be “treble damagesâ€â€“ tripling the amount of the actual damages. This has been particularly significant in the light of the Supreme Court’s 2016 holding in the Halo Electronics, Inc. v. Pulse Electronics, Inc., et al. and Stryker Corporation, et al. v. Zimmer, Inc., et al. which was lowered to the burdens to damages in the patent infringement cases. The importance is to be obtained in such a way that the opinions cannot be overstated.
4. Validity Search:
Validity searches are usually conducted in a few scenarios. It is initially requested by the potential defendant or a defendant in an actual patent infringement lawsuit who wishes to invalidate the patentee’s patents as a defense to the patent infringement. The goal is to determine whether the identified patent is actually valid or enforceable. A validity search and opinion may be used prior to the buying or licensing of certain patents to determine the strength of those patents. For example, if it turns out that the particular patent at issue is or can be invalidated, then the need to purchase or license the patent can be avoided. A validity opinion could also be used as due diligence prior to the merger or acquisition for purposes of evaluating an IP portfolio of a potential or actual target company.
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Patenting your invention is one of the biggest security you can give to the invention. But ask yourself, why do you Patent your invention? To protect from infringement. Is it just applying for a patent and getting the patent enough? Ok, let me give you an example. What is the use of having a gun when you don’t even know how to pull a trigger when you are actually in danger? It is a violent example, but the patent violation is also a form of violence. And to you are getting a gun called patent to take care of such violence. In previous articles, we have educated on how to get this, in this article we will teach you how to use this gun called “patent†in the battlefield called “oppositionâ€.
Patent opposition in India could be done before the patent is being granted by filing the pre-grant opposition by representation, or even after a year of the patent being granted by filing a post-grant opposition. Pre-grant Opposition could be filed by any person right after the application is published in the Indian Patent Journal until the grant of the patent. The grounds of the opposition are provided under section 25 (1) of the Indian Patent Act 1970 which are:
Non-disclosure or wrongful disclosure of genetic resources or traditional knowledge
Non-compliance with patentability requirements.
Pre-grant opposition is considered only after the filing of the request for examination by the applicant or by other parties. The representation must be given at the appropriate office along with the statement and pieces of evidence in support of their opposition claim. A hearing could be requested if desired, but it is not particularly mandatory. If the Controller decides that the application needs any amendment or rejections, a notice will be sent to the applicant in this regard, which the applicant must reply to within a period of one month from the date of the notice being issued, with a relevant statement and pieces of evidence in support of his/her application. The case will be decided normally within a month’s time, on the completion of the proceedings. Post-grant Opposition procedure could be filed at the appropriate office by any interested person within 12 months from the date of publication of the granted patent in the Indian Patent Journal. The ground rules of opposition areas provided under section 25 (2) of the Patent Act 1970 are as follows:
The patentee or the applicant has wrongfully obtained the invention from the opponent or any other person (third party) from whom the opponent derives the title;
The invention has been published before the priority date, which is subjected to the limitations on anticipation under section 29 Patents Act, 1970;
The invention lacks any sort of inventive steps over any of the prior publication or over any prior inventions in India;
The invention was previously claimed in any other Indian application having an earlier priority date;
The invention was publicly known or has been previously used publicly in India and if an invention relates to that process is found similar, then it shall be deemed to be publicly known or publicly used in India. If a product made by that particular process had already been imported into India before the priority date;
The disclosure of the invention process or in other words the method by which it is to be performed is not sufficient and clear;
The patentee has willingly failed to disclose has furnished false information regarding any foreign applications;
The subject matter in the invention is simply not patentable under the Patents Act 1970;
There is no disclosure or wrong mentioning of the source and the geographical origins of the biological materials used for the invention;
The invention is anticipated by any sort of traditional knowledge in India or elsewhere. The grounds for both pre-grant and post-grant oppositions in India are the same and there is nothing that prohibits a pre-grant opponent from subsequently filing a post-grant opposition. Nevertheless, there are several procedural differences between the two types of opposition. In pre-grant opposition, any person can move the representation, whereas only an interested person can file a post-grant opposition. The opportunity for a hearing is not necessarily mandatory in a pre-grant opposition.
Also, there is no remedy against an order which is passed by the Controller in a pre-grant opposition, except to file a written petition at the High Court. Post-grant opposition could be brought within a year of the patent being granted. The notice of opposition is to be submitted in the prescribed form at the appropriate office along with the written statement setting out the nature of the interests of the opponent, the facts upon which the opponent bases the case, the relief which the opponent seeks at the end of the case with the relevant evidence. One copy of each of the statements and evidence must be provided to the patent holder. As a reply to the notice for the opposition, the patentee should submit a statement setting out the grounds upon which the opposition is to contest along with the evidence in support of his/her case.
The patentee has to reply within a period of two months from the date of receipt of the copy of the written statement and the opponent’s evidence. The patentee has to deliver a copy of his statement and evidence to the opponent. The opponent has to reply within a period of one month from the date of the delivery to him of a copy from the patentee’s reply statements and evidence. The opponent has to provide a copy of the reply evidence to the applying patentee.
The Opposition Board is constituted by the Controllers consisting of as many as three members. One of them could be the chairman. The Examiner who has dealt with the application for the patent during the proceeding for granting the patent is not eligible to be appointed as a member of the Board. The Opposition Board conducts the examination of the notice of the oppositions along with documents such as the relevant statements, evidence and submits a report with reasonings on each ground taken in the notice of opposition with its joint recommendations within three months from the date on which the documents were forwarded to them.
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A patent is an exclusive right that could be generally granted by the governments to the inventor for an invention that is a new, inventive solution to an existing technological problem. The patent rights are granted for a limited period of time in exchange for complete public disclosure of the invention. In this article we will see the different types of patents there are in IPR.
Types of patent applications can protect different kinds of inventions. Savvy inventors can utilize the different kinds of patent applications to secure the rights they need to protect their inventions.
There are four different patent types:
A utility patent: It is a long, technical document that educates the public on how to use a new machine, process, or system. The kinds of inventions protected by utility patents are defined by Congress. New technologies like genetic engineering and internet-delivery software are challenging all the boundaries of other kinds of inventions which could receive utility patent protection.
A provisional patent is similar to a utility patent. The law allows inventors to file a less formal document that proves the inventor was in possession of the invention and had adequately figured out how to make the invention work. Once that is on file, the invention is patent pending. If the investor fails to file the formal utility patent within a year from filing the provisional patents, he or she will lose these filing dates. Any public disclosures made relying on that provisional patent application will now count as public disclosures to the registrar.
A design patent: The shape of the bottle or the design of a shoe which is particularly unique and could be protected by a design patent. The document on itself must be entirely made of pictures or drawings with dimensions of the design on the item to be patented. Design patents are pretty notoriously difficult to search simply in different search engines because there are very few words used in the design patent. In recent years, software companies have used design patents to protect elements of user interfaces and even the shape of touchscreen devices.
A plant patent is just a patent for biological membranes or plants.
A plant patent protects new kinds of plants that are produced by cuttings or other nonsexual or artificial means. Plant patents don’t cover genetically modified organisms and focus more on conventional horticulture. Different patent filings give you different options. For an eggbeater, A Provisionals patent gives you a year to learn more about the devices and the possibility of a market for your patent. As you weigh all your options, keep in mind that filing a patent has consequences. The patent registrar publishes the utility patent applications a few months right after they get filed. At that point, your applications are a prior art against all future inventions. Be sure to file patents which is strategically to avoid tripping over your own inventions. The base point is to keep your inventions protected. If you are going to take the effort to write a patent application, then make sure you fully consider every kind of protection available.
Patent law offers four different kinds of patent applications:
Use them to get the right protection for your budget.
Use patent filings as part of your broader strategy to get a return on your investment. Effectively using all the different kinds of patent protections available to the inventors requires an understanding of what each and every law protects and how they would differ from each other.
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