The Scope Of Background Section

For the patent filing in US, it is good practice to minimize the amount of information provided in the Background section of a patent application. The field of invention section is very important as if you leave this field broad , the scope can be interpreted to include more art than is actually applicable, thereby opening the patent application to obviousness rejections. an if u leave that field defined narrowly, then the associated claims may be interpreted too narrowly....

Searching prior art with the help of Inventor, assignee and Classification

Searching through the relevant keywords is safest approach for locating relevant prior art as there is a very high chance of finding prior art, but it is not the best approach. There are chances that some of the prior art may have been missed because of the different patent language or short description. There are some other strategies that a good patent searcher should work out on. some of them are to use Inventors, assignees and Classifications, first of all shortlist...

PCT VS The Paris Convention

Some advantages of the PCT are: A single application can be filed in the applicant’s home country, in the local language. It delays (by up to 18 months) the need to make a firm decision about the countries where patent protection is to be pursued. The PCT International Search Report (ISR) often can help applicants determine how likely it is that the application will proceed to grant in individual countries after national phase entry. Even accounting for the additional...

Novel approach to locate prior art

Locating close prior art provides a critical edge in patent litigation or licensing, by documenting that the patent in question should not have been granted due to anticipatory (102) or obviousness (103) art. However, the prior art defense is contingent upon successfully locating such art. as most law firms have discovered, there is a wide range of outcomes when a prior art search is commissioned. this is dramatically evident when a Joint defense Group commissions 3 searches...

Grace Period : Top Patent Offices

United States of America  Disclosure not to be taken into consideration in determining novelty and inventive step if it occurred within one year before the filing date in the form of: 1. inventions patented or described in a printed publication in the US or abroad; 2. public use or on sale in the US. India An invention shall not be deemed to have been anticipated by: 1. Disclosures at any time before the filing date (priority date) of matter obtained from, and...

Exclusion From Patentable Subject Matter: Japan & UK

Japan 1. Inventions contrary to public order, morality or public health. 2. Methods for the treatment of humans.  United Kingdom 1. Discoveries, scientific theories and mathematical methods. 2. Literary, dramatic, musical and artistic works. 3. Aestheticcreations. 4. Schemes, rules and methods for performing mental acts, playing games or doing business. 5. Computer programs.  6. Presentation of information. 7. Therapeutic, surgical and diagnostic methods for...

Patent infringement

infringement constitute of illegal manufacturing, using or even offering for a sale or selling any patented invention within the country or its territories without proper license, or importing it into the country of any patented invention during the term of the patent protection.   Protection against Infringement may vary from country to country, as the patent is examined voluntarily by the patent office established in each country or region and may have some difference...