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Patent Prosecution

As per the procedure followed by the Indian Patent Office, the patent specification filed by the patent applicant includes invention details and patent claims. As it is well known, the most important aspect of the patent application are the patent claims because the patent claims define the scope of the invention.

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Patent Publication and Examination

The patent application is automatically published after a period of 18 months from the date of filling the application for making it a prior art. Prior art acts as evidence that your invention is already known. In case the applicant is desirous of an early publication, he/she can file under Form 9 requesting for an early publication and by paying the requisite fee provided in Table I of the First Schedule. (See Rule 7 of the Patent Rules, 2003).

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Patent Applications in India

Patent applications are divided into one or more types by the patent office, and as per Indian Patent Office, a patent applicant can type multiple kinds of patent applications.

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Patentability of an Invention

Patentability of an invention refers to patent eligibility of the invention, as defined in the patent laws. When a patent application is examined by the patent office, the primary goal of the patent examiner is to determine the patentability of the invention as defined by the patent claims, as described in detail by the patent description, and as illustrated by way of patent drawings.

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What is a business method patent?

Most business method patents fall under IPC Class G06Q. The Patent Offices worldwide use IPC patent classification to classify patents that claim a system or apparatus and corresponding methods for performing data processing operations uniquely designed for processing data between servers, & handheld devices.

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Best Practices to follow while writing Patent Claims

“At least one” refers to “one or more”  components and therefore if a granted patent claims contains ” one ” or “at least one” will make a lot of difference if an infringer infringes upon the patented product. This example illustrates a need for language manipulation in patent claim writing. 

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Patent Attorney in India – Role of Patent Attorney in India – Patent Lawyer in India

Law Office of Advocate Rahul Dev is an International law firm headquartered in India (Gurgaon) specializing in business law & technology law, & assists clients with business arrangements, & in structuring technology transactions including: Intellectual Property Protection (Patents, Trademarks, Copyrights, Designs), Formation of Companies, Technology Transfer, Business Acquisitions, Marketing of Proprietary Information, Competitive & Business… Continue reading Patent Attorney in India – Role of Patent Attorney in India – Patent Lawyer in India

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How to File a Patent in India – Patent Filing Process in India – Patent Procedure in India

Patent filing guide describing how to patent an idea or an invention and who can file a patent in India as an applicant and an inventor based of Indian patent laws.

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Lawyers in Gurgaon for Legal Consultation – Corporate Law, Family Law, Property Law and Dispute Resolution via Mediation and Arbitration

Best lawyers and law firm in Gurgaon and Delhi for district court and high court matters: Property case, divorce lawyer in gurgaon, sending legal notice for recovery of money

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India’s Patent Ecosystem: Encouraging Strong Patent Innovation

Patent Prosecution Process in India: The overall process of patent prosecution in India is a bit complicated due to multiple compliances and deadlines to follow by the patent applicants. Understanding why a research needs patent protection in a particular country, what all processes and drug products can be patented or how to build a strong portfolio of patents is very vital for success of any biotech ventures.