Intepat IP Services Pvt Ltd (“Intepat”) is a niche Intellectual Property (IP) services Company that provides a broad range of customized services in Intellectual Property matters, that includes patents, trademarks and design.
When it comes to protecting a brand, securing the trademarks and logos is something that is at the topmost priority. Before proceeding for the registration of your logos and trademarks, it is always advisable to ensure right at the beginning that, whether the mark is available for use or not. It is imperative that one must make sure that their mark is not infringing on someone else’s intellectual property.
Here comes the importance of a full logo search or image search that helps the owners of the marks to determine whether or not their mark is infringing on someone else’s IP to determine to go ahead or not for the registration of such mark.
Image search in EUIPO Database:
In December 2015, EUIPO (European Union Intellectual Property Office) became the world’s first government office to make visual search available for public. The search tool of EUIPO is known as eSearch plus, wherein the user can find detailed information about the European trademarks. eSearch plus is EUIPO’s access to its database of European Union trademarks and registered community designs. With eSearch plus, the users can perform image searches and image monitoring. In this system, the users can upload an image and the system looks for similar images based on Artificial Intelligence Algorithms. The eSearch plus system of EUIPO analyses the colours, shapes and textures, rather than keywords used in classic text-based search systems. The system allows for the upload of one image when searching for trademarks and up to 7 images at once to search for designs. JPG, PNG, GIF and TIFF are the supported image formats. With eSearch plus, the user can search for, or monitor, images combined with criteria like the Vienna and Nice Classifications. This feature is particularly suitable when the trade mark image being searched has a common or abstract shape that can be difficult to describe in words, or when there are many potential words to describe it.
Image search in WIPO Database:
WIPO recently launched a new artificial intelligence (AI)-powered image search technology that makes it faster and easier to establish the distinctiveness of a trademark in the target market.
WIPO released a communication on April 1st, 2019 announcing the launch of its new artificial intelligence (AI) – powered image search technology that makes it faster and easier to establish the distinctiveness of a trademark in a target market.
WIPO’s new AI- based technology, improves on this technology by using deep machine learning to identify combinations of concepts – such as an apple, an eagle, a tree, a crown, a car, a star- within an image to find similar marks that have been previously been registered. According to WIPO these Artificial Intelligence Based Image (AIBI) search tools are brand specific. The AI image similarity algorithm allows users to combine it with any other search criteria, for example restricting the results list to a given set of jurisdictions or to one or several parts of the Nice Classification – an international classification of goods and services applied for the registration of marks. Users submitting a complex or composite image can use an in-built editing tool for close cropping of a searched region of interest in the image, further simplifying the searched image for more relevant results.
The new AI- based technology results in a narrower and more precise group of potentially similar marks, facilitating greater certainty in strategic planning for brand expansion into new markets. With fewer results to scrutinize, this also translates into labor-cost savings for trademark examiners, trademark attorneys, and paralegals, industry practitioners and researchers.
WIPO’s new AI search technology leverages deep neural networks and figurative elements classification data from the Madrid System for the International Registration of Marks and from large trademark offices.
All users can access the AI search technology for free through WIPO’s Global Brand Database, where it has been fully integrated into the database search engine.
The new search functionality of WIPO covers the national collections of 45 trademark offices already participating in the project – even if they have not been using a classification system for figurative elements. This represents a total number of almost 38 million trademarks to date. WIPO periodically adds new collections from around the world to the database.
The United States Patent and Trademark Office is the federal agency for granting US patents and registering trademarks. By doing this the USPTO fulfills the mandate of Article 1, Section 8, Clause 8 of the US constitution that the legislative branch would “promote the progress of Science and useful arts, by securing for limited times to Authors and Inventors, the exclusive right to their respective writings and discoveries.”
The USPTO is at the cutting edge of the nation’s technological progress and achievement. The USPTO advises the President of the US, the Secretary of Commerce and the US Govt. agencies intellectual property (IP) policy, protection and enforcement: and promotes the stronger and more effective IP protection around the world. The USPTO furthers effective IP protection for US innovators and entrepreneurs worldwide.
The USPTO is unique among federal agencies because it operates solely on fee collected from its users. The USPTO is based in Alexandria, Virginia; after a move from the crystal city area of neighboring Arlington, Virginia.
The USPTO co-operates with the European Patent Office (EPO) and the Japan Patent Office (JPO) as one of the trilateral patent offices. The USPTO is also a receiving office, an international searching authority and an International Preliminary Examination Authority for International patent applications filed in accordance with the patent co-operation treaty.
Interesting facts about the USPTO
On July 31st, 1790 the first US patent was issued to Samuel Hopkins for an improvement “in the making of Pot Ash and Pearl ash by new apparatus and process.” This patent was signed by then-president George Washington.
The X- patents (the first 10,280 issued between 1790 and 1836) were destroyed by fire; fewer than 3000 of those have been recovered and re-issued with numbers that include an “X”. The X generally appears at the end of the numbers –handwritten on full-page patent images; however, in patent collections and for search purposes, the X is considered to be the patent type – analogous to the “D” of the design patents- and appears at the beginning of the number. The X distinguishes the patents from those issued after the fire, which began again with patent number 1.
On June 19, 2018, the 10,000,000th US Patent was issued to Joseph Marron for the invention of a “Coherent LADAR [System] Using Intra pixel Quadrature Detection to improve laser detection and ranging (LADAR). It was signed by the US President Donald Trump during a special ceremony at the oval office.
In 1955, Jonas Salk chose not to patent his polio vaccine for the sake of humanity. If he would have patented it he would have earned $7 billion.
The discoverers o Insulin chose not to patent their discovery so that inexpensive treatment of diabetes would spread worldwide.
In 1945, a radar engineer Percy Spencer while working at Ratheon stepped in front of a magnetron, a device that powers radar. He noticed a chocolate bar in his pocket had melted. Later that year he filed a patent for the first microwave oven.
Amazon holds a patent on 1-click buying and Apple pays them licensing fees.
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PAIR stands for Patent Application Information Retrieval. The PAIR system provides the applicants and inventors, a safe and secure way to retrieve and download information regarding patent application status. There are two kinds of PAIR applications viz. Public PAIR and Private PAIR.
A Public patent application information retrieval [PAIR] provides access to issued patents and published applications, whereas a Private PAIR provides secure real-time access to pending application status and history using digital certificates.
USPTO-PAIR is a free portal provided by the USPTO to check the status of US patent applications and gain access to the correspondence documents of an applicant and the patent examiner.
Accessing the Public PAIR
To access Public PAIR one needs to have a patent application, publication or PCT number that one wants to search. Accessing a public PAIR is an easy process. It can be done in the following steps:
2. Enter one of the following document identification numbers in the screen given :
*International Design registration number
3. Once the record has been accessed, data can be retrieved from the tabs available on the following screen:
As it is visible above, the following tabs are visible for the data retrieval once the particular patent application record has been accessed:
i) Application Data Tab: It is one of the most important tabs since it has all the bibliographic data such as application number, status application number, examiner name, class/subclass, inventor and title information present among other fields.
ii) Image File Wrapper Tab: This tab displays basic documents related to the application. These documents include Index of claims, Office action appendix, list of references cited by applicant and considered by examiner etc., A user can download the PDF of these documents from this tab for free. This section is one of the handiest information extraction tool provided to the users.
iii) Patent term adjustment: This tab presents the life events of the application in chronological order.
iv) Continuity data tab: This tab is an optional tab. It is not present in all application. It appears only if the application has any parent or child continuity data. If the parent or child continuity data is present, then such documents would be listed and linked (sometimes) in this tab.
v) Other tabs present are Fees tab, Published documents tab, Address and Attorney agent tab, Assignments tab and Display references tab.
A Private PAIR is more of a confidential nature and can be accessed by the people some limited recognition like digital certificates issued from the USPTO’s public key infrastructure. The benefit of accessing the private PAIR is that it provides real-time access to the unpublished applications. For more information, please contact us here.
“India has joined the race and has strengthened its participation in the International patent system,” said Francis Gurry, Director General of WIPO.
2,013 PCT applications were filed by India in 2018 which is 27.2% more than the previous year, but way below in numbers when compared to China and US. But the good news is that India is eventually catching up the pace and in the process of nurturing innovation.
Gurry commented on India’s performance and said: “India’s performance in Internationalization of patent activity is impressive”.
Asia based innovators filed more than half of all international patent applications via WIPO in 2018. India too has shown remarkable growth.
“Asia is now the majority filer of international patent applications via WIPO, which is an important milestone for that economically dynamic region and underscores the historical geographical shift of innovative activity from west to east,” Francis Gurry said in a press statement. More than half of all PCT applications filed in 2018 came from Asia 50.5%, which only depicts that Asia is slowly catching up the pace of innovation with global players like Europe and North America.
According to the figures released by WIPO, a total number of 2, 53,000 PCT applications were filed in 2018 which is 3.9% more than the previous year. Surprisingly 0.9% less PCT applications were filed by the US in 2018. Another interesting fact to note here is that China and India were the only two middle-income countries among the top 15 origins of PCT applications.
It is a matter of immense proud to see India (+27.2%) catching up with the global innovation trends and has recorded double-digit annual growth among the top 15 origins. This landmark is achieved at a time when there is a decrease in patent filings from top most global players like US (-0.9%) and France (-1.2%).
WIPO said that it expects applications from China to surpass those from the U.S. within the next two years based on current trends.
Nirsan Connect Pvt Limited and Indian Institute of Technology were among the topmost applicants from India. Nirsan Connect Private Limited secured 21st rank among the top Madrid Applicants by filing 42 applications in 2018, whereas among educational institutions Indian Institute of Technology filed 48 applications in 2018.
It is pertinent to note here that the PCT system offers patent protection internationally. A PCT application can be filed by anyone who is a member of PCT contracting states. PCT filing protects the inventions in 152 contracting states, India being one of them.
Patent filings are seen as a measure of the spread of science and technology in a country. Patent protection also provides monopoly rights to the inventor. This exemplary performance of India is sure to set the record straight about India’s innovation capabilities globally, that India is in it to win it. It is extremely motivating to see India steadily pacing towards transformation steered by innovation.
“Dreams don’t work unless you do.” – John C Maxwell
How truly and appropriately said! The would-be inventors also think along the same lines when they plan to conduct patentability search for their inventions. At times due to budget constraints, the would-be inventors decide on conducting the patentability search themselves. While this may sound quite lucrative and exciting, it may prove quite daunting and discouraging if one does not have to the point knowledge about the specific tools available online to conduct patentability search.
Google patents is one of the free patent search tools. Google patents was launched in 2006 as a search engine. Google patents include over 120 million patent publications from 100 plus patent offices around the world, as well as many more technical documents and books indexed in Google Scholar and Google books, and documents from the Prior art archive. Google patents currently index full-text documents from countries like US, Europe, Japan, China, Canada, Germany, Denmark, Russia, Belgium, South Korea, Spain, France, Luxembourg and many more. It also includes WO patents, also known as the World Intellectual Property Organization (WIPO). WIPO patents cover multiple countries under Patent Cooperation Treaty (PCT).
Google patents is a very user-friendly database. The other advantages that Google patents offer are:
+Google patents is very fast.
+The information about legal events is very systematically provided.
+The results are easily shareable.
+The database is very user-friendly and very easy to use.
+The information is displayed in a way that makes it very easy to study and understand.
+The access to patent images is convenient and is provided in pdf format.
+Important keywords can be found in the pdf patent document.
+Documents can be found fast and can be easily downloaded in pdf format.
Google Patents Search
Quick Search: For conducting a quick search, the user can enter a term in the search field box. The search term can be i) a free form text or a large block of text relating to technology, ii) keywords pertaining to technology.
Apart from the above, the user can get the result quickly for iii) publication number, or iv) application number, v) the inventor or assignee name with prefix inventor: or assignee: vi) “Exact Phrases” with double quotations vii) CPC code begins with : viii) country code (example – country: EP) ix) language (example language: german).
If the user has entered the publication number in the search field box, he can retrieve complete information about that patent publication. Further, the user can also search similar patents, find prior arts, and also download the PDF file of the patent documents as shown below:
If the user has entered the free form text or keywords relating to the technology in the search field box, the search results page will display the list of relevant patents.
After entering the keyword for example ‘Optical fiber’, the search query will be displayed on the left side of the page and the search results page will be available on the right side as shown below:
The results are sorted out in relevance, and the ‘sort by’ can be changed to newest or oldest. Further, the results can be ‘grouped by’ using the classification.
The users can now navigate through the search result pages and read for the relevant patents.
Advanced Google Patent Search: This search can be performed using a separate link google.com/advanced. Alternatively, the user can perform using the search fields as shown above on the left page of the result page.
The search term can be made along with booleans as similar to that of USPTO or EPO format. The boolean operators are ‘OR’, ‘AND’ and ‘NOT’, you can learn how to use the booleans from here.
Additionally, the user can fill the search fields and get the results. The various search fields available are Search Term, Date [Prioririty, Filing, Publication], Inventor, Assignee, Patent Office, Languages, Status, and Patent type.
Therefore, the advanced Google patents search can help to refine the search results.
Limitations of the Google Patents Search:
-Latest patent data may not be found on the Google patents due to lack of regular updating of the database.
-Google patents does not take responsibility for the data presented on its website. Because of this, the user has to visit patent office websites of various jurisdictions in order to confirm the information.
-Google patents may highlight more than one keyword at a time leading to confusion.
In all, Google patents is a wonderful tool for beginners and for the ones who wish to conduct basic patentability searches for their invention. But for comprehensive and specific searches, it is always advisable to seek professional patent search.
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A WIPO- India Cooperation agreement was established between the World Intellectual Property Organization (WIPO) and India Patent Office (IPO) on Jan 31, 2018. IPO has started the WIPO- Digital Access Service (DAS) for priority documents submitted by the applicants from the participating offices.
The WIPO-Digital Access Service is an electronic system allowing priority documents and similar documents to be securely exchanged between participating intellectual property offices of various countries. The system enables applicants and offices to meet the requirements of the Paris Convention for certification in an electronic environment. Currently, the WIPO-DAS service is operational for only patent documents.
It is a matter of immense pride that IPO now joined the league of USPTO (the United States Patent and Trademark Office), UKIPO (the United Kingdom Intellectual Property Office), JPO (the Japan Patent Office), SIPO (State Intellectual Property Office of the People’s Republic of China) and INPI (the National Institute of Industrial Property of Brazil). Like these, the IPO also became both; a participating office and an accessing office of the DAS. As a participating office, the IPO can now allow electronic versions of the applications to be made available to the DAS and as an accessing Office, the IPO can help in the retrieval of priority documents of the applicants.
As per the IPO, this WIPO- India Cooperation agreement covers cooperative activities for the improvement of IP business services, including projects for digitalization, data capture, data quality improvement, data exchange for dissemination of IP information, document management, online search and any related systems or modules and creation of national and/or regional IP databases. This is likely to benefit not only the Applicants filing PCT Applications claiming priority from Indian Patent applications, but also the Examiners at the IPO and WIPO handling such applications. Further, the Agreement also facilitates India to become a depositing office for WIPO CASE, thus enabling WIPO to make available the search and examination reports of Indian patent applications.
It is a very helpful tool since it facilitates easy, secure, quick and inexpensive procedure for submission of certified copies of priority documents. The Indian Patent Office is their depositing office which uploads certified copies of patent and Industrial design applications as priority documents. These documents also include International Patent Applications under PCT filed at the office (RO/IN) on and after Jan 31, 2018. Traditionally the applicant had to use a paper trail to make corresponding applications in various patent offices across the world.
The applicants have to specifically request the patent office to make such priority documents available to the WIPO-DAS. It is interesting to note here that, if the proposed patent amendment rules are implemented, it is recommended that no fee should be taken from the Indian Applicants for the preparation of a certified copy of a priority document and e-transmission through WIPO-DAS. This could provide a huge relief for Indian applicants considering the fact that the current IPO charges are INR 16000 as transmittal fee and INR 5000 (up to 30 pages and thereafter 150 for each extra page) for the preparation and transmittal of priority documents to WIPO.
Prominent features of the WIPO-DAS service are:
1. Applicants can simply request the office of first filing to deposit/add the priority documents into the WIPO-DAS system, and request offices of second filings to use the service for obtaining access of such documents.
2. Use of an access code provided by WIPO-DAS to authorize access.
3. Exchange of documents happens via secure channels.
4. There is no need to provide a certified copy of a priority document separately to each office of second filing.
5. No need to pay for multiple copies of paper priority documents.
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Freedom to Operate (FTO) is the freedom to commercialize a new product/process without infringing on others patent rights. Commercialization of infringing products may lead to penalties, lawsuits, and royalty payments.
A Freedom to Operate search finds out in advance whether your product will infringe some one’s patent or not. FTO search report can be used as a base for devising a strategy for proceedings related to product launch.
What is FTO Search:
These are sometimes also referred to as clearance searches. These are generally conducted in cases where a release of the product is aimed for. Such a search is conducted as a part of IP due diligence to avoid any potential infringement and helps a company to understand if the proposed product or invention doesn’t violate any active patent. If there are probable infringements, then this search enables the companies to take appropriate business actions. These searches also divulge details about the patent pending applications, which if eventually are granted patent rights, might be potentially infringed by the product in question.
1. FTO search is restricted to only active patents.
2. Non-patent literature, scientific journals etc are considered as irrelevant
3. FTO search is mostly restricted to claims
4. Jurisdiction of interest is also considered
5. Time period of about 20 years from the date of search is taken into account.
6. Every element of the product should be assessed; with respect to the available patent reference (separately and combined).
7. FTO search results provide a thorough conclusion about granted patents only. That is the reason unpublished applications will not get noticed. Therefore, it is usually advised to conduct such search every 6 months.
1. FTO search is mostly recommended to be carried out at early stages of product development, so that huge development costs on developing infringing products and other infringement charges are saved.
2. Such a search will reveal expired patents. There may be many useful technologies which can be used from these expired patents.
3. Another option of purchasing relevant patents may be explored.
4. Obtaining a license from the patent holder for a specific duration on payment can be considered.
5. Redesigning the product to avoid infringement can be done.
Are you looking to launch your new product and seeking to get the FTO opinion? please contact Intepat and also learn here how we can help you to safeguard your interest.
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Patent prosecution or patent process refers to the entire process to obtain a patent grant. It basically involves the interaction between the Assignee/Inventor or Patent Agent and Patent Office with respect to the patent application.
As India is slowly moving towards becoming an innovation hub of Asia, the patent filing has suddenly gained momentum. Indian government’s initiatives to encourage innovators and start-ups are also playing the pivotal role which is eventually leading to increased interest in patent filing in India.
During the patent prosecution process, a patent application has to pass through various steps. These steps shall be discussed below for the basic understanding of our readers.
STEP 1: FILING OF THE PATENT APPLICATION
Patent documents can be filed either through online or at the patent office in respective jurisdiction: Kolkata, Delhi, Mumbai, and Chennai. More details about the patent filing can be found here.
STEP 2: PUBLICATION
A patent application after the expiry of 18 months from the date of filing or the date of priority; automatically gets published in the patent journal. But the applicant can request for a patent to be published earlier than 18 months. More details about early publication and its features can be checked here.
STEP 3: OPPOSITION
After the publication of the patent application, until the grant of patent happens, any person can file an opposition to the patent application. It makes sure that unless the opposition is set aside, the patent cannot be granted. More details on oppositions and its various aspects can be checked here.
There is no fee chargeable by the patent office on filing the pre-grant opposition; whereas the fee particulars for filing the post-grant opposition are mentioned below:
STEP 4: REQUEST FOR EXAMINATION(RFE)
In India, a patent application is not examined unless a Request for Examination has been made within the prescribed time limit. The request has to be filed within 48 months from the date of filing of the application or the date of priority whichever is earlier.
After the thorough examination of the patent application, the patent examiner issues a First Examination Report (FER) to the applicant or authorized agent. The FER generally includes a summary of the report, a detailed technical report with the list of cited documents for novelty, inventive steps, and other formal requirements. These days the examination reports are issued in e-e-mail and where no email is provided the examination report shall be dispatched by post.
STEP 6: EXAMINATION RESPONSE
Once the examination of the patent application is conducted and objections are generated in the FER, the applicant is expected to respond to the objection present within 6 months from the date of the examination report. The applicant can amend the claims to overcome the objection.
STEP 7: GRANT OF PATENT
If the controller is satisfied by the applicant’s responses, the patent office issues intimation with respect to the acceptance of the application and within 7 days of acceptance; grant certificate is issued via email.
STEP 8: RENEWAL OF PATENT
To keep the patent in force, the renewal fee shall be payable at the expiration of the second year from the date of the patent or of any succeeding year. Further details with respect to the patent renewal and fee applicable can be found here.
It is highly advisable to engage an experienced patent professional/patent agent considering the deadlines and complications involved in the patent prosecution process. Further, you may also interested in reading the following interesting articles:
The ancient history of India, its rich and diverse cultural heritage, age-old traditional customs and practices have always managed to capture the attention of people around the world. Kanjeevaram silk, Chanderi fabric, Pochampalli Ikkat or Kota Doria, all of these are indicators of the mighty wealth India possesses in the form of these Geographical Indications.
In simple words, Geographical Indications or GI is a kind of intellectual property that identifies the goods from their origin. The Geographical Indication Act, 1999 defines it as “an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be”.
In general, these kinds of goods/products not only emerge as major exports from their origin country; they also prove to be of enormous importance in the tourism promotion of their country of origin. 330 products have been registered as GIs in India including 11 foreign products till date. The GI concept originated in the Paris Convention for the protection of Industrial Property in 1883 and is also covered under the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). India follows ‘The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act) and the Geographical Indications of Goods(Registration and Protection) Rules, 2002 (GI Rules). These laws are in compliance with India’s obligations under TRIPS. The GI registry is established at Chennai by the Indian government, with all India jurisdiction.
GI registration in India
It is pertinent to note that GI registration is not mandatory in India. But at the same time, there are some rights conferred upon the registered GI holders. Section 21 of the Indian Geographical Indications of Goods (Registration and Protection) Act, 1999 mentions as:
(1) Subject to the other provisions of this Act, the registration of a geographical indication shall, if valid, give,-
(a) to the registered proprietor of the geographical indication and the authorised user or users thereof the right to obtain relief in respect of infringement of the geographical indication in the manner provided by this Act;
(b) to the authorised user thereof the exclusive right to the use of the geographical indication in relation to the goods in respect of which the geographical indication is registered.
(2) The exclusive right to the use of a geographical indication given under clause (b) of sub-section (1) shall be subject to any condition and limitation to which the registration is subject.
(3) Where the two or more persons are authorised users of geographical indications, which are identical with or nearly resemble each other, the exclusive right to the use of any of those geographical indications shall not (except so far as their respective rights are subject to any conditions or limitations entered on the register) be deemed to have been acquired by anyone of those persons as against any other of those persons merely by registration of the geographical indications, but each of those persons has otherwise the same rights as against other persons as he would have if he were the sole authorised user.
Section 8 of the Indian Geographical Indications of Goods (Registration and Protection) Act, 1999, lists the norms that indicate the registrability criteria of the Geographical Indications. It mentions that a geographical indication may be registered:
i) In respect of any or all of the goods, comprised in such class of goods which is classified by the registrar;
ii) defines the territory of a country;
iii) defines region in a territory; and
iv) defines locality in the territory.
Indian Geographical Indications of Goods (Registration and Protection) Act, 1999 also mentions about the prohibition of registration of certain Geographical Indications in its Section 9.
The legal protection of the GI acts as armour for traditions, culture and the traditional form of expression, for which the product is known. It in turn not only generates livelihood and means of sustenance for the ones involved, but it also promotes tourism and helps in preserving traditional craftsmanship.
Weakness of Indian Legal framework
While the Indian Geographical Indications of Goods (Registration and Protection) Act, 1999 is attempting to safeguard the diverse cultural and traditional wealth of India; there are still some gaps which need to be filled for its absolute implementation. It is important to grasp here that for the production of the GI goods, there is no requirement of Foreign Direct Investment (FDI), since these goods can be produced in India from scratch. But there is little or no importance given as to how the quality standards shall be maintained. Europe has been protecting its GIs since 1800s to the extent that quality control standards are maintained at various stages of the supply chain, to make sure the end product conforms to the product specification. Such standards are maintained throughout the supply chains along with thorough quality control checks before the goods get in the market. It overall increases the reliability of the system. There is no such mechanism present or implemented or mentioned in the Indian legal system. This is the precise reason that despite having a rich and diverse cultural heritage, there is not even a single remarkable GI success story.
For conclusion, it is worth mentioning that In India, immense possibilities remain unexplored until strict implementation of the GI registration rules and quality standard compliance is ensured by the Indian government and Indian penal system.
In general, every application for patent is published after expiry of 18 months from the date of its filing or priority date whichever is earlier.
However following applications are not published:
1. Application in which secrecy direction is imposed;
2. An application which has been abandoned under section 9(1) i.e. complete specification has not been filed within 12 months from the date of the filing of the provisional application; and
3. Application which has been withdrawn 3 months prior to 18 months.
Every time the patent status is updated against your
application, it not only shows the current stage of your application; it also
indicates the course of action one needs to take for the application to move
upwards in the ladder for achieving the patent grant.
In this blog post we would help you interpret your Indian patent application status and your probable course of action.
The following statuses portray your patent application in India:
Patent Application Status:
1) Application Does Not Exist : If 18 months have not lapsed from the date of filing of the patent application or priority date; this is the status you can expect. You can wait till the 18 months get over for the application to get published.
2) Application Published: After the filing of the application, the application is published by the IPO for public inspection in an official journal. It happens automatically after 18 months from the date of filing of the application or the priority claimed date, whichever is earlier. Only complete applications are published.
3) Application Awaiting Exam: This status shows up when the applicant has filed the ‘Request for Examination’ and the application is waiting to be picked up for the examination.
4) Application Examined (FER issued): The controller issues a FER (First Examination Report), a response which is required to be submitted within 6 months from the date of FER. An extension of 3 months is available, failing which the application is abandoned.
5) Application in Amended Stage: The status shows up after submission of response to the FER or hearing, in case you have submitted the amendment in your application.
6) Abandoned u/s 9(1): It means that the application is in abandoned state due to non filing of complete specification within 12 months from the date of filing of the provisional specification. Once abandoned, the application cannot be revived.
7) Abandoned u/s 21(1): If the applicant fails to put the application in order for grant within 6 months of the issuance of FER, it gets abandoned. Once abandoned, the application cannot be revived.
8) Application Refused u/s 15: When the controller is satisfied that the application does not comply with the requirement of the act, it stands refused u/s 15.
9) Application Withdrawn U/R 26: When the applicant has filed a request to withdraw the application voluntarily. A request for withdrawing the application under sub sec (4) of Sec 11B has to be made in Form 29. The request has to be made within 48 months from the date of priority or filing whichever is earlier and there is no exception or extension of the time available under the law. One can claim 90% refund fees of examination fees from the patent office before FER issued.
10) Deemed to be withdrawn U/S 11B (4): It means RFE (Request for Examination) of the patent application was not filed within 48 months from date of priority or the date of the filing of the application (whichever is earlier). In such cases, the application shall be treated as withdrawn by the applicant.
11) Granted: It means that your patent application has overcome all the objections, the patent is granted and published in the patent gazette. After the patent has been granted It has to be renewed every year by paying the renewal fee. A patent in India can be renewed for a maximum 20 years period from filing date.
Missing the patent timelines can prove lethal for your
patent application. For that one needs
to understand and be completely aware of the current stage of one’s patent
application. No statutory remedy is available to deal with the missed
deadlines. The applicants need to be more vigilant and fully aware of their
patent application timelines in order to retain legal rights over their
For further help regarding your patent application status and determining your course of action, please contact Intepat. In addition, you may also interested to read the below posts: