INTELLECTUAL NAVIGATORS

About Us

Intellectual Navigators extend patent services to cater specific needs of individuals, research institutions and technology driven industries by individually tailoring assistance, through comprehensive and careful consultation. The firm offers an exceptional capability at best cost with accuracy, in time bound manner and with creative solutions. Particularly, we care about long-term client satisfaction in a trusted relationship with our firm.

Our firm consists of Registered Patent Agents having post-graduate qualification with expertise in Chemistry, Biotechnology, Life Science, Medicine, Nutrition & Health Care.

Intellectual Navigators are involved in advising clients on every aspect of Patents and Trademarks. The firm handles patent and trademark prosecution on behalf of its clients.

Services

1.

Pre-filing services

a.

Identification of Invention

We closely work together with inventors in evaluating the potential of the invention and assist them to understand the scope and value of the potential patent rights that they might receive.

b.

Assessment of Patentability of invention

The Golden Rule of patent law is that a patent cannot take away from the public anything that was previously available.
Inventors often do not fully appreciate the novelty requirement of patent law. We discuss these issues with the inventors thus, assessing that the invention is patentable and it meets the relevant legal requirements.
We provide a patentability opinion prior to filing of the patent application

c.

Patent and non-patent literature search


•	Prior Art Search/ State-of-the-art search
	A prior art search involves searching different databases to see if the idea has already been patented or has been published in non-patent literature. Search is also executed to determine the existing solutions and potential competitors within a given technological field.

•	Freedom to operate analysis (FTO analysis)/ Infringement analysis/ Right to use/ Clearance search
	This type of search concentrates on uncovering the enforceable patents that may act as an obstacle in the commercialization of a product or service. Freedom to Operate (FTO) from a patent perspective means that it has been established – with a reasonable certainty – that the product does not infringe the Intellectual Property (IP) rights of others. We say "with a reasonable certainty" because "freedom to operate" can never be determined with absolute certainty due to inherent features of the patent system.

•	Patentability assessment
	Patentability search is performed after determining that an invention covers patentable subject matter and has utility, along with potential returns on investment. It focuses on finding prior art references that might be relevant to the novelty and non-obviousness of the invention.

•	Invalidity analysis
	Invalidity analysis is often initiated either when a patent owner intends to assess the strength of a given patent in preparation for enforcement of that patent or when an accused infringer desires to ascertain the validity of an asserted patent.

2.

Patent Filing Support


a.	Provisional application
	A provisional application is a legal document that establishes an early filing date and provides sufficient time to the applicant to assess and evaluate the market potential of the invention before filing the complete specification. - Drafting provisional specification - Preparing relevant documents

b.	Complete application
	In a complete application the applicant must fully and particularly describe the invention and the best known method of carrying it out, and provide one or more "claims" which define the scope of the invention. - Drafting complete specification - Preparing relevant documents
c.	PCT application
	Patent Co-operation Treaty (PCT) application provides a unified procedure for filing patent applications to protect invention in each of its contracting or designated states. A patent application filed under the PCT is called an international application or PCT application. - Advice on filing PCT application - Preparation of documents for filing PCT application in India - Referrals to foreign patent agents for national phase filings

3.

Submission and availment of documents

•	Filing application for post dating
•	Filing application for permission to apply patent outside India
•	Filing request for early publication
•	Filing request for examination
•	Preparing and filing request for extension of time
•	Filing of an application for amendment of patent/complete specification
•	Filing application for Change in Name/Address/Nationality/Address for service
•	Filing application for obtaining certified copy
•	Filing statement regarding working of a patented invention on a commercial scale in India
•	Filing of an application for the restoration of a patent

4.

Patent Prosecution

Patent Prosecution takes place after a Patent Examiner reviews the Complete application and makes comment on what needs to be corrected in order for a Patent to be granted.

Drafting and Filing response to official objections/ Examination reports
Attending hearing before the officer and advancing submissions for acceptance of the application/ Written submission

5.

Reminder & Payment of patent renewal fees

Maintenance /Renewal fees is the fee that is paid to keep a granted patent in force.

Patent

Trademark

Training

A.	Crash course to facilitate aspiring students/ IP professionals to prepare for the patent agent exam conducted by the Indian Patent Office.

B.	Seminars & Training Workshops to provide general information on creation & protection of intellectual property.

FAQ’s on Patent Agent Examination

1.

WHAT IS MEANT BY PATENT AGENT?

A Patent agent is a registered person with Indian Patent Office whose name is entered in the patent agent register after being declared qualified the patent agent examination conducted by the patent office and who is entitled -

(a)	to practice before the Controller; and
(b)	to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act.

2.

WHAT ARE THE ELIGIBILITY CRITERIA OF BECOMING A PATENT AGENT?

Eligibility conditions for registration as patent agents are below -
A person shall be qualified to have his name entered in the register of patent agents if he fulfills the following conditions, namely -

(a)

he is a citizen of India;

(b)

he has completed the age of 21 years;

(c)

he has obtained a degree in science, engineering or technology from any university established under law for the time being in force in the territory of India or possesses such other equivalent qualifications as the Central Government may specify in this behalf,

and, in addition, -

(i)	has passed the qualifying examination prescribed for the purpose; or
(ii)	has, for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under section 73 or both, but ceased to hold any such capacity.

3.

HOW INTELLECTUAL NAVIGATORS WOULD HELP THE ASPIRING PROFESSIONALS TO QUALIFY THE PATENT AGENT EXAM?

We help you to prepare for the patent agent examination by providing training in a relatively short span of time. The content is designed based on the latest format of the exam.

Frequently Asked Question

1.

WHAT IS A PATENT?

A Patent is a statutory right for an invention granted to the patentee by the Government for a limited period of time, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

2.

DOES INDIAN PATENT GIVE PROTECTION WORLDWIDE?

Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

3.

IS IT POSSIBLE TO FILE INTERNATIONAL APPLICATION UNDER PATENT COOPERATION TREATY (PCT) IN INDIA?

It is possible to file an international application known as PCT application in India in the Patent Offices located at Kolkata, Chennai, Mumbai and Delhi. All these offices act as Receiving Office (RO) for International application.

4.

WHAT CAN BE PATENTED?

An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 of the Act.

5.

WHO CAN APPLY FOR A PATENT?

A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.

6.

WHAT ARE THE CRITERIA OF PATENTABILITY?

An invention to become patentable subject matter must meet the following criteria –

i)	It should be novel.
ii)	It should have inventive step or it must be non-obvious
iii)	It should be capable of Industrial application.
iv)	It should not fall within the provisions of section 3 and 4 of the Patents Act 1970.

7.

SHOULD APPLICATION FOR PATENT BE FILED BEFORE OR AFTER, PUBLICATION OF THE DETAILS OF THE INVENTION?

The application for patent should be filed before the publication of the invention and till then it should not be disclosed or published. Disclosure of invention by publication before filing of the patent application may be detrimental to novelty of the invention as it may no longer be considered novel due to such publication. However, under certain conditions, there is grace period of 12 months for filing application even after publication.

8.

CAN ANY INVENTION BE PATENTED AFTER PUBLICATION OR DISPLAY IN THE PUBLIC EXHIBITION?

Generally, a patent application for the invention which has been either published or publicly displayed cannot be filed. However the Patents Act provides a grace period of 12 months for filing of patent application from the date of its publication in a journal or its public display in a exhibition organised by the Government or disclosure before any learned society or published by the applicant.

9.

IS IT NECESSARY TO FILE A PROVISIONAL APPLICATION?

Generally, an application filed with provisional specification is known as provisional application which is useful in establishing a priority date for your invention. Moreover, filing of a provisional application is useful as it gives sufficient time to the applicant to assess and evaluate the market potential of his invention before filing complete specification. However, it is not necessary to file an application with provisional specification and one can file application directly with complete specification.

10.

WHAT ARE THE VARIOUS STAGES INVOLVED IN THE GRANT OF PATENT?

After filing the application for the grant of patent, a request for examination is required to be made by the applicant or by third party and thereafter it is taken up for examination by the Patent office. Usually, the First Examination Report is issued and the applicant is given an opportunity to correct the deficiencies in order to meet the objections raised in the said report. The applicant must comply with the requirements within the prescribed time otherwise his application would be treated as deemed to have been abandoned. When all the requirements are met, the patent is granted and notified in the Patent office Journal. However before the grant of patent and after the publication of application, any person can make a representation for pre-grant opposition.

11.

WHERE THE INFORMATION RELATING TO PATENT APPLICATION IS NOTIFIED?

The information relating to the patent application is published in the Patent office Journal issued on every Friday. This is also available in electronic form on the website of the Patent Office

12.

CAN ONE USE THE WORDS "PATENT PENDING" OR "PATENT APPLIED FOR"?

These words are normally used by the patent applicant to their products after filing his application for patent so that the public is made aware that a patent application has been filed in respect of that invention. Use of these words where no application has been made is prohibited under the Patent law. However, use of such words by the patent applicant does not prohibit the third party to plead as innocent unless the patent number is indicated.

13.

WHAT IS THE TERM OF PATENT?

Term of every patent in India is 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification. However, in case of applications filed under PCT the term of 20 years begins from International filing date.

14.

WHAT ARE OBLIGATIONS OF THE PATENTEE AFTER THE GRANT OF PATENT?

After the grant of patent, every patentee has to maintain the patent by paying renewal fee every year as prescribed in the schedule I. For first two years, there is no renewal fee. The renewal fee is payable from 3rd year onwards. In case the renewal fee is not paid the patent will be ceased.

1.	WHAT ARE TRADEMARKS?
	Trademarks are words, names, symbols, or devices used by manufacturers of goods to identify their goods, and to distinguish their goods from goods manufactured and sold by others. A person who sells his goods under a particulate trademark acquires a sort of limited exclusive right to use the mark in relation those goods. Trademark law protects this right of the owner of a mark to use marks that distinguish his goods from others and to prevent others from using marks that are likely to cause confusion. Trademark law protects the goodwill of a business and also protects the consumers' ability to accurately ascertain the source of goods and services.

2.	HOW TO PROTECT TRADEMARK?
	By ensuring that the mark is registered on a national trademark register.

3.	WHY TO PROTECT IT?
	Primarily to ensure that the only persons who are able to exploit it are you or your company. Your reputation is represented by your trademark. Others may seek to use your trademark or something akin to your trademark for their own use and thus take advantage of the reputation you have earned. Registration of your trademark is the surest and quickest means of seeking redress in these circumstances. Furthermore, registration establishes your exclusive rights to use that trademark for your goods or services.

4.	WHERE CAN YOU PROTECT THE TRADE MARK?
	Trademarks can be registered in nearly every country in the world. You should aim to protect your trademark wherever your goods are sold or your services provided now or in the future.

5.	WHAT ARE SERVICE MARKS AND ARE THEY PROTECTED IN INDIA?
	Service marks are trademarks used by business rendering various kinds of services, for eg: travel agents, finance companies etc.

6.	WHAT FORMS OF PROTECTION ARE AVAILABLE FOR TRADEMARKS?
	There are two forms of legal protection that are available for trademarks. Under the Trade and Merchandise Marks Act, 1958, the procedure for registration of trademarks is prescribed in order to afford protection for the same. The most effective trademark protection is obtained by filing a trademark registration application in the Registrar of Trademarks. Once the trademark is registered, infringement can be easily established. In case of unregistered marks and marks which are not registerable, the only form of protection is the common law remedy of passing off. The plaintiff would have to prove sufficient use of the mark so as to create valuable goodwill of the business connected with the goods bearing the mark.

7.	WHAT IS THE DURATION OF REGISTRATION?
	The first registration is valid for a period of ten years and can be renewed for further periods of ten years each by paying the renewal fee. If the mark is not renewed, it will be removed from the Register but it can be restored if a request is made to that effect within one year from the date of expiry of registration or last renewal.

Introduction to Patent

Introduction to Trademark

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Get in Touch

Email id: info@intellectualnavigators.com

For Patent: +91-9850696776 / 9860882283

For Trademark: +91-9836527715

Disclaimer:

The analysis and/ or opinion provided by the firm is for general information purposes and should not be considered to be conclusive or be treated/ relied on as a substitute for legal advice. The firm does not offer legal advice. As legal advice depends upon the specific circumstances of each party, nothing provided herein should be used as a substitute for advice of competent lawyer. In addition, please be aware that patent law varies considerably from country to country, so some information in these pages may not be applicable to your situation. Although we make every attempt to provide current information, we cannot promise that everything on this web site is complete or up to date.