Sunday, 25 December 2011

Review by designated company mangers of the disclosed idea or innovation for potential commercial worth and value [Estimated Time: 1-2 hours; Cost: company time].

Review and decision by designated company managers whether and how to proceed with commercial development of the idea or innovation and also whether or not to seek patent protection for the innovation based on patent counsel's summary evaluation [Estimated Time: 3- 6 hours; Cost: company time].

Preparation and distribution of a first draft text of the patent application by patent counsel to the named inventors and designated company managers [Estimated Time: 30-35 hours; Cost: $195.00 per hour]

Review and substantive revision of the first draft patent application text by the named inventors and designated company managers and return of the revised first draft text to patent counsel [Estimated Time: 5-10 hours; Cost: company time].

Receipt by patent counsel of final desired or needed changes to the patent application text from the named inventors and designated company managers and preparation of a fully approved text ready to be submitted to the U. S. Patent Office [Estimated Time 2-4 hours; Cost: $195.00 per hour].

Preparation by patent counsel of required supporting formal documents and fee payments to accompany the fully approved patent application manuscript [Estimated Time: 2-3 hours; Cost: $195.00 per hour].

Why all people cannot find some inventions and patent ideas? Every graduate and engineers can become a patent inventor, if they use their mind for creative thinking.
  • Preparation – It is the first step for thinking Patent ideas.



  • What if our assumptions are wrong?

  • How can we continue?

  • Like that for creative thinking to get an idea for patent also, a clear goal is very much important.

    For getting patent ideas, we need to crate problems in the existing one.

    Friday, 23 December 2011

    Patent filing specifications in india

    Commercial Litigation - Patent Infringement in the UK by Defendant  The claimants had alleged various breaches of their UK intellectual property rights by the defendant. The defendant made an application which challenged the jurisdiction of the English courts.

    Commercial Litigation - Patent Infringement in the UK by Defendant


    ;In the event you are filing a PCT national phase application, provide your associate in India following information:

    (iii); English translation of the International Application if filed and published in language other than English.

    (v) ;English translation of the priority documents, if filed and published in language other than English

    ;Priority documents are to be filed in India within 31 months from date of priority, therefore if Form PCT/IB/304 is not available, provide your associate the certified copy of priority documents along with your instruction, so that all documentation can be completed on time.

    ;Where the International application or the priority application are in language other than English, provide an English translation of the same to your associate. ;

    ;In India, the Patent rights accrues from the date of publication of application in India, it is therefore advisable to ensure speedy publication of the application.

    ;A Patent application in India is not examined unless a request for Examination is filed within 48 months from the date of priority. Filing of documents except drawings and affidavits:

    Amended as well as;superseded documents to be submitted electronically.

    Monday, 19 December 2011

    Patent Ductus Arteriosus Destination India

    Software Patent Strategies If Federal Circuit Decisions Results in a Change to the Law

    By including elements like these in a software patent application, an inventor can prepare for changes to the law that might otherwise prevent the granting of protection for a software invention.

    Software Patent Strategies If Federal Circuit Decisions Results in a Change to the Law


    India is fast becoming the world's first choice destination for healthcare services - especially cardiac surgery. On occasion, however, the ductus arteriosus ductus arteriosus does not close on its own and this is referred to as a patent ("Patent" mean open) ductus arteriosus. Infants with a larger PDA may exhibit different symptoms. Symptoms may include: ·Fatigue ·Sweating ·Rapid breathing ·Heavy breathing ·Congested breathing ·Poor weight gain The symptoms of PDA may resemble other medical conditions or heart problems.What does the surgical treatment of Patent Ductus Arteriosus involve?Like other Congenital Heart Diseases, Patent Ductus Arteriosus can close spontaneously if it is small. However, surgical intervention may be needed if the patent ductus arteriosus does not close until the child is 6 months of age. The surgical repair for patent ductus arteriosus is performed under general anesthesia in a hospital setting. What is the long-term outlook after Patent Ductus Arteriosus surgical repair? Patent Ductus Arteriosus Surgery in India:Many renowned hospitals in India brings you're the very best of medical treatments and state of art medical instruments. Besides innovative cardiac treatments, these cardiac care centers or hospitals in India also provide check ups as a preventive step. To know more about Hospitals in India and the patent ductus arteriosus surgery packages available in Hospitals,Please visit- mportant Details:Medical Tourism to India International Patient international.phpEmail

    Sunday, 18 December 2011

    Patent Registration - A Procedure As Valuable As Your Tips

    Even though legal malpractice claims arise out of state law, the CAFC said, they require interpretation of federal patent law and therefore fall within the federal courts' exclusive jurisdiction.

    Question of Patent Law

    In Air Measurement, the plaintiff, Air Measurement Technologies (AMT), filed its malpractice complaint in state court but the law-firm defendants removed the case to federal court. AMT sought to return the case to state court, alleging that the federal court lacked subject-matter jurisdiction. "Because proof of patent infringement is necessary to show AMT would have prevailed in the prior litigation, patent infringement is a 'necessary element' of AMT's malpractice claim and therefore apparently presents a substantial question of patent law conferring § 1338 jurisdiction," the CAFC reasoned.

    Claim Drafting Mistake

    Immunocept sued its lawyers for malpractice in federal court, alleging the patent statute as the basis of jurisdiction. Immunocept could not prove its case without addressing the issue of the scope of the patent claim, and that brings the case under federal jurisdiction, the CAFC said.

    "Because patent claim scope defines the scope of patent protection ... we surely consider claim scope to be a substantial question of patent law," the CAFC said.

    Patent Malpractice Belongs in Federal Court


    However the first step to get the patent is to get a patent application and do the patent registration. After patent registration, we can use the term ‘patent pending' to imply that the given product is registered for a patent.

    Tuesday, 13 December 2011

    To Crush Your Competition A Robust Patent Is Essential Discover How and Why

    Do I Really Need a Patent to Bring My Invention to Market?

    - If you plan to license you should plan to file a patent.

    - If you plan to develop and sell your product for a short period of time it may not be worth filing a patent. First of all, always perform a patent search with a patent agent or attorney to make sure that you are not infringing on anyone's patent.

    The United States Patent and Trademark Office receives hundreds of thousands of patent applications each year. In fact, the Patent Office has recently proposed new patent rules to ease the Examiner workload. In light of the new rule, unless the patent applicant masters the complexities of patent law, the applicant might end up getting a weak patent instead of a strong one.

    Imagine you have filed a patent application where you have defined your invention broadly as well as narrowly in ten succinct sentences in what are known as patent claims. Claim 4 refers back to claim 3, which in turn refers back to claim 2. Claim 5 refers back to claim 1 or claim 4. In this example, say claim 5 refers back to claim 1. You, as patent applicant, have a chance to respond to the Examiner. This time, the Examiner softens a little and says, in a non-final rejection, that invention of claims 4 to 10 would be allowable as a patent if you rewrite claim 4 without a reference to claim 1, but continues to reject the broader invention of claims 1, 2, and 3. You can rewrite claim 4 as the Examiner indicated, as new claim 1, and obtain a patent with new claim 1. The Examiner will argue that original claim 5 referred back to original claim 1. You will get a patent with just one claim. If an infringer challenges your patent, and proves that your only claim is invalid, your entire patent would be thrown out.

    Saturday, 10 December 2011

    The Value of "Patent Pending" Status

    Patent Family and Legal Status Searching

    Differences in the patent families

    This includes all the patent documents resulting from a patent application submitted as a first filing with a patent office and from the same patent application filed within the priority year with a patent office in any other country.

    Patent Family and Legal Status Searching


    Traditionally, patent pending means that a full patent application has been filed with the United States Patent Office.; Usually, it also means that the person who applied for the patent (known as the "applicant") is still waiting to see if the Patent Office is going to grant the patent.; Once the patent is granted, the product will usually be labeled "patented" and list the patent number.

    Thursday, 8 December 2011

    How Do I Know If I Will need A Patent, Trademark, Or Copyright?

    The Therasense Case and USPTO Study Thereof to Assess Impacts on Patent Practice and Procedures

    The U.S. Patent and Trademark Office (PTO) is currently studying the recently-issued and much-anticipated opinion by the Federal Circuit in Therasense, Inc. v. Becton, Dickinson ; Co. (Fed. In short, the Court tightened up the standards for proving inequitable conduct in a patent case.

    In the Therasense case, the Court established that a reference omitted during the prosecution of a patent application is a material reference only if "but for" its exclusion the claim or patent would not have issued.

    The prior art cited during the prosecution of this patent application, which included Therasense's own prior issued patent, included membranes that inhibited electrode fouling.

    Before making this assertion to the PTO in this case, however, counsel before the European Patent Office in arguing for the prior art issued patent used the same declaration in a (successful) effort to distinguish over another prior art reference that disclosed a test strip having a membrane. Abbott counterclaimed for infringement of the '551 patent and two other patents. The District Court granted summary judgment of non-infringement of the two other patents, but found that the '551 patent was unenforceable as a result of Abbott's failure to submit briefs in the European Patent Office during prosecution of the '551 patent, such briefs pertaining to arguments submitted in support of Therasense's prior art issued patent.

    The Court in the Federal Circuit rendered its opinion based on several Supreme Court cases that dealt with inequitable conduct.

    In deciding Therasense, the Court opined that an omitted reference is material reference only if "but for" the exclusion of the reference the patent would not have issued.

    With regard to the materiality element of inequitable conduct, the Court opined that in order to assert a specific intent to deceive by the Applicant, an accused infringer must prove by clear and convincing evidence that the Applicant acted with specific intent to deceive the PTO. In defining such changes, the PTO may attempt to improve the efficiency of patent prosecution, the quality of patents issued, and/or the costs of patent litigation.

    The Therasense Case and USPTO Study Thereof to Assess Impacts on Patent Practice and Procedures


    In short, trademarks are your brand.

    Saturday, 3 December 2011

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

    To Patent your idea, you must first write a provisional patent application. You may negotiate signing fees, royalties, and licensing fees on your idea, in return for negotiating the final patent rights. It contains all of the actual provisional patent application forms -- and only those forms -- required by the United States Patent and Trademark Office (USPTO). Electronic Notebooks and the Requirements to Prove Date of Invention in Patent InterferencesThis paper contains an excerpt of an email I sent to the PIUG (Patent Information User's Group) email distribution list on November 30, 2003.1. In all other major jurisdictions, it is the date of filing of a patent application that is the earliest date allowed to as a date of invention, except where there are issues of theft of invention.2. The law respecting how to prove priority of invention is in fact a well defined body of law. Inventor Assistance for Patents, Prototypes, Marketing ; Licensing
    Request Free Invention Kit Now!

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