Anmol Aggarwal’s Post

I should give up. The examiner says that my invention is not patentable... This is the comment I hear very often from non-experienced applicants. In this post, Robert Plotkin explains very nicely why an initial rejection is just the start of the process that normally result in a solid patent. #patentlaw #patents #innovation

"𝗠𝘆 𝗽𝗮𝘁𝗲𝗻𝘁 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗵𝗮𝘀 𝗯𝗲𝗲𝗻 𝗿𝗲𝗷𝗲𝗰𝘁𝗲𝗱. 𝗦𝗵𝗼𝘂𝗹𝗱 𝗜 𝗴𝗶𝘃𝗲 𝘂𝗽?" I hear this a lot from first-time patent applicants. I understand that it seems strange for a patent application to be rejected if the invention is patentable. 𝗬𝗲𝘁 𝗿𝗲𝗷𝗲𝗰𝘁𝗶𝗼𝗻𝘀 𝗮𝗿𝗲 𝗮 𝗻𝗼𝗿𝗺𝗮𝗹 𝗮𝗻𝗱 𝗲𝘅𝘁𝗿𝗲𝗺𝗲𝗹𝘆 𝗰𝗼𝗺𝗺𝗼𝗻 𝗽𝗮𝗿𝘁 𝗼𝗳 𝘁𝗵𝗲 𝗽𝗮𝘁𝗲𝗻𝘁 𝗽𝗿𝗼𝗰𝗲𝘀𝘀. In fact, the vast majority of issued patents were rejected at least once -- often several times -- before they were granted. Why? I'll start by answering that question with another question: 𝗜𝗳 𝘆𝗼𝘂 𝘄𝗲𝗿𝗲 𝗻𝗲𝗴𝗼𝘁𝗶𝗮𝘁𝗶𝗻𝗴 𝗮 𝗯𝘂𝘀𝗶𝗻𝗲𝘀𝘀 𝗱𝗲𝗮𝗹 𝗮𝗻𝗱 𝘁𝗵𝗲 𝗼𝘁𝗵𝗲𝗿 𝗽𝗮𝗿𝘁𝘆 𝗮𝗰𝗰𝗲𝗽𝘁𝗲𝗱 𝘆𝗼𝘂𝗿 𝗶𝗻𝗶𝘁𝗶𝗮𝗹 𝗼𝗳𝗳𝗲𝗿, 𝘄𝗼𝘂𝗹𝗱 𝘆𝗼𝘂 𝗯𝗲 𝗵𝗮𝗽𝗽𝘆? Or might you wonder, "Did I just agree to pay too much or to accept too little?" The same can be true with patents. If your patent application is accepted ("allowed") without any rejections, this might be a sign that you didn't aim high enough with your patent application. This is why it can be helpful to 𝘃𝗶𝗲𝘄 𝗮𝗻 𝗶𝗻𝗶𝘁𝗶𝗮𝗹 𝗿𝗲𝗷𝗲𝗰𝘁𝗶𝗼𝗻 𝗼𝗳 𝗮 𝗽𝗮𝘁𝗲𝗻𝘁 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗮𝘀 𝘁𝗵𝗲 𝗯𝗲𝗴𝗶𝗻𝗻𝗶𝗻𝗴 𝗼𝗳 𝗮 𝗻𝗲𝗴𝗼𝘁𝗶𝗮𝘁𝗶𝗼𝗻, 𝗿𝗮𝘁𝗵𝗲𝗿 𝘁𝗵𝗮𝗻 𝗮𝘀 𝘁𝗵𝗲 𝗲𝗻𝗱 𝗼𝗳 𝘁𝗵𝗲 𝗹𝗶𝗻𝗲. Other reasons that your patent application might be rejected are that the examiner is not familiar with the invention's field of technology or that the examiner was pressed for time and rejected your application by default -- many examiners adopt a "when in doubt, reject" approach. It's natural, even for sophisticated inventors and business executives, to react defensively when a patent application is rejected. Yet, once you realize that nearly all patents were rejected before they were granted, and that rejections are merely part of a dialogue, it can become easier to view rejections more objectively so that you can work with your patent attorney to develop strategies for overcoming rejections and obtain valuable patents. #patents #intellectualproperty

Design Patent Examination Procedure

Some more explanation on provisional patent applications, i.e., since they don’t become enforceable patents, what good are they? A good way to think of it is a provisional patent application is a less expensive way to secure your spot in line. When a nonprovisional patent application is examined, it is evaluated against what is called “prior art.” These are things that were published, used, or sold before your application was filed. Your invention has to be new and not obvious over this prior art. In most instances, the filing of your patent application cuts off what can be used against you as “prior art.” Filing a provisional application can serve as that cut-off. You are essentially saying (with exceptions I won’t get into here) that anything that comes after my provisional filing date cannot be used against me as “prior art” down the road. The other benefit of the provisional patent application is that once filed, you are permitted to publicly disclose or sell the invention described in that application. As I mentioned in the previous post, this allows you to gauge the interest so you can decide whether to go forward with the full nonprovisional patent application process. This is important because in the U.S., once your invention becomes public or has been the subject of an offer for sale, the clock for filing a patent application starts ticking. You have one year to file. Once that year is up, if you haven’t filed an application, your invention is now in the public domain and you won’t be able to get a patent. A provisional patent application can serve as the requisite filing to preserve your rights. This actually becomes more important if you plan to file applications in other countries. In Europe, for example, you get no grace period. Once you disclose or sell the invention, you are barred immediately from pursuing patent protection. A properly filed provisional patent application can protect you in those circumstances as well. #patentattorney #patentlawyer #patents #innovation ------------------------------------------ **Follow me for more interesting examples & useful tips regarding IP. **Got an idea you don't know what to do with? DM me!

🔍 Understanding the Difference: US Provisional vs. Non-Provisional Patent Applications 🔍 In the world of intellectual property, securing your innovations is paramount. For innovators and inventors in the United States, navigating the patent application process is crucial for protecting their ideas. Two primary types of patent applications often discussed are the US provisional and non-provisional patent applications. Let's delve into the key differences between them: Purpose and Duration: Provisional Patent Application: This serves as a placeholder, offering a streamlined initial filing option. It provides a quicker and less expensive way to establish a filing date and "patent pending" status, giving inventors time to further develop their invention. However, it does not lead to an actual patent on its own and lasts for one year. Non-Provisional Patent Application: This is the standard patent application that initiates the examination process by the US Patent and Trademark Office (USPTO). It requires a full disclosure of the invention, including claims, and must meet all the formal requirements for patentability. Upon approval, it grants the inventor exclusive rights to the invention for up to 20 years. Formal Requirements: Provisional Patent Application: It has fewer formal requirements compared to non-provisional applications. There's no need for claims, oath or declaration, or information disclosure statement (IDS). Non-Provisional Patent Application: This must include a detailed written description, claims defining the invention's scope, drawings (if necessary), and any necessary forms or fees. Examination and Patent Grant: Provisional Patent Application: It doesn't undergo examination by the USPTO. To obtain a patent, inventors must file a corresponding non-provisional application within one year, claiming the benefit of the earlier filing date. Non-Provisional Patent Application: Upon filing, it undergoes a thorough examination process by the USPTO, where patent examiners review the application to determine if the invention meets the criteria for patentability. If successful, the patent is granted. Understanding these distinctions is vital for inventors and innovators in protecting their intellectual property. Whether opting for a provisional or non-provisional patent application, seeking guidance from a qualified patent attorney or agent can ensure a smooth and successful patenting process. Got questions or experiences to share? Feel free to drop them in the comments below! #PatentLaw #IntellectualProperty #Innovation #USPTO #PatentApplication #LinkedInLearning #Patents #IntellectualProperty #IPRights #PatentLaw #PatentProtection #Innovation #LegalTech #TechLaw #IPStrategy #PatentLitigation #PatentOffice #IPEnforcement #IPManagement #InnovationManagement #LegalNews #IPConsulting #IPProfessionals #BusinessStrategy #StartupLaw #Entrepreneurship

Patent Power-Up in India! 🇮🇳 India's Patent Rules Get a 2024 Refresh The Indian Patent Office has implemented revisions to the Patent Rules, aiming to enhance the efficiency of the patent application process. Here's a quick round up of the key changes: 1. Reduced Burden of Working Statements: Working statement filings are now required every three years instead of annually, easing compliance for patent holders. 2. Streamlined Foreign Filing Updates: Foreign Filing Updates may still be needed to be filed by the Applicant, but the process has been further streamlined! The amended rules allow the Patent Office to leverage existing databases for verifying details of corresponding foreign applications. 3. Formalized Grace Period: A formal request and fee has been prescribed for a 12-month grace period for filing after disclosure. 4. Strategic Planning Needed for Requesting Examination: Applicants now have 31 months from the priority date (down from 48) to request examination. Careful planning is key to ensure timely requests. 5. Clearer Pre-Grant Oppositions: The amended rules attempt to provide a more structured approach to handling pre-grant oppositions. 6. Renewal Fee Incentive: Pay renewal fees electronically upfront for at least four years and enjoy a 10% discount! 7. Certificate of Inventorship: [New] The amended rules allow inventors to request a Certificate of Inventorship for a granted patent. Duplicate certificates are also available. 8. Patents & Designs Agents: It's important to note that with the increased focus on designs, aspiring patent agents would now need to broaden their knowledge base to include the Designs Act too. These changes are expected to expedite patent processing overall, but necessitate more upfront planning from applicants. Further evaluation is necessary. Looking ahead, these streamlining efforts are a positive sign! The Indian Patent Office recently granted a record-breaking 1 lac (100,000) patent applications in FY 2023-24. This bodes well for clearing backlogs and fostering a more robust patent ecosystem in India. Let me know in the comments what you think about these changes, how they impact you and what you foresee! #patent #india #innovation #intellectualproperty #IntellectualPropertyRights #InnovationPipeline #MakeInIndia #patentattorney #JoinTheDiscussion

Our Patent Expert Discusses India's Patent Rule Refresh! 🇮🇳 Our Founder & Principal Counsel, Ms. Maninder Maniktala recently shared insights on the key changes to India's Patent Rules. These revisions aim to enhance the efficiency of the patent application process. Get a quick rundown of the key updates in her post. #patent #india #innovation #intellectualproperty #JoinTheDiscussion

To secure a patent in the UK, your innovation must: 1️⃣ be new 2️⃣ involve an inventive step 3️⃣ be capable of industrial application 4️⃣ not be excluded from patent protection Learn more about how we can help 👉 https://lnkd.in/eh-zMu_a #innovation #invention #inventor #patents

The New patent Rules have been published March 15, 2024. These changes in patent rules aim to streamline procedures and provide clarity in various aspects of patent filing and maintenance. The key points: Time period for filing Request for Examination: Reduced to 31 months from the previous 48 months. Details of Foreign filings: Must be provided within 3 months from the issuance of the First Examination Report, extendable by filing Form 4 for an additional 3 months. Divisional application: Can now be filed based on the disclosure from provisional or complete specification or any other Divisional application. Grace period: A formal request can be filed for availing the Grace period of 1 year in case of an already published, disclosed, or used invention. Pre-grant opposition: If the controller considers that a prima facie case has not been made out by the opponent, the opponent will be notified and will have to request a hearing. If no request is filed, the controller will pass the order without hearing the opponent. Certificate of inventorship: Can be issued to an inventor at any time when a patent is in force. Renewal fee reduction: A 10% reduction in official fees if the renewal fee is paid for at least 4 years together. Working statements: Must be filed once for every period of three financial years, extendable by 3 months. These changes suggest an effort to make the patent process more efficient, reduce timelines, and simplify compliance requirements for patent applicants and holders.

Patent Amendment Rules 2024. #patentactamendment2024 #patentact #indiapatentoffice On March 15, 2024, the Ministry of Commerce and Industry introduced the Patents (Amendment) Rules, 2024, significantly impacting Indian patent practices. The amended rules, effective immediately, focus on modified timelines, pre-grant opposition proceedings, divisional applications, working statements, grace periods, inventorship declarations, and adjustments to official fees. Here are the key highlights of the Amended Rules: 1)The timeline for filing a Request for Examination (RFE) is reduced from 48 to 31 months. 2)Updated information on corresponding foreign applications must be submitted within three months after receiving the First Examination Report (FER). 3)Extensions of time for putting an application in order for a grant can now be requested within nine months from the FER issuance date. 4)Rule 138 now allows extensions of up to six months and condonation of delay. 5)The frequency of submitting Form 27 is adjusted to once every three years. 6)A fee is now payable for filing a pre-grant opposition, set at INR 20,000 for large entities and INR 4,000 for others. 7)The Controller must determine whether a prima facie case is established before notifying the applicant of the pre-grant opposition. 8)The deadline for filing a reply statement to a pre-grant representation by the applicant is shortened to two months. 9)Divisional applications can now be filed for inventions disclosed in provisional or complete applications. 10)Revised Form 27 now requires patentees to state whether the patent is worked, reasons for non-working, and availability for licensing. 11)A new Form 31 and Rule 29A facilitate the availing of a grace period, requiring disclosure of relevant dates and evidence. 12)A new Rule 70A and Form 8A enable inventors to apply for a certificate of inventorship by filing a request along with a fee of INR 900. 13)Official fees for requesting extensions/condonation of delay are adjusted to INR 50,000 per month for large entities and INR 10,000 per month for others.