Filed under: Patent basics
Continuing patent application is a patent application which follows, and
claims priority to, an earlier filed patent application.
These types of patent applications include “continuation”, “divisional”,
“continuation in part”, and “reissue”.
1.Continuation:
A “continuation application” is a patent application filed by an applicant
who wants to pursue additional claims to an invention disclosed in an
earlier application of the applicant (the “parent” application) that has not
yet been issued or abandoned. The continuation uses the same specification
as the pending parent application, claims filing date priority of the
parent, and must name at least one of the same inventors as in the parent.
This type of application is useful when a patent examiner has allowed some
but rejected other claims in an application, or where an applicant may not
have exhausted all useful ways of claiming different embodiments of the
invention.
2.Divisional:
*Divisional applications are generally used in cases where the parent application may lack unity of invention; that is, the parent application describes more than one invention and the applicant is required to split the parent into one or more divisional applications each claiming only a single invention.
*A divisional application need not name any of the inventors named in the parent application.
*This type of application is often the result of a “restriction requirement” by an examiner, because a patent can only claim a single
invention.
3.Continuation-in-part:
*An application (also called CIP) that is filed when a new improvement is
conceived after filing of the original application.
*The CIP thus contains the original filed invention and the newly claimed invention, and has atleast one common inventor as named in the parent application.
*This is a convenient way to claim enhancements developed after the parent application was filed.
*Material in common with the earlier application has the original
application’s filing date and new material has the filing date of the CIP.
4.Reissue:
*If an issued patent is found to be defective, then the patent owner can
surrender the patent and refile the original application to correct the
defect. One such defect is that the issued patent fails to claim the full
scope of the invention. Thus an inventor can resubmit the patent application
with broader claims and attempt to get the full coverage they are entitled
to. They are not, however, allowed to add new features to their invention.
*A reissue application that attempts to get broader coverage than the
original issued patent must be filed within two years from the grant date of
said original issued patent.
Filed under: Patent basics
Continuing patent application is a patent application which follows, and claims priority to, an earlier filed patent application.
These types of patent applications include “continuation”, “divisional”,
“continuation in part”, and “reissue”.
1.Continuation:
A “continuation application” is a patent application filed by an applicant who wants to pursue additional claims to an invention disclosed in an earlier application of the applicant (the “parent” application) that has not yet been issued or abandoned. The continuation uses the same specification as the pending parent application, claims filing date priority of the parent, and must name at least one of the same inventors as in the parent.
This type of application is useful when a patent examiner has allowed some but rejected other claims in an application, or where an applicant may not have exhausted all useful ways of claiming different embodiments of the invention.
2.Divisional:
*Divisional applications are generally used in cases where the parent application may lack unity of invention; that is, the parent application describes more than one invention and the applicant is required to split the parent into one or more divisional applications each claiming only a single invention.
*A divisional application need not name any of the inventors named in the parent application.
*This type of application is often the result of a “restriction requirement” by an examiner, because a patent can only claim a single
invention.
3.Continuation-in-part:
*An application (also called CIP) that is filed when a new improvement is conceived after filing of the original application.
*The CIP thus contains the original filed invention and the newly claimed invention, and has atleast one common inventor as named in the parent application.
*This is a convenient way to claim enhancements developed after the parent application was filed.
*Material in common with the earlier application has the original application’s filing date and new material has the filing date of the CIP.
4.Reissue:
*If an issued patent is found to be defective, then the patent owner can surrender the patent and refile the original application to correct the defect. One such defect is that the issued patent fails to claim the full scope of the invention. Thus an inventor can resubmit the patent application with broader claims and attempt to get the full coverage they are entitled to. They are not, however, allowed to add new features to their invention.
*A reissue application that attempts to get broader coverage than the original issued patent must be filed within two years from the grant date of said original issued patent.
Filed under: Patent basics
People research to find new things or invent something useful for the future world. The sentence is easy to read or say but it is involves lot of hard work, dedication and struggle to get the results. These results needs some ownership as the hard work need not to be wasted with a one time copy of his work. There need to be some way to protect the invention. The best way to protect his invention is Patent. It gives substantial rights to the owner of the invention but not the complete rights. Here substantial me he can’t stop 100% to use his invention. Like if someone invented a vaccine for AIDS though he got patent on it he needs to definitely sell the rights to other people to make use of the invention. So, patent is a substantial protection of the invention but not complete.
Filed under: Patent basics
Def:
Design patents protect the design of any novel invention with proper utility. We can protect the visual characteristics through this design patents. Some of the examples of design patents include: Ornamental designs of jewelry, furniture, beverage containers and computer icons.
Life span:
The life time of the design patents is 14 years which is 6 years less than the utility patent.
Structure:
The design patent, by contrast, relies primarily upon the drawings to communicate what is protected. The design patent has only one claim. United States Design patent application will include a transmittal, a specification, drawings and a declaration.
First US design patent:
George Bruce was awarded the first design patent, U.S. Patent D1 . The design patent was for a new font.
US classification:
Classification of design patents is based on the concept of function or intended use of the industrial design disclosed and claimed in the Design patent.U.S. Design patents are classified into 33 classes.
More details
FAQS
Filed under: Patent basics
1.Division-A later application for a distinct or independent invention, carved out of a pending application and disclosing and claiming only subject matter disclosed in the earlier or parent application.
2.Continuation-A second application for the same invention claimed in a prior nonprovisional application and filed before the original application becomes abandoned or patented.
3.Continuation-in-part(CIP)-A second or subsequent application being filed, which includes new material while the original application is pending.
Filed under: Patent basics
Patent consist of original owners and any owners to whom the patent may have been reassigned. The reassignment data of the patents is generally provided in Legal notices(section) with in the patent.
Filed under: Patent basics
There are mainly three types of applications under patent family namely-
Division-Results when a patent office decides that an application’s claims are too broad for a single patent and splits the application into divisional applications, each claiming a different invention.
Continuation-Results from a second or subsequent application being filed while the original application is pending.
Continuation-in-part(CIP)-Results from a second or subsequent application being filed, which includes a new material, while the original application is pending.
Filed under: Patent basics
Patentable:
A new product or process, involving an inventive step and capable of being made or used in an industry. It means the invention to be patentable should be technical in nature and should meet the following criteria -
i) Novelty : The matter disclosed in the specification is not published in India or elsewhere before the date of filing of the patent application in India.
ii) Inventive Step: The invention is not obvious to a person skilled in the art in the light of the prior publication/knowledge/ document.
iii) Industrially applicable: Invention should possess utility, so that it can be made or used in an
industry.
Non-patentable:
The following are Non-Patentable inventions within the meaning of the Act: -
(a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws;
(b) an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;
(c) the mere discovery of a scientific principle or the formulation of an abstract theory (or discovery of any living thing or non-living substances occurring in nature);
(d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or mere new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant ;
Explanation- For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy.
(e) a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
(f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
(g) a method of agriculture or horticulture;
(h) any process for the medicinal, surgical, curative, prophylactic,diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.
(i) plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
(j) a mathematical or business method or a computer programme per se or algorithms;
(k) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;
(I) a mere scheme or rule or method of performing mental act or method of playing game;
(m) a presentation of information; (n) topography of integrated circuits;
(o) an invention which in effect, is traditional knowledge or which is an aggregation or duplication
of known properties of traditionally known component or components.
(p) Inventions relating to atomic energy and the inventions prejudicial to the interest of security of
India.
Reference
Filed under: Patent basics
For the people who need to understand or go through the Indian patent law. Here is the site where you can get the total information. The information is monitored and updated by Indian patent office.
Click here-Indian Patent Information
Filed under: Patent basics
1.Patent protects the ideas but Copyright protects the expression of ideas.
2.Patent protection is stronger than Copyright.
3.Modifications in the existing art can be protected using Copyright but may not be possible using patents.
4.All softwares can be protected using Copyright but not possible using Patents.