Patent prosecution is the patent process required to obtain a patent which involves interaction between the Assignee/Inventor or his legal representative and Patent Office with respect to his patent application. During the patent prosecution process, a patent application has to go through the following steps-
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.
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.
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.Read More
As per the Indian Patents Act 1970, an invention is patentable when it satisfies the following criteria:
- It is novel
- It has an inventive step or it must be non-obvious
- It has Industrial applicability
- 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.Read More