IPR Studio Blog

What is provisional and non provisional patent? How long does a non provisional patent last? How much does it cost to file a non provisional patent? What are the 3 types of patents?
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Types Of Indian Patent Applications

1.Provisional Application
Provisional Application is a self-suggestive term i.e. temporary application filed with a Patent Office, to claim a “Priority Date” and when an invention is not complete in all aspects. It is less expensive to prepare and file and enables the inventor to study the feasibility of the invention in terms of potential markets, distributors, licensees. However the complete application needs to be filed within 12 months or else it will be treated as abandoned.

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A provisional patent application is not examined, so its claims not get rejected in an office action. Depending on what was the problem that is being referred to as a rejection, a provisional application that fixes the problem might be subsequently filed with a later filing date

Provisional Patent Applications

As per the patent law, a provisional application is a legal document filed in the Indian Patent Office or any other patent office to establish an early filing date. The provisional application allows the inventor to file a patent application without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement.

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Freedom To Operate Search

Freedom to Operate Search, also known as Clearance Search or Right to use search is performed to check and identify whether any in-force patents or published patent applications with claims that cover the technology, process, or product the inventor is targeting.

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Invalidation Searches

INVALIDITY/VALIDITY SEARCHES

Our IP vetrans combine their diligent searching and analyising skills along with a systematic and logical approach for conducting validity assessment searches. We aim at delivering technically detailed and comprehensive invalidity analysis at a cost-effective price.

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Patent invalidity/validity search is basically the analysis to understand the strength of patent claims. A patent invalidity (or patent validity) search can be used to validate the claims made by a patent or to invalidate one or more claims of a competitor’s patent when facing a patent infringement suit. Moreover, these searches also check the strength of a granted patent while exploring licensing options.

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Infringement Searches

A patent is said to be infringed when a product/process violates the rights granted to a patentee by unauthorized making, using, offering for sale or selling the patented invention.

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Patent Searches

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Patent search is a search involving research to data mine the patent and non-patent literature helping the inventor to know about the existing technology before applying for his own “Patent Application”.

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WIPO INTERNATIONAL CLASSIFICATION

For national or international IP protection applicants MUST determine whether their creation is new and novel or similar to a creation owned/claimed by someone else. In order to determine this thorough research is conducted.

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Mosaicing Indian Patent Law

As per the Indian Patents Act 1970, an invention is patentable when it satisfies the following criteria:

  1. It is novel
  2. It has an inventive step or it must be non-obvious
  3. It has Industrial applicability
  4. It doesn’t fall under section 3 and 4 of the Patents Act 1970.

A person skilled in the art accesses methodologies for evaluating inventive step based patent laws.

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