What is a Patent, a Document or a Technology?

Just to start with, patent drafting can cost you from INR 40,000/- to INR 1,50,000/- in India, USD 4,000/- to USD 10,000/- in Europe, USA, Canada, and most of the developed countries outside. Drafting and prosecution cost is much high than the government fees, WHY?

Can a non-patent professional draft a patent, YES. Then why to spend so much.

This question brings us back to the basics:

What is patent?

As a layman I can say, my technology is protected by a patent, correct.

So what is protected?

Technology or the document containing the technology?

Basically it starts with the technology, the patent document is drafted to protect the technology in such a way that:

1. No one copies your technology,
2. No one can get around your technology by doing minor modifications, and
3. To create an infringement trap for other, border the claims border the trap.

Yes, the patents are drafted for protecting the invented technology, but the patent documents submitted in black and with the patent office cover border area, protecting things beyond your technology.

Now its no more a technology, its a document defining what is protected and what is not. Therefore, drafting of a patent is totally different from drafting a technology description. Some practitioners falsely refer to the patent drafting as an art of writing technology in complex way. Rather I would say, the patent document should be written in such a way that any person with ordinary skills in the domain should understand it just by reading. This is also one of the requirement of the patent act’s globally, which is referred as “Enablement” Read more

Expediting Patent Grant – A long Pending issue

Since the Indian Patent act was amended in the year 2005 complying with international law and for making international filing easy, the number of patent filed in India started rising gradually. As on date around 50-60 thousand patents are filed collectively in all four office in India. Before 2013 recruitment of examiner, the number of examiners and controllers collectively in all four offices were not more then hundred. Around 250 examiners were recruited in the year 2013. Most of these examiners after been trained by using government fund left the job due to attractive packages office by companies and patent firms.

Therefore, the deadlock which was for about 1lakh patents has risen to 2.46lakh and more as on date. We tries to look around to see how patents are been proceed in other countries in such a short time. What we found was that in most of the countries the examiners are in thousands, where we have still in hundreds. Adding to the existing burden, in 15 October, 2013 Indian Patent Office starts functioning as International Searching Authority and International Preliminary Examining Authority. The same bunch of examiners is used for conducting PCT Searches and Examination. No separate recruitment is made. This has further burdened the examiners and numbers of patents in the deadlock is rising. Still patents applied in 2010 are not been examined.

Recently an advertisement by the Indian patent for the recruitment of patent 493 examiners July 2015 consequently after intervene by our Mr. Primer Minister second consequent advertisement was published on 12th Oct. 2015 for the post of 263 examiner. So far the recruitment procedure is still on and no one is still on board.
Countries like China, USA and the like have more then 8,000 to 10,000 examiners. This is a reason why they can grant the patents in maximum 1.5 year from the date of filing.

These efforts made by the Indian Patent Office still seems to be a shortfall. Keeping the hopes alive and with huge expectation from these examiner, we expect some lesser delay for grant.