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PATENT FILING & PROSECUTION

Patent filing & Prosecution

 

Patent Services IndiaOrigiin team, comprising of passionate domain experts, registered patent agents and patent attorneys with strong technology backgrounds is well versed with drafting, filing and prosecution of patent applications in India and abroad. With 4 core values of Quality, Responsiveness, Approachability and Hassle-free experience to our clients, we have drafted and prosecuted patent applications for fortune 500 companies, leading global law firms, passionate individual inventors and leading academic institutions in the country.

 

Origiin has been listed as one of the Top 25 Legal Consultant of the Year 2014 Silicon India for serving clients with high quality, timely and cost-effective IP Consulting Services. We are currently filing  and prosecuting patent applications in more than 50 countries including geographies such as United States, Europe, China, Japan, Australia, Canada, Republic of Korea, Singapore, Brazil, Africa etc. through our associates.

 

Our core services in the area of patents are as below:

 

  1. Patent search & analysis
  2. Advising and devising right strategies on filing new patent application in India and abroad
  3. Patent specification drafting, filing and prosecution
  4. Filing & prosecution of PCT, PCT national phase, convention applications
  5. Drafting Divisional and patent of addition application
  6. Replying examination reports after complete technical analysis of objections, attending hearings and complete support in terms of meeting with official requirements
  7. Handling amendments, renewal, assignment
  8. Obtaining Foreign Filing License (FFL) from Indian Patent Office under section 39
  9. Filing working of invention reports
  10. National Biodiversity Authority (NBA) permission and complying for all formal requirements to facilitate patent grant
  11. Handling pre-grant & post-grant oppositions and revocation of patents in IPO as well as IPAB, as the case may be
  12. Drafting and assistance in Continuation in part applications, advisory actions, Patent prosecution highway, Proof reading, Notice of Allowance, Maintenance of Patents
  13. Drafting and responding to USPTO, EPO Office actions including characterization of claims
  14. Filing application for compulsory license
  15. Assignment, Licensing of patent, technology transfer agreements
  16. Registration of new plant variety
  17. Patent drawings/illustration
  18. Chemical structure search
  19. Defensive Publication
  20. Registration for Micro Small and Medium Enterprises (MSME)

 

Origiin has been contributing in adding to the list of registered patent agents by providing study material and training to the candidates to clear Indian Patent Agent Exam. We are proud to mention that the study material created by Origiin for Indian Patent Agent Exam has been showcased in European Patent Office Library.

 

Link to official website of Indian Patent Office is as below:

http://www.ipindia.nic.in/patents.htm

Sample of our work

 

Some of patents drafted and prosecuted by Origiin team are as below:

  • US 9046127
  • US 9500393
  • US 9639584
  • US 9821766
  • US 9881509
  • EU 14882497.2
  • EU 14896068.5
  • EU 15835323.5
  • EU 15869430.7
  • EU 15893196.4

Do you need help with Patents?

Checklist before filing for a patent

Filing for a patent is a very exciting time for any organization or an individual inventor. Invention results from an innovative mind and putting it into prototype may require long hours of hard work and of course, funds and resources to see the process through to its completion. For individual inventor, it is a pleasure to be called as an inventor, whereas for a business organization, there may be various reasons to file for a patent. Some of the reasons for it could be filing for a patent may add to the number of applications filed in a given financial year or it might be for securing invention before it becomes publicly known or before commencing the public relations activities/a new product launch or commercialization or often getting application number before talking to investors especially in case of start-ups.
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Can idea be patented?

Patentability of an idea is one of the most common, controversial and toughest questions a patent attorney has to often reply in the first meeting with the enthusiastic and passionate inventor. Though there is no clear answer to this question to be replied in YES or NO but it is worth exploring at times. The answer to this question may vary from idea to idea.

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Filing first patent application

After working intensely for months on the amazing idea, investing money, resources, it’s time to fulfill dreams, set-up new business with the idea and invention that has not been thought about or performed by anyone else in the world before.

This is the most common thought an inventor has before he approaches a patent attorney.

Is there anything else that is required to be done much before? Yes, before commercialization and filing a patent application, there are a few essential steps to be performed before meeting your attorney.

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Systematic documentation of invention

Planning for a patent?

What is the first step?

Once you made up your mind to file for a patent and the first meeting with attorney/agent is fixed, it is extremely important for you document the invention systematically. What all shall be documented and how much details are enough, has to be made clear before you proceed further with drafting specification.

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Unity of invention: Indian perspective

As per Indian Patent Law, one patent application shall relate to a single invention. However, if more than one inventions are to be claimed in single application, it is necessary to establish that the inventions so claimed have unity and they form a single inventive concept. The golden rule is that the claim (s) of a complete specification shall relate to a single invention, i.e. the concept of unity of invention shall be there.

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US or India: Where to file first?

United States Patent and Trademark Office (USPTO) often is one of the favorite or lucrative destination for the applicants for filing a patent application for various reasons, the prime reason being that usually the target as well as potential market of the invented product or process is US. Another major reason for interest in filing in US is that US patent laws permit broader spectrum of software patents compared to Indian Patent Law which says that software per se is not patentable till it has technical application. For all these reasons, at the time of filing for a patent, the biggest dilemma an inventor has is where to file for a patent first, in India or US?

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Labeling products as patent pending

From the date of filing of patent application to the grant is a long procedure and often disappoints the inventor for the reason that grant of patent is going to take long time and securing patent of his interest becomes a great worry till then. However, when a patent application is filed (provisional or complete specification), patent office issues a receipt on which date of filing or priority date is stated. It is worth noting that from that date, the product for which patent has been applied for or product made by a process for which patent has been applied for can be marked as “patent pending” or “patent applied for” as a warning or a notice, meaning that patent has been applied for but not yet granted. The marking as an express notice serves to notify potential infringers, that they may be liable for damages, seizure, and injunction once a patent is issued. The patent law gives applicant all rights and privileges of a patent holder except that law suit cannot be initiated till patent is granted.
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As per the rules of the Bar Council of India, we are not permitted to solicit work or advertise in any manner. By proceeding further and clicking on “I Agree” below, the user acknowledges that the transmission, receipt or use of the information on our website does not tantamount to solicitation, advertisement, inducement or personal communication of any sort for and on behalf of the Firm so as to create an attorney-client relationship. Origiin IP Solutions does not intend to solicit clients through this website. The information provided herein should not be interpreted as legal advice, for which the user must make independent inquiries. Whilst every effort has been taken to ensure the accuracy of the contents of this website, Origiin IP Solutions disclaims all liability arising from reliance placed by the user or any other third party on the information contained therein.
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