PATENTS
PCT ENTRY(INDIA)
We at United IPR are very well experienced in preparing and filing PCT Applications. We have had the experience of filing PCT application in India and there have been many instances wherein we successfully handled national phase PCT applications in India and outside India-
Preparing and Filing PCT International application within 12 months from the earliest priority date in the electronic mode either directly with the International Bureau or with the Indian Patent Office in Delhi or Chennai or Mumbai or Kolkata as the Receiving Office. The official PCT fees includes filing fee, international search fee, and transmittal fee, and it varies based on the nature of applicant and selection of international search authority [ISA].
Documents required :
- a) PCT/RO/101(PCT Request) accompanied by description, claims, abstract (and drawings if required) of the invention in English or Hindi
b) Power of Attorney
c) Sequence listing (if any)
2.Preparing and Filing national phase PCT applications of Indian applicants in the PCT member countries within 30 or 31 months from the priority date of Indian patent application.
3.Preparing and Filing national phase PCT applications in India within 31 months from the priority date of application for International clients.
LITIGATION SUPPORT
LITIGATION SUPPORT
The team of United IPR assists its Clients by providing a legal support through the entire IP Litigation Lifecycle. The firm has a highly qualified and experienced team of Lawyers; Patent Attorneys and Engineers who have an in-depth understanding of the legal and technical issues and handled the bundle of research and analysis of various forms of IP towards litigation support.
We offer a complete Litigation support by providing the following services:
- Evidence of Use (EoU) Charting
- Claim chart construction
- File wrapper review and analysis
- Patent invalidation searches cum opinion on the basis of assertions
- Infringement analysis/Arguments
- Drafting and Filing of IP Litigation Suits
- Fetching relevant Case Laws on various databases including DartsIP and Manupatra
PATENTS SEARCH SERVICE
PATENT SEARCH SERVICES
THREE (WHAT,WHEN AND HOW) QUESTIONS ONE MUST KNOW BEFORE INITIATING ANY SEARCH
PATENTABILITY OR NOVELTY SEARCH
A patentability search is conducted to determine if an invention meets the requirements of
- Novelty;
- Usefulness (industrial applicability); and
- Non-obviousness (inventive step).
Novelty Searches/ Patentability Searches are asked for to gather a hoard of technical information or “prior-art” pertinent to the invention to assess its patentability based on novelty and non-obviousness/inventive step. This search is usually performed prior to the preparation of the patent application.
Note: For a Patentability/Prior Art Search there are no date constraints. Also it is not jurisdiction specific.
At United IPR, the patentability search involves the following steps:
- Listing out the broad keywords and drafting a search query based on the keywords using various operators
- Finding out the relevant classification codes to classify the category of the invention.
- Finding out the relevant patent applications using subscribed patent databases.
- Conducting a non patent literature search.
- Developing a search report along with our detailed analysis and opinion on patentability of the invention in question.
Time Frame – 5-7 days
A Freedom to Operate Search is conducted to give an overview on the patent environment with respect to your product, to ensure that the release of the client’s product will not cause any form of infringement in the market.
- It is restricted to only active or enforceable patents.
- Non-patent literature, scientific journals, etc. are not relevant in this search as they do not form potential threats.
- Jurisdiction of interest is a very important aspect while performing the search .
- A time period about 20 to 22 years is considered as the life of a patent.
An FTO is usually performed to identify access and mitigate the loss involved the commercial launch of a product. FTO is conducted in the following scenarios ;
- Risk;
- Due Diligence;
- Launch of a Product
FREEDOM TO OPERATE SEARCH (FTO OR CLEARANCE SEARCH)
At United IPR, the FTO involves the following steps:
- Listing out the broad keywords and drafting an extensive search query using various operators.
- Finding out the relevant classification codes to classify the category of the invention.
- Finding out the relevant enforceable patents using subscribed patent databases for a specific jurisdiction in particular Orbit and Total Patent.
- Interpretation of the patent claims and specification of the results retrieved in the FTO Search analysis.
- Developing a search report along with our detailed analysis and opinion on the FTO for the products or services or process.
Time Frame – 10-12 days
INVALIDITY/VALIDITY SEARCHES
Invalidity/Validity Searches are exhaustive Prior Art Searches conducted to either validate the claims made by a patent or to invalidate one or more claims of a competitor’s patent.
It is a confirmation to the applicant that the patent can withstand litigation and its validity is undisputable, and no claim can be raised on the basis of prior public use or a prior invention.
For each search, we provide a Claim chart representation of each Prior Art, wherein we define each element of the claim w.r.t. its functioning as mentioned in its description. A thorough and detailed analysis of all references is provided which includes feature to feature mapping.
Time Frame – 10-12 days
TECHNOLOGY LANDSCAPE
A patent landscaping search will provide who is patenting in any chosen area of technology. Particularly important in early-stage R&D, the results from a patent landscaping search will help shape your business plan and align it with your intellectual property strategy.
Approach
The team of United IPR performs rigorous data mining, visualization and analysis to generate a patent landscape that helps clients identify competitive and technological trends.
Our Strategy
- The patent search is carried out in patent and non-patent databases.
- The search starts with selection of relevant keywords and their synonyms and is followed by a class based search, assignee-inventor search and citation search.
- Broad or old technologies can lead to thousands of results while narrow or new technologies can lead to hundreds or some time tens of results.
- Once the search is completed, the results are analyzed thoroughly and the valid results are listed in the form of graphical representations, wherein the Information is represented using a combination of graphs, pie-charts, bubble charts and 2-D and 3-D charts which disclose the white space in the technology
The report contains relevant trends and insights to easily understand the current position of the technology in question along with a customized taxonomy of relevant results and recommendations along with an exhaustive patent bucket, consisting of relevant classes, assignee and inventors.
Methodology for Preparing a Patent Specification
- Thorough understanding of the invention in consultation with the inventor.
- Incorporation of all the possible embodiments including claims and illustrations.
- Enablement of all the claims
- The complete draft undergoes multiple reviews.
- The draft is sent to the client.
- All suggestions from the client’s end are incorporated.
- A final draft is prepared and filed at the respective Patent Office
Patent drafting is considered to be one of the most complex techno-legal documents. The patent specification contains the following elements
- Field of invention;
- Background of the Invention
- Summary of the Invention
- Detailed Description of the Invention
- Patent claims for which protection is sought.
- Abstract and
- Patent Drawings
We have a strong patent team comprising of patent analysts and patent attorneys. Our patent drafting team works to understand your invention and deliver quality patent specifications in various domains of science and technology. We also have the experience of drafting numerous patents for India, US, Europe, PCT in various technical domains pertaining to domestic and foreign clients.
We undertake patent filing for both national and international clientele. We file patent applications with Indian Patent Office (IPO); USPTO; WIPO (PCT applications with International Bureau); European Patent Office and Japan Patent Office.
What we do ?
- Assist the Indian clients in filing PCT patent applications in Indian Patent Office or in WIPO.
- Assist our International clients in filing national phase PCT patent application in Indian Patent Office within 31 months from the priority date of application.
- Assist Indian clients in filing conventional patent application in various countries countries such as Australia, China, Europe, Indonesia, Malaysia, Russia, Singapore, Thailand, UK, and USPTO among others.
A patent is a type of Intellectual property that provides its owner or the inventor the legal right to exclude others from inventing, using, or selling the invention. Under the act, the Department of Patents, Design and Trademark (DPDT) provides patent protection (registration) to the patent holders for 16 years on payment of prescribed fees.
Patent application in Bangladesh can be filed in two categories:
(1) Ordinary Applications without claiming priority.
(2) Convention Application with claiming priority (within 12 months from the date of an application made in a convention country).
Who can apply?
As per Section 3 of the Patent & Design Act, 1911, an application for a patent can be made by any citizen of Bangladesh
or foreign national, by himself or jointly and such application shall be made in prescribed forms to
the Department of Patents, Designs and Trademarks (DPDT).
When Annuity (Renewal) is required?
The term limited in every patent for the duration there of is sixteen years from its date of application or the date of the priority application.
Renewal is required for the fifth year before the expiry of the fourth year up to the 15 years.
Kindly contact us for more information.