Talwar and Talwar Consultants

The proposed Patent post grant review proceeding would allow the public to appeal the USPTO to cancel claims in a patent within a year of its issue date. And it allows any person who is warned with a patent infringement suit to plea for review within four months of being warned. To prevent wrong use, the review petitioner would be required to make a sufficient first proof of un-patentability; otherwise the petition would be dismissed. If the proof is enough, a fact-finding procedure leading to a hearing by the Board of Patent Adjudication on the merits would follow. It is envisaged that both parties would be obliged to make necessary disclosure of all relevant information, then followed by discovery as permitted by the Board of Patent Adjudication. During the Post Grant Patent review proceeding, the patent owner would have a single opportunity to make a narrowing amendment of the claims challenged.

The Post Grant Patent proceedings would then be conducted by the Board of Patent Appeals and Interferences, renamed after the Board of Patent Adjudication. Then, Administrative Patent Judges  of the Board would govern over streamlined hearings, designed to be closed within a year, where direct cases can be presented by documents, and cross-examination allowed where necessary.

The proposed new proceeding will expand the role of the USPTO in improving the integrity of the system of intellectual property. The role of USPTO in Patent validity search is presently limited to ex parte or inter parte re-examination proceedings, which subject patents  issued to a repetition of the examination process but not to a completely adversarial determination process, in which patent-ability can be challenged in an action about priority but only for a limited period and only by an applicant whose patent application presents subject.

An advanced process providing for full adjudication by the Board claims would aid to assure that those potentially affected by the economic burden of patents with false claims can get prompt redress. At the same time, the availability of correction option would help assure patentees that the result of such an opposed process could offer them better and assured protection of their inventions.

Moreover, the present proposal would omit inter parte reexamination completely and make introduction of third-party requested reexamination open. This should lessen the burden on the examiners of having to examine complex reexamination proceedings, and thus free examiners to check applications. Further, the Post Grant Patent proposal provides a vehicle wherein the third party develops and presents the proof thus saving a significant amount of resources that it now consumes in making the case for patent-ability.

Trademark Registration is a legal procedure provided for under the Trade Marks Act, 1999. Here is a breakdown of the process of registering your trademark, if your business is applicable for Trademark. The details of Trademark Filling India and e Trademark Search India are given below.

Documents required:

• A copy of the logo in JPEG format.
• Authorization Form (TM 48).
• First use date of the trademark.
• Name and contact address of the proprietor of the mark.
• Fee required

Trademark Filling India:

You can start making an application for registering a trademark on Form TM-1 with the prescribed mandatory fee of Rs 2,500 at one of the five available offices of the Trade Marks Registry located at Delhi, Mumbai, Kolkata, Chennai and Ahmedabad. This would depend on the place where you have your main place of business.

You will be required to do a Pre-Trademark Filling Search before filing your trademark. Once your trademark has been registered, you will be issued an official receipt along with a TM number. After that an examination report is to be filed within three months from application date. You should get a response to your registration either by a hearing, an affidavit, or by an interview.

You need to make sure that similar trademark doesn’t exist. Trademark Watch Service India is necessary to ascertain if it does conflict with any other existing registered or even pending trademarks. Based on this check, an examination report is then issued.

Once you successfully beat the objections raised by the registrar, your application is then proceeded to be published in the Indian Trade Marks Journal, along with an endorsement stating that either  it has been accepted or that it is being published before acceptance.

And once it is published, a person has three months to file a notice of opposition to registration,  which can be extended to a month only at the registrar’s discretion. Acceptance of your trademark application will be considered once the opposition proceedings have been finished.

E-filing/ e Trademark Search India:

E-filing a trademark application is a new innovative service provided by the trademark registry  on its website. Where, you can:

• Fill an electronic application form.
• Provide necessary associated attachments.
• Provide necessary payment details.

e-Filling provides many benefits such as receiving your application number on-line, verification to assure correct filing, speed up registration process, print the filled application form and receive  acknowledgement of fee, etc.

Using the TM symbol with your trademark simply indicates that you claim to be the authorized proprietor of the trademark.  e Trademark Search India and Trademark Filling India are not that difficult as there is no prohibition on the use of the symbol in India.

Business Research and Market Research help you to know the root cause of a problem or profitability of a business or just product as the case may be. Let us see how business research helps in such situations:

1. You are currently working in some organization, but you have an idea for a new product or service that may bring you fruitful returns.

The question you are actually asking yourself is, “Should I quit job and start a business to sell this product?” while the sub-question is “Would this idea really work?” If the idea is really going to work, and you can earn significant profit by starting this business by selling the product, then initiating the new business is something you should not miss. However will it be a profitable venture is the question to be answered with Yes or No. To know this, you can resort to Business Research India services, the research will help to make your decision that whether you should start a business or not considering aspects such as existing players, competition, demand, etc.

2. You run a small business and you have been successful with your first product or service but now you have an idea for a new product.

In this situation, the scenario is similar. Your small business is smoothly running and making a profit. However the sub question here is Whether is it worth to invest the profit earned in this new product, or should you reinvest  the profit or deposit in the bank and wait for a better idea? Again business research will only be able to answer these questions.

3. You work for a reputed large corporation, and the product that you manage has been losing sales even though the market appears to be strong.

Now this one is a mysterious question. A product that was successfully working is now losing sales for some unknown reason. Your need to find out that reason to get back to better situation.

In this case, you need to reach out to your potential customers and current customers to find out what they are experiencing. Here, You should ask questions to get some concrete answers. Question like Which features are significant to these people while which are not? Are you offering the price customers are willing to pay, If not,  why?

The process that one can use to get answers to these type of questions is called market research. There are two views to look at the process: From a view of business standpoint, market research is a way to get answers to important questions before spending a lot of time as well as money in creating a new product or service. From a view of consumer standpoint, there are many people who enjoy being a part of the market research process. And they can help you by participating in focus groups and surveys.