Sunday, 25 December 2011

How Expensive is A Patent?

Intellectual Property - Patent Dispute - Pharmaceuticals - Patent Invalidity - Generic Drugs It held a European patent (“the Patent”) in respect of an anti-depressant drug, escitalopram. The Patent had a priority date of June 1988.

Accordingly it comprised the pure (+) enantiomer, whereas citalopram comprised both (+) and (-) enantiomers. The Patent comprised seven claims. Claim 1 was a product claim directed to the (+) enantiomer, claim 3 related to a pharmaceutical composition containing the claim 1 compound, and claim 6 related to a method of preparing that compound.

The claimants brought proceedings, seeking the revocation of the patent on account of the prior art drug, citalopram.

§ Claims 1 and 3 of the Patent were invalid for lack of novelty over the prior art patents;

The Patent not only recognised citalopram, namely the racemate, as old, but was also plainly directed at the isolation of its individual enantiomers.

In the circumstances of this case, claims 1 and 3 of the Patent were invalid for insufficiency. Claims 1 and 3 of the Patent covered all ways of making the (+) enantiomer.

Intellectual Property - Patent Dispute - Pharmaceuticals - Patent Invalidity - Generic Drugs


The expense associated with obtaining a patent for an invention or service can vary significantly. Related Fees Other costs are also associated with filing for a patent. Multiple claims may increase these numbers.

Friday, 23 December 2011

Free Patent Search Training in Free Patent Database online

The first step to find out if you invention can be patented is to conduct a free patent search online in any free patent information database online. How can you do a free patent search to find out if your invention can be patented?

It provides a free patent search facility for both beginners and advanced users.

How can I conduct Patent Search at USPTO?

The USPTO deals with conducting a Patent Search using its freely searchable patent database through the Internet.

The Patent Search website has started a patent training course online.

Working at the Free Patent Search website we find that we are able to find patents easily when we do patent search this way, but the key here is to master the keywords to be applied to conduct the patent search. If you want to know more or learn other advanced techniques of patent search using the free patent search interface of USPTO patent database, please contact us for any help needed.

Free Patent Search Information and Tips


The United States Patent and Trademark Office receives hundreds of thousands of patent applications each year. In fact, the Patent Office has recently proposed new patent rules to ease the Examiner workload. Claim 4 refers back to claim 3, which in turn refers back to claim 2. Claim 5 refers back to claim 1 or claim 4. Request Free Invention Kit Now!


You can rewrite claim 4 as the Examiner indicated, as new claim 1, and obtain a patent with new claim 1. The Examiner will argue that original claim 5 referred back to original claim 1. You will get a patent with just one claim. If an infringer challenges your patent, and proves that your only claim is invalid, your entire patent would be thrown out.

Monday, 19 December 2011

How To Get Trademark, Logo, Brand, Patent Registration In India

A New Product Idea! Provisional Patent Protection (3 of 9)

A provisional patent shouldn't be viewed as a patent per say. Over all, the patent was pending for four years, twelve months of which were provisional patent months and three years waiting for the utility patent. The idea of the provisional patent is to grant us patent pending status almost immediately. When receiving it, you have protection from anyone grabbing your idea and running to the patent office with it. You will have to call the patent office.

Once you have the provisional patent, keep in mind your patent attorney has to file the utility patent application within twelve months of you receiving the provisional patent. Applying for a provisional patent opens all kinds of opportunity. The provisional patent filing fee is only $100 or so. You want to have a lot of definition around your idea before you turn on the patent attorney to start writing the utility patent application. Even if they themselves improve the idea, chances are it would never have happened if you didn't initiate the conversation around your idea. It will all be useful if and when you hire a patent attorney to write the non-provisional patent, the utility patent.

With a large part of a year that the provisional patent gives you patent pending status for your idea, you now have to go about getting a model made representing your idea without spending a small fortune.

Next: A New Product Idea!

A New Product Idea! Provisional Patent Protection (3 of 9)


Law firm like that offers varieties of services like India trademark registration, India Trademark Attorney, Trademark Brand, Trademark Litigation, Trademark Protection, Trademark Application, Trademark Classification, Patent Registration, India , Company Registration, Company Registration in India, Brand Registration, Logo Registration in India, Trademark Registration India and lots more.; ;Among these services is one of the famous and favored services that act as powerful tool in giving unique identity to the product.

Sunday, 18 December 2011

What Are Patent Claims?

The idea behind this is to establish "first" or "primary" claim on the idea. Market potential. If the answer is "YES" then it's worth the effort to obtain a patent. A patent establishes your position as owner.

Once a patent is approved and issued, you have established ownership rights to your idea or product.

Do I Need Patent Protection To Establish My Rights To A Great Idea Or Design


A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers….5. A multiple dependent claim shall not serve as a basis for any other multiple dependent claim. Ideally you won't need very many dependent claims. Dependent claims "narrow" the scope of the independent claim. Try to keep the number of dependent claims below 20 unless the invention is very complex and actually needs that many dependent claims.Since an infringing invention needs to have all the elements of a claim to infringe it, the shorter the claim and the fewer features claimed in a claim the broader the coverage. Words like "means", "said", "whereby", and "thereof".Independent claims are claims that do not refer to a preceding claim and can stand alone. Dependent claims incorporate all of the elements and restrictions of the independent or dependent claim they are dependent on. It cites a narrower version of the preceding claim by either adding elements or describing the claim more narrowly.In short, your patent claims should be clear, unambiguous, and all of the elements have to be shown in the patent drawings.

Tuesday, 13 December 2011

Will My Invention Sell? Acquire Out If It Will Sell before Spending Dollars on a Patent

Reducing Software Patent Costs Through Aggressive Examiner Interviews

Aggressive and effective examiner interviews during patent examination can significantly reduce software patent costs. Patenting a software invention can be costly, with significant research, document preparation, and review costs.

Examiner interviews can start before the first action from the examiner. If an application has no more than three independent claims and twenty total claims, one can request to have a pre-examination interview. The applicant must electronically file a request for an interview before the examiner files an office action.

In response to the request, the examiner will prepare a pre-interview communication. An interview should be held each time an office action is issued if there are substantive issues that remain to be resolved.

I prefer to schedule an interview as soon as I receive an office action, when the patent application claims and prior art are still fresh on the examiner's mind. Being concise is important because examiners have limited time to prepare for each interview. I forward these to the examiner and arrange for an interview.

By aggressively engaging in a dialog with the examiner, the number of office action/response cycles for a software patent can be significantly reduced.

Reducing Software Patent Costs Through Aggressive Examiner Interviews


Does your invention have a unique selling proposition? Will the product need expensive tooling? Does the manufacturing result in hazardous waste products? If the product or device is of a technical nature will it need a repair service and warranty replacement program? What about product liability insurance?Does your invention provide a convenience for the customers? As a result we invented the Metlund Hot Water Demand system and the Chilipepper hot water demand systems. Build a prototype if applicable and do your marketing research utilizing focus groups, test marketing, compare it with other products it will compete with.Obtain some books on the subjects of patents, new products, marketing and the like.

Saturday, 10 December 2011

How To Get A US Patent

How Medical Research Leads to New Patent Ideas

Surgical masks haven't changed too much since 1918.

A New Patent for an Old Medical Invention

A new medical patent aims to change that.

I recently came across a press release about a patent from Cantel Medical Corporation for a new type of surgical mask. And it shows how medical research can lead to new patents.

Studies and medical research are great starting points for possible medical patents for two reasons:

The study mentioned above found that "tighter-fitting masks may offer as much as 100-fold greater infection control benefit than standard, loose-fitting masks."

Including a reference to the study in the patent application is sometimes a good idea and can be very persuasive to a Patent Examiner of this need.

A U.S. patent is necessary to protect your rights if you have invented a unique product or come up with a new idea. A patent grants property rights to an inventor, and is issued by the U.S. Patent and Trademark Office. If you're wondering how to patent an idea, it's the same process as for an actual invention. A utility patent is usually the patent of choice because in most cases it offers the best protection.

Thursday, 8 December 2011

How To Patent An Invention – Totally free Support For Inventors

Poor Man's Patent

Ever since law school I have been asked about the "Poor Man's Patent".

The only way to protect the novelty of an invention such as novel devices, business methods, and unique designs through patent law is to file a patent application. It would simply establish a date of conception or reduction to practice for the invention which may be important in subsequent patent prosecution or patent litigation.

Poor Man's Patent


I really don't recommend a do-it-yourself patent to protect an invention.

However, if your idea is worth getting a patent for then the last thing you want to do is to file your own patent application.

So let's assume that your great new idea is worth getting a patent.

Let's begin with the patent search.

When you apply for a patent to the USPTO they will do a world-wide patent search. If you search only the US patent database there is a very good chance your patent will be denied due to a patent filed in a foreign country. Professional patent examiners use what the patent office calls a classification system. Nowadays a patent search done by your patent attorney, whom he subs out to a professional searcher, will cost around $500. As soon as I came up with the idea, we had our patent attorneys a patent search establishing the rough date that it was thought of.

So my advice is to first figure out if you really need a patent, then do a patent search, and finally file for a provisional patent. And most importantly get a good patent attorney.

In my experience it generally takes 2 or 3 years to get a patent with a few battles with the patent examiners.

Tuesday, 6 December 2011

Corporate World with Patent and Trademark Services

Innovation in Patent Research Outsourcing Patent data is used extensively for competitive research and for innovation within companies.

Innovation in Patent Research Outsourcing


There are many company law firms that operate all these types of services at affordable prices. Like one of the favorable and reputed law firms that offers wide range of company law services at very reasonable rates like international trademark registration, international trademark search, trademark search India, free trademark search, foreign company registration, company incorporations, new company registrations, company trademark registration, trademark monitor, copyright registration, company name search, company patent registration, pct filling in India, patent trademark attorney, patent searches international patent filing, brand name registration, trademark litigation international, copyright registrations, trademark infringement, trademark logo, trademark registration, office trademark consultation, trademark symbol, new patent filing in India are some of the favorable corporate law services offered by most of the law firms. Like TM-INDIA that offers types of trademark services to their different clients.

Saturday, 3 December 2011

Law Firms With Corporate Level Services- Patent, Trademark, Llp Registration

Firstly, the licensing executive could pitch instead of the patentee. Licensing executives are often willing to present an idea to a company for a fee. If companies offer attractive licensing agreements, the patentee can decide if they wish to pursue this route based on the terms offered. Licensing an idea involves the patent holder (licensor) granting an external company or individual (licensee) access to the idea protected by the patent. (This applies to selecting a product designer as well.)

Company registration, , brand and trade mark registration are very common services offered by these law firms. At this time there is huge competition in the corporate market that raise s the demand of law firms, corporate law attorneys, business law attorneys at high rate. Therefore, to fight with competition most of the companies hired their law firms which offers them all types of corporate law services at one hand. Among the different companies like 365companies is one of the companies that offers wide verities of law services like company incorporation, company formation procedure,new company registration, company trademark registration, , classes and Infringement, patent registration, intellectual property rights,company formation, company registration, copyright registration, vat registration, commercial law, Business Process Outsourcing, Outsourcing Consultants, Alternative Dispute Resolution, Online Dispute Resolution, Joint Venture Partner, Trademark Registration in India, Copyright Rights and many more. Among these services trademark registration is one of the favored services that offers a separate identity to a company in respect of their product and services in the market. After trademark, patent registration is second famous corporate law services that is always recommended to all types of business houses to follow in order to get legal benefits.

Friday, 2 December 2011

Comments on United States Patent Assignment Details

Patent Background

Cellulite removal methods using herbs and their principle ingredients are often patented. The patent was awarded on January 13, 2009, to a company by the name of Indena S.p.A. of Milan, Italy.

Patent Claims for Each Component

Since the patent holder, Indena, is not a retail company, you will not find products on the shelf with their brand.

Plenty of excellent information is available on the real science behind natural cellulite remedies.

Natural Cellulite Remedies - Ingredients in US Patent 7,476,392


Comments on United States Patent Assignment InformationThe text below is a copy of an email that I sent the Patent Interference User's Group (PIUG) on November 4, 2003, regarding United States Patent Assignment Information. Someone fills out an "Issue Fee Transmittal form" for an allowed patent application. The name shown as the assignee on an issued U.S. patent is not conclusive evidence that an assignment exists, and it is not conclusive evidence that the entity listed as the assignee is, even at the time of issuance of the patent, the owner of the patent. The assignment database generated by the USPTO shows the information the person filing a copy of the executed assignment writes on the "RECORDATION FORM COVER SHEET." The USPTO's assignment database does not include the actual assignment document. Thus, the USPTO's assignment database and all databases derived from that database only reflect the information copied onto the recordation sheet. The USPTO stores image copies of the actual assignment documents on micro fiche available at the USPTO, indexed by reel/frame. You can identify allegedly assigned patents by searching the assignment database, and then pull up the ACTUAL assignment documents by the reel/frame associated with each patent number.




















That assignment document would not result in a valid assignment, and B would not have valid title to the patent.