MARK INNOVATORS

At MARKINNOVATORS, we have team of energetic, qualified professional in their respective field committed to work efficiently, diligently and have strong technical background and are expert in handling patent matters relating to mechanical, electrical, electronic, chemical, pharmaceutical and biotechnology areas. The Patents section is responsible for reviewing the technical literature provided by clients, drafting of Patent specifications, filing under domestic law for national level patents or under international treaties, prosecution of applications, patent searches and opinions on Patent ability and Patent validity. Patent section is involved in drafting of Patent specifications and filing and prosecuting applications in India and abroad. It is also engaged in conducting several opposition proceedings for many of its overseas clients.

· What is Patent:-
· The Patent is a exclusive right granted to a person who has invented a new or useful article or made an improvement of an existing article or a new process of making an article for exclusive use of an invention, which lasts for a period as granted by the statue and it is a property like any other business commodity and may be bought, sold, hired or licensed by the Patentee. In simple words, the patent is an exclusively monopoly right granted to the inventor as per the provisions of the Patents Act in India. The Patent means Patent granted under the Patent Act, 1970 as defines the Patent as under section 2(m) and has been amended in 1999.

· Salient Features: -
· Term of every patent which is in force including a patent restorable, U/S. 60 as on 20.5.2003 has now become 20 years from date of filing.
· Time for restoration of a ceased patent, U/S 60 has now increased from 12 months to 18 months as such an application for restoration of a patent ceased on or after 20th May,2003 can be filed within 18 months from the date of ceases ion.
· A new definition of "Invention" means a new product or process involving inventive step and capable of industrial application; has now come in force.
· A method or process of testing during the process of manufacture will now be patentable.
· Process defined, U/S 3(i) in case of plants, are now patent able while a process for diagnostic and therapeutic has now been considered as non paten table,
· A list of Authorized Depository Institutions have been notified (annexed hereto) in the Gazette Of India, Part II, Section 3 sub-section (ii) dated 20.5.2003 for depositing the biological materials mentioned in the specification at the time of filing a patent application.
· The source of Geographical origin of the biological material used in invention is required to be disclosed in the specification.
· 18 months publication has been introduced, therefore, every patent (except in which a secrecy direction is given U/S 35) will now be published just after 18 months from the date of filing/priority and will be open for public on payment. As such the filing intimation being published in the Gazette immediately after filing has been stopped.
· A request for examination system has been introduced and therefore all the patent applications in which First Examination Report has not been issued on or before 19th May, 2003 will now be examined U/S 12 only after filing a request for examination on Form -19 with prescribed fee.
· The applications for patent will now be examined in serial order in which the request for examination is filed.
· In case the application has been filed before the commencement of this Act, the request shall be made within a period of twelve months from the date of commencement of the Act ie. 20th May 2003 or 48 months from the date of application, whichever is later.
· Provision for filing request for examination by any other interested person (other than applicant) also has been introduced.
· Provision for the withdrawal of application by applicant any time before grant has been introduced.
· Time for putting the application in order for acceptance U/S 21 has now been reduced from 15/18 months to 12 months.
· Ground of opposition U/S 25 as well as revocation U/S 64 have been enlarged by adding following grounds:
i. Non disclosure or wrongly mentioning the source of geographical origin of biological material used for invention;
ii. Anticipation having regard to the knowledge oral or otherwise available with in local or indigenous community in India or elsewhere
· Section 39 in modified form prohibiting filing patent application outside India, inventions limited to the fields of defence purposes or atomic energy has been reintroduced.
· Opposition Proceedings U/S 25 have been simplified and shortened, fixing hearing is not compulsory, if the applicant does not file reply statement and evidence, application will be deem to have been abandoned.
· Provision for extension of time up to 6 months for paying the overdue renewal fees initially i.e. renewal fees, which have become due, due to the late grant of patent can now be paid within 9 months from the date of recordal by taking an extension on Form - 4.
· Charges for supplying the photocopies of the documents available in the Patent Office have now been reduced from Rs. 10/- to Rs. 4/- per page.

· Charges for amendments in name, address, nationality, and address for service, payable on Form - 13 have been reduced.
· Patent Applications and other documents (except PCT International application) now are required to be filed only in duplicate. Documents can now be filed 1 copy in electronic form with one hard copy (paper form).
· Fees are required to be paid on documents can now be paid within 1 month from its date of filing.
· Provision for allowing Paris Convention Priority has been extended to group or union of countries or inter governmental organizations, therefore, 12 month priority will also be available to applications filed in EPO, AIRPO, OAPI and EAPO.
· The Inventions, which can be patented: -
· Method or manner of manufacture of art processes.
· Article apparatus or other machine.
· Substance produced by manufacturing.
· The Inventions which can not be Patented: -
· Frivolous or obvious inventions.
· Inventions contrary to law or morality or injurious to public health.
· Discovery of mere scientific principle.
· Discovery of mere abstract theory.
· Mere discovery of any new property or new use for a known substance or process or apparatus unless results to new products or employs one new reactant.
· Ad-mixtures merely.
· Arrangement / re-arrangement merely of known devices functioning independently.
· Process or method of testing applicable during the process of manufacture for rendering the machine or other equipment more efficient for improvement / restoration of the existing machine or for the improvement of manufacture.
· Agriculture or horticulture methods.
· Any process for the medicinal or other treatment of human beings or for a similar treatments of any animals or plants to render them free of disease or to increase their economic value or that of their products.
· Detailed procedure for grant of Patent: -
· The application is examined by Patent Office and objections if, any, are raised there to.
· The specification is advertised after the objections, if any are removed to satisfaction of the Patent Office.
· The Patent is sealed if there is no opposition by the third party.
· Within a period of 4 months of advertisement.
· After sealing of the patent the certificate is issued by the Patent Office.
· Note that: -
· If all documents have been filed, depending on the backlog in the Patent Office, the acceptance normally takes place within about 2 to 3 years from the date of filing of the application. Thereafter the publication in the Gazette of India (published every Week) takes place after about 6 to 10 months and the Letters Patent document can be expected about 6 months afterwards.
· Three copies of specification including claims, provisional / complete drawings and abstract (not more than 100 words).
· Name of country, Application No. Date of filing and status, in case priority is to be timed [certified priority documents if not in English, a certified English translation is required.] India is a member of PCT therefore; you can designate India in PCT application.
· Form Nos. 1, 3 and 5 and Power of Attorney (Signed by the applicant or duly authorized representative of the applicant giving full name and designation)· Requirements to apply for a Patent in India :-
· Applicant(s) - Full name, address and nationality [Body corporate: business or registered office address.]
· Inventor(s) - Full name, address and nationality.
· Note that: -
· The above information may be e-mail to obtain filing date and formal documents may be filed within 3 months without late fees.
· PCT National Phase - For entering the Indian National Phase under Chapter I/II, in addition to above-mentioned points 1 to 5 only a copy of Request Form PCT/RO/101 is required.
· Renewal of Patent: -
· The Patent is renewed annually every year and renewals are due beginning of the third year onwards. However all outstanding renewals can be paid in bulk for the full period at any time during the life of a Patent?
· Terms Of Patent: -
· The Patent is granted 7 years in respect of relating to food, medicine or drug.
· 14 years in respect of other Patent products.· Revocation of Patent: -
· The grant of patent by the patent office does not guarantee its validity. The validity of a patent granted under the Act may be challenged only in a High Court in revocation proceedings Under Section 64. The revocation petition cannot is filed before the Controller of Patents.· Infringement Action: -
· In case of any infringement of pending patent, no action can be taken unless the patent has been sealed.
· Unauthorisedly making, using, selling or distributing of a patented product / process amounts to an infringement of Patent.· Action for infringement of Patent may be instituted in a District Court or High Court having its jurisdiction.· Criminal action does not lie unlike in Trademarks and Copyright.
· Filing of convention applications on an urgent basis:-
· Where a convention priority (so far over 108 countries allowed) is claimed, the information can be sent to us and the application then can be filed immediately. · The requisite details to be provided: -
· Full names, address and nationality of applicant/s.
· Full names, address and nationality of each inventor/s.
· Title if any.
· Full specification, including claims, abstract and drawing sheet.Priority Number, date, country and status.
· The original specification, claims and drawings then have to be filed within 3 months from the date of filing of the application.
· Note: -
PCT National Phase - For entering the Indian National Phase under Chapter I/II, in addition to above mentioned points 1 to 5 only a copy of Request Form PCT/RO/101 is required.
· Opposition proceedings: -
· If an application is formally in order, and accepted by the Patent Office. After acceptance of application the abstract and other details are published in the Gazette of India and in case no opposition is received within four months of such advertisement, making an application to said effect might seal the patent.· Infringement action while application is pending: -
· While a patent application is pending, an alleged "infringer" cannot be taken to Court.
· This can only be done after the grant of a patent.
· Search of a Patent: -
· The Patent Office records include the chronologically numbered abstracts classified according to the international patent classification, and an alphabetical name.
· Classification Searches can be done for:
· Novelty searches amongst prior Indian patents.
· Name searches.
· Requirements for Grant of Patent: -In BANGLADESH
· Applicant(s) - Full name, nationality and address (Body corporate: business or registered office address).
· Inventor(s) - Full name, nationality and address.
· Three copies of specification including claims, drawings and abstract (not more than 100 words).
· A duly executed Power of Attorney from the Applicant.
· In case priority is claimed from any country (which is allowable), a certified copy issued by the respective Patent Office is to be filed positively within 3 (three) months from the date of filing.
· Requirements for Grant of Patent: In BHUTAN
· At present there is no Patent law enacted in Bhutan so far, so question of applying for a Patent in Bhutan does not arise.
· 7 years in case of food and drugs.
· Requirements for Grant of Patent: In NEPAL
· Applicant(s) - Full name, nationality and address (Body, corporate, business or registered office address).
· Inventor(s) - Full name, nationality and address.
· Three copies of specification including claims, drawings and abstract (not more than 100 words).
· A duly executed Power of Attorney from the Applicant.
· In case priority is claimed from any country (which is allowable), a certified copy issued by the respective Patent Office is to be filed positively within 3 (three) months from the date of filing.· Requirements for Grant of Patent: In PAKISTAN· Applicant(s) - Full name, nationality and address (Body corporate: business or registered office address).
· Inventor(s) - Full name, nationality and address.· Three copies of specification including claims, drawings and abstract (not more than 100 words).· A duly executed Power of Attorney from the Applicants.
· In case priority is claimed from any country (which is allowable), a certified copy issued by the respective Patent Office is to be filed positively within 3 (three) months from the date of filing. · Requirements for Grant of Patent: In SRILANKA
· We can prepare and make the Patent application on your behalf in Sri Lanka. Kindly provide us the information / documents as mentioned herein below.
· Documents only in the English Language are acceptable. We do not undertake translation of documents at our end.
· Full name and address of the Applicant / Inventor. (It must be identical to the name and address stated in the front page of the PCT application.)
· Title of Invention. (It must be same as in the front page of the PCT Patent application.)
· 2 Sets of the Specification. (Whatever size the Specification may be Cost will not change.)
· 2 Sets of the International Search Report and the International preliminary examination report.
· A duly executed Power of Attorney from the Applicant.
· In the case of a Convention Patent Application, a statement of justification also needs to be filed along with the above documents.)
· The above documents need not be legalized or notarized. If the Application is to be filed urgently, please forward the front page of the PCT application, containing the Abstract of Invention, so those initial steps may be taken at our end.