Delhi IP

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 (non-obvious) when the invention involves a feature which is non-obvious to a person of ordinary skill in the art (POSITA). Such hypothetical person (person of ordinary skill in the art) is an ordinary person having ordinary skillset in a particular technical domain to which the invention pertains. Utility of an invention is comparatively easier to establish. An invention always solves a long-standing problem by providing an inventive product or process. However, for establishin...

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 ...

Registering a patent for a mobile application involves several steps and considerations. Here’s a general outline of the process: Assess Patentability : Begin by evaluating whether your mobile application qualifies for a patent. This determination hinges on whether your app introduces a new and non-obvious technical solution to a problem. Patent offices typically grant patents for inventions that are novel, inventive (non-obvious), and industrially applicable. Conduct a Patent Search : Conducting a thorough patent search is crucial to ascertain whether your mobile application idea has already been patented by someone else. This step involves searching through existing patents and other literature to determine if your invention is truly novel and not already protected. Prepare a Patent Application : Once you establish that your mobile application is patentable and unique, prepare a detailed patent application. This document serves to describe your invention comprehensively, including it...

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...

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...