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Showing posts with the label Patent Attorney

What is the difference between patentability and freedom to operate?

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PATENTABILITY SEARCH: There are three prerequisites for getting a patent namely: (i) novelty, (ii) inventive-step (non-obviousness) and (iii) industrial application (utility).An invention is said to be novel when it is neither published anywhere in the world nor used by public before the date of filing patent application. For more information regarding patentability, click on the link below: Delhi IP  · February 10, 2023 What is Patentability/Novelty Search in Patents? There are three prerequisites for getting a patent namely: (i) novelty, (ii) inventive-step (non-obviousness) and (iii) industrial application (utility). The first and foremost prerequisite is novelty and then comes inventive-step (non-obviousness). Establishing industrial application (utility)is comparatively easier. An invention is said to be novel when it is neither published anywhere in the world nor used by public before the date of filing patent application. Similarly, an invention is said to be inventive ...

What role does a patent lawyer play in assisting startups with intellectual property protection?

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There are many start-ups based on innovative solutions. Their sole reason of success is that their intellectual property is efficiently protected and commercially exploited. A patent/IP lawyer can help you to keep your invention confidential by assisting you in drafting and getting into non-disclosure and confidentiality agreements with parties with whom you discuss regarding commercial exploitation of your invention. Further, a patent/IP lawyer is the best person who timely secure your invention and assist you in procuring exclusive right over your intellectual property. A patent lawyer is also helpful in commercial dealing in respect of intellectual property for negotiating deals, assessing strength of intellectual property which is also subject matter of commercial transaction and facilitating technology transfer of your inventions. It is always advisable to get in touch with an efficient and experienced patent/IP attorney once you set up a start-up and looking to commercially explo...

What is patent litigation?

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Patent litigation is the legal process where disputes regarding patent rights are resolved through court proceedings. It typically begins with one party (the patent holder) alleging that another party (the accused infringer) is using, making, selling, or importing a patented invention without authorization. The process involves filing a complaint, responding to legal claims, exchanging evidence through discovery, interpreting the scope of patent claims, potentially resolving the case through summary judgment or trial, and reaching a verdict that determines infringement and, sometimes, patent validity. Appeals may follow any decision. We hope we answered your question / query. Thanks & Regards, Delhi Intellectual Property LLP Phone: +91-9911456111 / +91-9911984111 / +91-9911860111 / +91-9540656111 Website:  www.delhiip.com Email:  info@delhiip.com  |  patent@delhiip.com  |  design@delhiip.com  |  trademark@delhiip.com  |  copyright@de...

Is hiring a patent paralegal firm for patent registration good for you?

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Hiring a patent paralegal firm can be beneficial for companies or individuals seeking patent registration, depending on their specific needs and circumstances. Here are some considerations: Expertise and Experience : Patent paralegal firms specialize in patent prosecution processes and are experienced in navigating the complexities of patent law and procedures. They can provide valuable expertise in preparing and filing patent applications, responding to office actions, and managing deadlines. Cost-Effectiveness : Compared to hiring a patent attorney, paralegal firms typically offer services at a lower cost while still providing essential support in patent prosecution tasks. This can be particularly advantageous for budget-conscious inventors and small businesses. Efficiency and Timeliness : Patent paralegals are trained to handle administrative tasks related to patent applications efficiently. They can help streamline the process, ensure compliance with procedural requirements, and me...

Judicial Review of Patent Rejection Under Sections 3(j) and 3(i) of the Indian Patents Act

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Citation: C.A.(COMM.IPD-PAT) 415/2022 Arthrogen GmbH vs. Controller of Patents, Design and Trademark,  5 February, 2024 The appeal under Section 117A of the Patents Act, 1970 challenges the rejection of Indian patent application No. 11377/DELNP/2012 by Respondent No. 2, the Controller of Patents, based on Sections 3(j) and 3(i) of the Act. Appellant’s Details and Patent Application: Arthrogen GmbH, a German company, filed the patent application for a method involving the production of protein-enriched blood serum using gold particles. The application included several claims, including methods and product claims related to the protein-enriched blood serum. Claim 1: 1. A method of producing a protein enriched blood serum comprising the steps of: collecting a blood serum; mixing the blood serum and gold particles in a container; incubating the blood serum and gold particles to produce protein-enriched body fluid serum; and removing the gold particles from the protein enriched blood se...

How much does it cost to file a patent in India?

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The cost of filing a patent in India can var y based on several factors, including the type of applicant (individual, small entity, or large entity), complexity of the invention, and whether the application is filed electronically or physically. Here’s a general overview of the costs involved in filing a patent in India : Filing Fee : The basic filing fee for patent applications in India varies depending on the applicant type:  Natural person/startups/small entities : Reduced fees apply.  Other entities (large entities) : Higher fees are applicable. Request for Examination : After filing the application, a request for examination must be filed within a certain period. The examination fee depends on the applicant type. Other Fees : Additional fees may apply for late filing of documents, requesting expedited examination, and other procedural requirements. Professional Fees : If you choose to hire a patent agent or attorney to prepare and file your application, their professiona...