India Patent Blog

In general, the patent using a patent agent or patent attorney who has a technical background and has a legal background or patent know-how developed. To obtain a patent for an invention, the invention is patentable criteria as novelty, inventive step and meet industrial application and dissemination of technical information that invention by a person skilled in art practice. The patent applications are compiled and submitted to the Patent Office to disclose all of the technical information for the public and the exclusive right for a certain period, which is used by the patentee in the application claim.

A patent has the following main elements, such as title, background, technical information, abstract and claims. The person who writes an application to the ability to understand the scope of the invention has, so he can make application for a patent application would require a draft. To understand the area / thickness of the invention can distinguish the only technical person in an environment of existing technology, and might bring new and innovative feature of the invention in the technical content and background of the invention.

The bulk of the claims, which define the scope of protection of the invention and the other to prohibit the manufacture, use, sale or offering for sale item is determined by the claims, without the permission of the patent holder. Therefore, the claim construction considered the heart of the patent, and it is absolutely necessary to protect the invention and enforcement of patents. The word in the right of writing very clear and concise. The meaning and interpretation of each requirement with the technical content of the application covered goods. In the preparation of the claim, the patentee must be careful to avoid the selection of words in the demand for ambiguity.

To interpret the claims, the person who is now the law of the jurisdiction, so that he could fulfill the requirements of the patent law of the country boats. It is therefore important to have the legal expertise to create debt. For example, two partially right [Jepson request] to be important to distinguish EPO Novum, such as the United States, it is taken as the art before the separation in the two sub-claims known. Another example, omnibus claim is allowed in Germany, but is not permitted in the United States. Without knowledge of patent law jurisdiction, it would not be possible, the damage is properly draft.

In a patent application, it is important to have an extensive technical information for the filing of patent application in the new object can not be included, from the filing of patent application, but at the same time, can claim during prosecution of the application is amended. The patent is based on the technical content and given the patentability of inventions and the application will try to protect the invention. Therefore, preparing the patent application is an art and requires both technical and legal knowledge to obtain a patent.

Patent applications to protect inventions and obtaining patents, and also to maintain the patent. The future of patent enforcement is mainly due to the scope of protection of inventions, particularly the extent of protection determined by the design right. Thus, for the understanding of the actual claim patent with the patent holder in order to find potential infringers. In preparing the patent application is subject to the prior art, characterized by avoiding litigation, and also need to be written with the help of technical information and to avoid the invalidity of the patent. Therefore, enforcement of the patent in the quality of the patent application intended development.