6 Simple Steps to File a Utility Patent in the US

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When it comes to patents, inventors often refer to utility patents. It is because these patents cover the most prevalent categories of invention. They grant protection to new ideas that produce unique and useful products. As the utility patents can prevent a lot of inventions from being used by other people or companies without permission of the owner, a majority of Patent Applications emphasize these types of patents.

For an invention to obtain utility patent protection, it must fall under one of the following categories:

  • Machines that often consist of moving parts, for example – an engine.
  • Processes that are in the form of stepwise methods, for example – approach to do any business.
  • Useful items that include no or a few moving parts, for example – a screwdriver
  • Compositions of matter that encompass compounds or mixtures, for example – drugs.

If you are having any of the above-given types of inventions and wish to get it patented, then you should meticulously go through the below steps.

Six Fundamental Steps to File a Utility Patent

Note that, the process to file a utility patent is country-specific and therefore, varies from nation to nation. The step-wise process provided here is according to the USPTO (United States Patent and Trademark Office).

  1. Understand patent purpose

The prime purpose of a patent is to empower the inventor with the right to prevent others from manufacturing, using, selling, and importing his invention. It is an exclusive Intellectual Property Right (IPR) that the patentee can enjoy for a specific period. The duration for which the patents are valid is territorial-bound, for example –in the US, a utility patent lasts for 20 years from the date of filing the application.

  1. Maintain invention record

It is imperative to maintain the invention record, including appropriate diagrams and descriptions; important dates, like the date of creation; reason behind the origin of the idea or invention and; signature of at least 2 witnesses supporting the invention.

  1. Ensure that the invention meets the standards set for patenting

Make sure that the idea or invention for which you are seeking a utility patent should suffice the patentability criteria. For this, you should consider the following points:

  • It is not possible to obtain patent protection for an invention from an idea.
  • The work and the efficiency of your idea or invention matter a lot.
  • The invention must be unique, i.e., it should not appear similar to any existing one.
  • The invention or idea must be non-obvious and should hold an excellent subject-matter.
  1. Commercialize potential

The patenting process involves enormous costs. Hence, it is essential to ensure that your invention is worth patenting; otherwise, you can face tremendous monetary loss due to the rejection of your patent application. To prevent such occurrences, you need to be familiar with the market in which you are planning to launch the product. Besides, your invention should hold the ability to stand out in millions to make money via licensing and other ways.

  1. Conduct the patent search

Patent search plays a vital role in the process of obtaining patentability as it can help you in determining whether your invention is new or not. That’s why you should carry out a patent search that includes fetching all the relevant data and information from the U.S. Patent Office and many other journals.

  1. Be aware of the documents required

For obtaining utility patent protection for your invention, you need to be sure for providing the following documents:

  • Form 1: Application for allowance of the patent
  • Form 2: Provisional or complete specification
  • Form 3: Undertakings under section 8
  • Form 4: Declaration as to inventorship
  • Form 26: If filed through a patent agent, then the power of attorney

 

When should you file a utility patent application for your invention?

It is crucial to file your patent application as soon as you could after completing your invention. It is because as per the Patent Law, the first person who applies for the patent is always considered as the inventor, no matter whether he is the real inventor or not. Apart from this, the timely filing of the utility patent application can serve you with many other benefits. Once applied for the patent, you can confidently protect your invention with a label “patent pending” as it will keep the potential infringers away. It will also provide you with a profitable option to seek royalty payments from the person or company who used your invention during the pending period, including the provisional period as well. For more visit: https://www.trademarkmaldives.com

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New Patent Application Shows Walmart is Seeking its own Cryptocurrency

Intellectual PropertyThe retail giant Walmart emerges as the latest entity to move into the space of cryptocurrencies by applying for a new patent focusing on Walmart’s currency. It appears that the retailer is emphasizing a high-profile invasion into the stablecoins arena with the fiat-pledged cryptocurrency.

Walmart filed a Patent Application covering a way for making use of the digital coins tied to the traditional fiat cryptocurrency, which could enable faster and cheaper transactions along with reliability, – as per the filing published on 1st August 2019 by the U.S. Patent and Trademark Office (USPTO).

Walmart Apollo, in its application, described that the currency whose formation would be based on blockchain technology could provide a fee-free or fee-minimal place to store wealth, which could be converted to cash or spent at retailers.

The retailer also proposed that sometimes, the digital currency could even remove the needs for credit or debit cards with persons themselves being credit cards to their digital value banks. It continued by saying that the invention could:

  • Offer an open-platform value exchange for crowdsourcing work and purchases.
  • Store the purchasing history of customers, thus providing an option to save on frequent purchases.

The digital currency could appear as a profitable alternative that allows low-income households to manage wealth at institutions, which can supply a majority of the products they need on a day-to-day basis.

Customer Restrictions

Blockchain technology is not new for Walmart; instead, it is already being used by the company to keep track of products through its supply chain. For instance – in 2018, the retail giant partnered with IBM for tracking food globally along its supply chain and improving food safety.

No doubt that the retail giant is making noticeable efforts in this field. But, an email in which Kory Lundberg, a spokesman for Walmart wrote that they don’t have any plans for this patent, shows that even if approved, Walmart doesn’t appear to launch a coin similar to Libra.

Powered by blockchain technology, Libra is a new global currency proposed by Facebook.

Facebook (FB) has also set its vision on cryptocurrencies, by announcing (this year in June) that its Calibra would soon propose a digital wallet for Libra. However, in its second-quarter earnings release, FB told the investors that certain aspects could interrupt the Libra’s release. Previously, the launch of Libra was expected to take place in the next year. For more visit: https://www.trademarkmaldives.com

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IGBA Addresses Intellectual Property and Regulatory Convergence Concerns

Intellectual PropertyAbbreviated as IGBA, the International Generic and Biosimilar Medicines Association, has recently released a report on the way trade agreements can nurture the generic and biosimilar medicines and enhance patient access to care.

In the report, the association said that it firmly supports the rules-based multilateral trading system and sets out its priorities for the generic and biosimilar products in trade agreements. It explained that the multilateral trading system ensures that international trade is carried out by considering the rule of law and due process.

Jim Keon, the chair of IGBA International Trade and Intellectual Property Committee, in a statement said that while trade agreements should emphasize facilitating trade amongst countries, all too often they see agreements that erect novel barriers to trade for generic and biosimilar medications manufacturers and impede access to inexpensive medicines.

He further added that the removal of these barriers would provide many benefits like it will reduce the costs for developing generic and biosimilar medicines and shall allow free trading along with on-time entry of products into the market.

Firstly, IGBA called for considerable transparency in legislative and administrative processes for products, along with remarkable regulatory convergence of needs that pertains to product approval. It raised its voice for conditions that will enable the development of generics in single programs and supports convergence in requirements for generics assessment to reduce development costs.

In regards to biosimilars, IGBA noted some regulators who are looking for letting the use of foreign comparator products. And it said that the trade agreements could need frameworks that approve global development programs and convergence of data requirements for biosimilars.

The organization also called for trade agreements to create and develop collaborative approaches for product manufacturing practice, and evade duplication of inspections.

The association raised concerns regarding Intellectual Property (IP) provisions in trade agreements and commented that rather than multilateral, bilateral negotiations could lead to the formation of novel IP standards that can alter the balance between ensuring competition and encouraging investment. Therefore, the procurements on the patentability of inventions should rely on the TRIPS agreement, the Agreement on Trade-Related Aspects of Intellectual Property Rights.

IGBA continued that data exclusivity is not mandated by the TRIPS Agreement and ideas to introduce this exclusivity into trade agreements should be rejected. It even opposed the inclusion of requirements generating longer market exclusivity time for biologics.

The association also revealed its concerns related to abusive intellectual property-related practices and announced that it would engage with negotiators for providing detailed information on the way treaty language can protect against abuses.

Lastly, the report showed IGBA’s concern about the incentives for generics and biosimilars and stated that the countrieswhere patent linkage exists and data protection is highshould ensure having clear frameworks emphasizing incentives. For more visit: https://www.trademarkmaldives.com

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What Are The Different Types of Trademarks?

Trademark RegistrationTrademark, which owns the ability to distinguish your products from the competitors’, is one of the many forms of Intellectual Property (IP) available in the industry. With the capability of defining the products’ origin and quality, a trademark not only avoids the infringement issues but also creates goodwill that enhances the brand reputation. It is applicable for various recognizable representations, including words, 3D marks, logos, signs, images, expressions, and even the combination of colors.

Types of Trademarks

Since it is likely to get the trademark registered for multiple representations, the process of doing so appears a bit confusing. Therefore, first of all, you should determine the appropriate way to characterize the produces. As per Trademark Law, trademarks can protect any unique device, label, signature, word, and combination of colors.

Generally, you can obtain the trademark protection for the below-listed types of representations:

  1. Wordmarks

Wordmarks often consist of one or more words or a combination of letters, numbers, and words. A name, whether personal or surname, can also get the registration under this type. A wordmark is not applicable for specialized fonts or shapes, which means that if you want to protect a specific font, then you need to apply for a device or figurative mark.

Example- The name of any firm is a wordmark.

  1. Figurative marks/ Device marks/ Logotype

These are the trademarks consisting of a figure or a combination of figures and words or numbers. Words in a stylized font or a unique graphical representation can qualify the standards set to get a device mark.

Example – A wordmark represented in a specific font is a device mark.

  1. Labels

Labels on the packaged goods generally contain several distinct elements that make it convenient for the consumers to not only identify the product but also associate the same with a certain quality. Hence, the unique labels that provide precise and clear information can be registered.

Example – A label like PEPSI that aids consumers in identifying the soft drink of this brand, and thus not getting confused with other soft drinks, is worthy to obtain the trademark protection.

  1. Combination of colors

You can get the trademark protection for the combination of colors, regardless of whether or not it includes any word, figure, or numeral. However, it is beneficial to note that the protection will not be valid if the colors while representing the product to end-users appear different from the registered ones.

  1. Three-dimensional (3D) Marks

3D marks, which consist of three-dimensional shape or packaging fulfilling the specified requirements of distinctiveness in the concerned jurisdictional market, are eligible for trademark registration.

  1. Sound Marks

A sound that enables the consumers to differentiate it from others qualifies the eligibility criteria to get registered as a trademark. A sound mark can be in the form of a melody or sound with a distinct recognition effect.

  1. Shape Marks

The unique shape of a product that makes it different from several other goods available in the market is also worthy to obtain trademark protection. Bottles of perfumes are the most common examples of shape trademarks.

  1. Motion Marks

These are the marks that include shifting, changing, or moving parts, which show the motion. Marks that often showcase animated logotype also meet the standards required to ensure protection under trademark registration.

  1. Hologram Marks

A mark that owns the ability to display a 3D picture by using a holographic technique, for instance: a rotating logo, can also be protected under the shelter of a trademark.

  1. Position Marks

A position mark works in regard to the placement, size, and proportion it owns in comparison to the product on which the owner wants to fix it. These types of marks whose specific positioning is unusual to the particular market are likely to avail protection under trademark registration.

  1. Collective Marks

These include the marks that associations own to work collectively by letting their members also use them. These are generally used to indicate trade connections with the associations and can receive trademark protection.

  1. Certification Marks

Certification mark indicates that a specific product has successfully qualified certain tests of quality and therefore, is allowed to use the registered trademark.

A trademark undoubtedly plays a significant role in protecting the products. It not only develops the goodwill and reputation of the brand but also creates a long-lasting and impressive impact on the minds of the consumers. For more visit: https://www.trademarkmaldives.com

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Is the IP Assignment Agreement and IP License Agreement the same or different?

Intellectual Property Rights Intellectual Property Rights (IPR), enable the companies to generate remarkable revenue by marketing the products while ensuring their protection. It makes Intellectual Property (IP) comparatively more valuable than tangible property. That’s why it is crucial to safeguard your IP through trademarks, patents, copyrights, or other legal doctrines.

The granted IP rights sometimes provide a more convenient option of earning by allowing you to let any other willing third-party use them in exchange for a fee. In the IP industry, you can transfer your rights to someone else under some legal agreements.

Intellectual Property Assignment Agreements and Intellectual Property Licenses

The agreements that bestow you with the ability to confer your IP rights to others along with ascertaining how they can use them exist in two forms: Assignment Agreements and License Agreements.

Intellectual Property Assignment Agreements

An Intellectual property assignment agreement, whether in the context of an employment or not, is a beneficial contract used to transfer the ownership of a specific IP from one party to another. Under this, you permanently assign all your rights to the assignee in exchange for a specified amount. In other words, this agreement makes you sell the rights to others in the same way as you could vend physical property for a permanent transfer. Generally, you abandon all control, claim, and involvement on the transferred IP rights.

Intellectual Property License Agreement

An intellectual property license agreement or intellectual property facilitates you to permit others to use your IP rights while retaining ownership of the same. Under these contracts, you can trade your patents, trademarks, or copyrights for a specific amount of time.

Difference between the IP License Agreement and IP Assignment Agreement

People often have a query; Is IP Assignment and IP License the same or different. The fact is that both of these documents provide the same ability to transfer your IP rights but under different policies.

Three main differences are as follows:

  1. Interest in Intellectual Property

Interest in the IP is the first thing that differs IP licensing from IP assigning.

IP licensing allows the licensor to permit a licensee to use his IP in a particular way. The owner still retains an interest in the licensed property. It is an agreement that suits the needs of the IP holder who wants to earn profits by selling the IP but without transferring his ownership. It enables you to determine how the party is using your IP and end up the partnership if it lacks the expected advantages. With this, you can obtain a steady income from your partner over a specific period and confer the same rights to several users.

On the other side, IP assigning authorizes the assignor to give all his rights to the assignee in exchange for a fee. The IP assignment agreement permanently ceases the assignor to hold interest in his IP. It means once you assign your IP to someone, you no longer own any responsibility towards the same. You can neither claim nor sue the assignee in regards to any issue related to your IP. These agreements are suitable for those who want to sell their entire business or wish to leave that field.

  1. Notification

The second considerable thing that showcases the difference between these two legal agreements is the requirement of the notification procedure to ensure their enforceability.

In the case of the IP assignment agreement, the owner needs to file an application and notify the assignment recordation branch about his desire to transfer the ownership of the IP. As it allows the permanent transference of the property, the agreement should be in writing. However, the licensor can grant his IP rights (under IP licensing) orally and needn’t necessarily file an application or hold the contract in written form.

  1. Payment and reverse the transfer of IP rights

An intellectual property licensing allows long-term payments, whereas intellectual property assignment agreement expects upfront payments. The IP licensor can reverse the transfer of rights if he finds the partnership unprofitable, but the IP assignor can’t.

What is the importance of these two agreements?

Since these agreements provide the key details including the responsibilities of each party, they establish good relationships, which lead to the development of the IP industry. Once transferred with the help of these documents, the IP rights can stay away from infringement for years and years. But note that an inappropriately formed agreement can reduce your profits by negatively impacting your Intellectual Property Protection. So, you should always set these agreements under the supervision of an experienced attorney, who can assure that all the responsibilities provided in the documents are precise and leave no room for issues. For more visit: https://www.trademarkmaldives.com

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Gurugram-based Startup Rivigo obtains US patent for its Relay System

Patent ApplicationRivigo, a tech-enabled Indian logistics startup on 30th July 2019 proclaimed that its unique driver relay system has recently obtained patent rights by the United States Patent and Trademark Office (USPTO).

The granted patent involves a model that utilizes algorithms to develop an “Intelligent driver allocation system,” which determines the availability of the drivers, enabling them to reach home the same day.

As the company explained, the algorithms empower the system to pick the precise driver for duty based on various parameters, like the equal distribution of driving hours, transit hours, and rest hours. Moreover, by considering other parameters such as driving behavior, the algorithms keep track of driver performance.

Rivigo’s co-founder Gazal Kalra explained that based on advanced technology, this first relay system would streamline the sector and ensure a vital job opportunity for truck drivers. He added that it is an endorsement of their pilot-first model, predicated on reforms at the human and technological level.

In 2014, Gazal Kalra and Deepak Garg had founded Rivigo, the company offering pan-India delivery services to automobile, pharmaceutical, E-Commerce, cold-chain, and fast-moving consumer goods enterprises. Owning around 2,100 trucks and a pan-India network across 150 locations, it covers over 29K pin code across India.

The company announced that the algorithms ensure many things, including:

  • The drivers remain behind the wheel for a maximum of four to five hours and hence, reach home each day.
  • A remarkable reduction in accidents on the highways by allocating the truck drivers with not just the fixed working hours but also mandatory rest before every upcoming trip.
  • A noticeable decrease in the transit time needed in long-distance transportation.

The company said that this “Relay-as-a-Service” system would provide a scalable and sustainable solution to the issue of the shortage of 482 drivers over every 1,000 trucks in India.

The company also said that its existing investors; SAIF Partners and Warburg Pincus invested $65 million as part of its Series E round. The investment will strengthen its technology and network coverage.

Rivigo wants to bring change in the way logistics is done in India, and that’s why it filed a Patent Application, including this relay model. The industry had accepted the firm’s revolutionary ideas and patented the model, allowing it to ensure that the drivers can sleep at their homes every night. For more visit: https://www.trademarkmaldives.com

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Strategies to Manage Patent Costs

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Due to the concerns related to budget cuts, the finance and Intellectual Property (IP) teams of companies that need to obtain patents year after year, are under enormous pressure. Besides, people usually want to get their inventions patented in all countries worldwide, but unable to do so because the process appears quite expensive. Therefore, it is significant for them to use cost-effective strategies that help them in keeping their patenting budget under control.

The below strategies can help the inventors in controlling their patenting costs not just at the time of filing but also throughout the lifecycle of a patent.

  1. Be careful while deciding about the country

There is nothing like ‘International Patent’ or ‘World Patent’ in our intellectual property industry. In other words, no single patent can protect an invention in all the nations of the world. It means if the applicant wishes to obtain patent protection in any country, he needs to apply for the patent in that particular nation. Hence, the foremost step in cost-effective strategies includes market assessment of product potential, the nature of the invention, growth of technology within the lifecycle of the patent, the enforceability of patents, competitors and their filing strategies. Moreover, it is crucial to know how different jurisdictions define patentable or non-patentable inventions. For instance – under the Patent Law of India, Europe, and Canada, the inventors cannot obtain patent rights for methods of diagnosis or treatment.

  1. Go for e-filing services

Intending to improve their carbon footprint, enhance efficiency, and cut costs, IP offices of many countries, including Australia, India, Japan, Brazil, Malaysia, etc., offer e-filing services at preferential rates. Take advantage of these services.

  1. Emphasize translation costs

Translation costs often get highlighted:

  • When filing a Patent Application in jurisdictions where English is not in use as an official language.
  • At the time of verifying a granted European patent in the relevant EPO member states.
  • While the allowance of a European patent.

To reduce the translation costs, you should emphasize English language jurisdictions, remove redundant texts from your patent specifications, and focus on effective patent drafting.

  1. Be familiar with the variations in fee

The patenting fees vary as per two things; the jurisdictions and the claims involved in an application. Claims in the patent application can affect the fees not just at the time of filing a patent but also while requesting its testing and maintaining its validity. Hence, it is beneficial to merge multiple claims into single such that it appears the dependant form of merged ones. Besides, don’t forget to delete the claims that hold limited value and high probability of refusal.

  1. Consider using the Patent Cooperation Treaty (PCT)

By allowing the inventor to file one international patent application, PCT helps him to defer the costs of filing national patent applications in 150 nations by around 30 months from the day of the first filing.

  1. Choose ISA carefully

The process of applying for a patent under PCT involves the selection of ISA (International Searching Authority) to undertake prior art search for ascertaining the inventiveness and originality of the technology for which the inventor is seeking a patent. At present, 22 patent offices operate as ISAs across the world. It is advisable to choose the ISA situated in the nation where you plan to file a national phase patent. You should also consider the time that ISAs takes to produce reports and the quality of these reports while selecting an ISA.

  1. Prefer filing request for examination together with your application

Filing a request for examination at the time of applying for a patent will help you in saving not just money but also the time in jurisdictions that follow a deferred system of testing.

  1. Have the benefit of modified substantive examination option

It is an option, where the IP offices can grant patent even if it corresponds to one already patented in any other jurisdiction. Usage of this option can help you in having the benefits of substantial savings on prosecution costs.

  1. Keep supporting documents in sequence

Ensure keeping supporting documents, like certified priority documents, assignment deeds, or other, handy as it will aid you in avoiding expensive and painful delays.

  1. Don’t miss the expedited processing option

Many national patent offices collaborate through PPH (Patent Prosecution Highway) to streamline and expedite the processing of patent applications. Don’t forget to take advantage of this option.

  1. Make attempts to reduce maintenance fees

Just by declaring your intention to license a patent to any successful or willing third-party, you can reduce the expensive maintenance cost to the least possible extent.

  1. Emphasize strategic abandonment

Strategic abandonment that extends the patent ages can lead to substantial savings in the maintenance fees payable throughout the lifecycle of patents.

Since obtaining and maintaining a patent can leave your company’s finance teams with tremendous strain, it is imperative to use cost-effective strategies that would effectively support your business goals. For more visit: https://www.trademarkmaldives.com

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Lego Group Wins Copyright Dispute Against Best-lock

Trademark RegistrationA Danish toy production company, Lego has won a Copyright Infringement case against Best-Lock construction toys, a British competitor.

While reviewing the case on Thursday, i.e., 25th July 2019, the US District Court for the District of Connecticut determined that the figurines of Best-Lock had infringed several US copyright registrations that Lego had owned in 1994.

The dispute started when Lego sued Best-Lock in 2011. The former accused the later of producing and selling its minifigures.

The court explained that the Best-Lock’s ads had highlighted the interchangeability of its figures and their parts with Lego’s. The defendant claimed that the argument of the plaintiff concerning the copyright registrations is invalid and unreliable; however, the defendant couldn’t provide any evidence for the same.

It added that while specific elements of Lego minifigures are useful, the fact is that the components are functional and do not render the product uncopyrightable. It is beyond dispute that Best-Lock had accessed the copyrighted work of Lego.

The court continued and referred to the evidence of an interview that took place in 2012. In the interview, Best-Lock’s CEO said that since a child is growing up in Germany, he had admired Lego’s toys, but later found that it had copied a British psychologist’s bricks created in the 1940s’. It explained that products sold by the defendant are not only similar to the applicant’s but also indistinguishable. The comparison of Best-Lock’s products with Lego’s clearly shows that the former had copied the original elements of later.

Best-Lock, in defense, argued that it had been selling the toys in the USA market for several years. But, Lego filed a case against it after US Customs and Border Protection seized a shipment of its products, which they perceived were infringing the Lego’s copyrights.

Ruled in favor of the applicant, the court revealed that it would adjudge the defendant’s equitable estoppel defense at a plenary bench at a later date.

US Customs and Border Protection highlighted the reason behind the seizure and said that it carried out this act because Back-Lock infringed copyrights of Lego.

The filing said; the plaintiff had not previously attempted to stop the defendant from trading its figures in the US. Moreover, it had not provided any warning or notice revealing the information about the infringement of its minifigures by Best-Lock’s. Apart from all these facts, the Court emphasizes the direct interaction between Best-Lock and Lego. Took place abroad, i.e., outside the USA, the interaction misleads the former with the thought that the later would not sue it inside the US. For more visit: https://www.trademarkmaldives.com

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Patenting in Pharmaceutical Industry: An Indian Perspective

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The pharma industry is continuously growing as one of the most profound ‘knowledge-driven’ sectors. Since the researches in this sector are expensive and unpredictable, it is vital to safeguard their outcomes, which can be a new and inventive product or process. Granted patent, which can aid pharmaceutical companies to prevent any unauthorized commercial use of their inventions, is the best means to avoid infringement in this industry. Patents, trademarks, copyrights, and geographical indication are the forms of Intellectual Property Rights derived for safeguarding the Intellectual Property (IP). Remember that not all rights can protect all types of intangible property. For instance – when it comes to pharmaceutical products, patents (out of all the forms of IPR) appear more valuable to protect the inventors’ invention.

What does Patent in Pharmaceutical Industry mean?

Patent, in this sector, refers to the legal protection for the inventors’ inventions, including new and useful medicines or drugs discovered by the research-based pharmaceutical firms. The patent rights on drugs mean that only the patentee can manufacture, use, and sell the patented drug. The patent can also provide solutions for technical issues, but to obtain those benefits by getting the invention patented, the inventors should ensure that their ideas satisfy the criteria of patentability.

What is the Criteria of Patentability in Pharma Industry?

As the Indian Patent Law states – an invention, whether or not related to the pharma sector, is patentable only if it meets the following requirements:

i) Newness/ uniqueness: The process or product must be unique, i.e., it should not be available or known to anybody in the world before the date of filing.

ii) Non-obvious: The invention should include features that make it non-obvious even to the skilled persons, for example – it should have advancements over existing knowledge or methods.

iii) Industrial Applicability: The process or product should fit the relevant industry.  For instance – a new approach of removing tumor cells from the patient’s body is not patented because it is industrially not applicable.

What are the Types of Pharmaceutical Patents?

If dealing with processes or products that pertain to a comparatively more intense ‘knowledge-driven’ industry, i.e., the pharma sector, the inventor should be more careful about patenting his inventions. Alike in other areas, the patents in the pharmaceutical industry are also territorially bound. Note that even the classification of patents varies from country to country and as per the Indian patent law, the pharmaceutical patents are classified under the following categories:

  1. Drug Compound Patents

The patents that claim any drug compound by considering its chemical composition fall under this category. Known as Markush type claims, these patents serve the inventor of a drug with the broadest protection by preventing others from preparing, using, or selling a similar drug. As long as the granted patent is valid, no one except the owner is allowed to produce or use any formulation involving his drug.

  1. Synergistic Combination Patents

Drug synergy happens when two or more drugs interact with each other to magnify or enhance the effects of the drugs. Patent law, granted by the Indian government under this type, allows the inventors to protect the new synergistic combinations of the drugs.

  1. Technology Patents

The patents under this category are associated with the techniques pharmaceutical companies use to solve specific technology-based issues, including taste-masking, stabilization, and increase in the solubility. Once obtained the patent, the inventors can prevent the usage of the same techniques.

  1. Polymorph Patents

Polymorphs refer to various physical forms or crystal structures of an existing compound. Firms produce them to lessen the impurities or upsurge the stability of their already known compounds. Due to the polymorph patents, innovative companies can safeguard the improved versions of their original or existing drugs.

  1. Process Patents

These are the patents that focus on the process of producing drugs rather than drugs. The process patents in India have been bestowing the inventors to produce and get the same products patented, but only if the process used to create them is novel.

What are the Benefits of Pharmaceutical Patents?

  • Patents in the pharma industry contribute to around 80% of the total revenue generated and is the main component adding to the growth of a drug manufacturer.
  • The granted patent is vital to protect not just products but also the innovative approaches to produce them.
  • By preventing the competitors or others from copying any drug, treatment, or medication, patent rights avoid patent infringement.
  • Patents in the pharma industry help in obtaining a remarkably good return on the high investments made to research, manufacture, and launch a new drug.

Aiming at balancing and fulfilling the requirements of both; the pharmaceutical companies and the consumers, the patent law in India is one of the best examples of patent legislation. Today, a wide range of pharmaceutical products and processes can obtain patent protection. However, before filing the Patent Application, the researchers or inventors of pharmaceutical products or processes must know about the criteria of patentability and the type of patents. It will aid them in obtaining the benefits of patent protection without any hassle. For more visit: https://www.trademarkmaldives.com

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Advantages of Patent Registration in India

Intellectual Property

What is a patent? Is getting a patent beneficial? These are some common questions that can commence hovering over the mind of inventors when they come up with new inventions and attempt to relate them to patenting. A patent is one of the most exclusive Intellectual Property Rights (IPR) granted to an inventor by his country’s government for his unique invention. It empowers the inventor to prevent others from copying, modifying, trading, or importing the invention without his consent. The patent protection continues throughout its lifespan, which is country-specific. In India, the tenure of a patent lasts for 20 years right from the date of filing. It is vital to note that after this duration, anyone can use the invention. The granted patent can bestow the applicant with an umbrella full of benefits.

How is the patent registration in India beneficial?

Patent Law inspires people to come up with more and more ideas as once the patent is granted; the inventor becomes the only owner of his invention. The patent rights being different from other types of Intellectual Property (IP), can be bought, sold, or licensed. As these rights are territorial bound, one country’s patent provides the rights applicable within that nation only. For instance, the patent granted in India gives the owner rights that help in avoiding infringement issues by preventing unauthorized users from importing or using the same ideas within Indian Territory. Apart from inventors, the patent system leads to the growth of the nation’s economy by benefitting the public with affordable services.

After obtaining a patent, the owner can grab a lot of advantages. Let’s go through some of them.

  1. Provides exclusive access to all rights even at early filing

The benefits start serving the inventor from the first step of patent registration means the time when he applies for the patent. As soon as the applicant files the Provisional Patent Application, he will get the security and surety that no one else could claim the same invention, exclusively within 12 months. If any other person or company files  a similar Patent Application, the request will get rejected for the filing period.

  1. Authorizes complete freedom of reforms

The granted patent entitles the inventors to do anything with their ideas for the valid duration, which is 20 years in India. Within this period, no one can use, sell, or modify the original invention without the owner’s consent. Moreover, the inventor owns all the rights to sue the unauthorized user for using his ideas as such usage leads to patent infringement, which is a criminal offense.

  1. Generates ROI (Return on Investment)

If the owner feels that his invention is not offering the expected results, and wants to hand it over to any successful or deserving person, he can easily do so. The patent rights allow him to commercialize the invention while earning a good amount of returns on his investments.

  1. Gives a good market status

The patent law permits the inventor to obtain a remarkable public impression and improve his portfolio by disclosing the invention in the public domain. It further aids him in building up his reputation in the market and a good relationship with competitors and consumers. All these factors will ultimately upsurge his profits.

  1. Allows public disclosure

Patent rights enable the inventor to go for public disclosure that not just builds his portfolio but also increases the company’s funds, business partners, and market value. Sharing information publicly regarding the invention will demonstrate the good command and specialization of the inventor over the technical subject-matter. It will benefit the owner by attracting high-end and leading investors, business partners, shareholders, and consumers.

Why is getting patent for an invention crucial?

If the owners do not get their invention patented, then others can steal their ideas, and obtain all the above-given advantages. After going through the information provided above, one can conclude that if an inventor tries to get a patent, he should have enough knowledge about various things, like the IP industry, market scenarios, patent laws, and competitors. The inventor needs to move step by step and remember the deadlines, along with constantly keeping tracks of patent legal standards as well as required documents. However, getting a patent appears a bit tough job but earning something in your name for a certain period is worthy. For more visit: https://www.trademarkmaldives.com

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