Shruti Bhat PhD, MBA, Lean Six Sigma Black Belt
  • Home
  • About Shruti
  • Consulting
  • Workshops
  • Patents
  • Articles
    • Case Studies
    • Innovation Portfolio Development & Patents
    • Drugs-in-the- making
    • Culture Change & Business Transformation
    • Operational Excellence, Quality & Continuous Improvement
  • Books
  • Digital
  • Blog
  • Videos
  • Contact

Transform your business with an effective patent strategy

10/10/2022

0 Comments

 
transform your business with an effective patent strategy
Successful business transformation can be achieved via multiple ways, one of such promising way is to create and implement effective patent strategy. The patent strategy shall aim to increase topline and bottom line of the business.
 
In this post, I shall touch upon few different types of patents, when and how can they be filed and what benefits do they offer to a business.
 
What are the different types of patents?
 
There are several types of patents. These include Utility patents, Design patents, Plant patents, Business method patents, Divisional patents etc. Utility patents generally cover a new machine, process, or composition of matter. These patents are typically the most common types of patents and represent 90% of all patents. A good example of a utility patent is a new type of wheel that can be used on a car. In addition, these patents often cover methods of using that wheel.
 
Utility patents
 
Utility is one of the main requirements for securing a patent. An invention must provide a benefit in some way, and it must be capable of being used to achieve that benefit. Otherwise, the invention is useless.
 
The invention can be either an improvement on a machine or composition, or an entirely new and useful thing. In order to be eligible for a utility patent, the invention must be useful, novel, and nonobvious. To obtain a utility patent, the invention must be new and useful to an existing or future user of the product or process.
 
Utility patents are complex, and require technical expertise, so it's a good idea to hire an intellectual property attorney to assist applicants in filing the application.
 
Utility patents are important for businesses and inventors who want to protect their inventions. These types of patents grant inventors rights to their creations and teach the public how to reproduce them. To obtain a utility patent, an inventor must meet strict requirements and submit an application that follows formal guidelines i.e. patent law. The application should wherever possible, include drawings, equations, pathways etc. that demonstrate the invention's functionality, a detailed description of how it works, and enough details to reproduce the results.
 
Utility patents are the most common type of patents and are often the first ones people think of when they hear the word "patent." A utility patent is an excellent option if you think your invention is useful and innovative. There are five major types of utility patents, and each has a unique definition. Utility patents cover a wide range of inventions and applications, including machines, manufacturing processes, formulae and compositions of matter etc.
 
Utility patents are among the most valuable assets in the world and are very costly. Pursuing one can seem daunting at first, but the process can be accomplished step by step. Utility patents protect a new product, process, or machine and can grant a patent holder exclusive commercial right for up to 20 years.
 
Design patents
 
Design patents are a form of intellectual property that protects an individual's unique design from copycatters. They are more easily obtained than utility patents, but the application process is lengthy. In order to be eligible to receive a design patent, applicants must submit detailed drawings of their inventions to the patent office. The drawings should show the invention from multiple angles. In some cases, black and white photographs can be used in place of drawings if they are the only means by which the inventor can fully illustrate his or her invention. The term of a design patent is 15 years from the date of grant, and in the US design patents do not have maintenance fees.
 
As with utility-based patents, however, design patents should be limited to functional aspects of the design and should not impede the invention of competitors. The purpose of design patents is to protect design elements that enable the inventor to control a product's functionality. However, partial claiming should not be allowed, as it contradicts the design patent system's intended social function.
 
In the fashion industry, design patents often concern ornaments and applied decorations. While this is the most common instance of design patents, the term is broad enough to encompass a variety of surface designs. For example, a patent can protect the shape of a computer mouse, or a cup that uses a dragon handle.
 
A design patent protects the ornamental appearance of an article. The ornamental appearance may be a pattern on the front or a unique shape. This protection is not required for the actual function of the article. This makes it easier to patent and enforce, and it is particularly useful if the inventor/patent owner contracts a manufacturer to produce the item.
 
A design patent is a valuable piece of intellectual property. It can be used to protect a product's design, including the shape or color arrangement. It cannot protect the functionality of an item because unlike utility patents, design patents do not require the invention to be functional.
 
Plant patents
 
Plant patents are legal protections given to new varieties of plants. The 1930 Plant Patent Act made it possible for plant breeders to patent new varieties. This act excluded tuber-propagated and few other types of plants, but otherwise allowed the patenting of new plant varieties.
 
To be patentable, a plant must be newly discovered in a cultivated area or have a distinctive property. It must not have previously been patented, sold, or described in the public. Furthermore, the plant must have been discovered or cultivated within a predetermined geographic region. A plant patent will protect the inventor's plant invention from competitors and provide protection during a predetermined period of time.

In order to qualify for a plant patent, it must have an exceptional contribution to the plant industry. This should be evident in its commercial or performance value or benefit for the consumer. Patented varieties should also have a market that is suitable for their introduction. This could mean higher royalty rates and the need for new product development and marketing processes.
 
Before filing a plant patent application, you must consult with an experienced patent attorney in your area. The patent attorney you choose should be registered with the patent office. A patent application may contain introductory portions describing the inventors and claimed plant. However, it is best to consult with the patent office before filing your application.
 
A plant patent can protect an innovative plant variety by preventing others from using, selling, or reproducing it. In addition, a plant patent can enable the inventor to lock in higher profits during the patent period.
 
A plant patent must be filed within a year after the plant first became available or was first publicly known. Public knowledge of a plant is generally presumed to be first obtained by publication or internet.
 
Business method patents
 
A business method patent is a type of patent that discloses a new way to do business. These inventions can include for example, new types of banking, insurance, anti-fraud ATM machine and e-commerce. They can even involve tax compliance. In addition to new methods, business method patents can cover new ways to collect and manage taxes.
 
Before you can apply for a business method patent, you must write a complete description of the method you want to patent. The description must include the method or system that you are trying to protect, as well as any central control or components. The software used to perform the method should also be described in detail. Flowcharts are particularly helpful in demonstrating how the invention works. It is also helpful to include a copy of software code to demonstrate its core functionality.
 
A business method patent can be challenged for invalidity. Under the US patent law, a challenger has nine months to challenge the patent. In order to win, a challenger must prove that at least one of the claims in the patent does not qualify for protection and that the patent raises a novel legal question. However, the challenger cannot use this basis for review later in an infringement or declaratory judgment action.
 
Business method patents are a common way to protect intellectual property. While a 2010 Supreme Court case threatened the viability of business method patents, some companies rely on them heavily to protect their intellectual property. If you have a business method patent, you may be eligible for a license. There are many factors that will determine if you can license the method.
 
While business method patents may be challenging, they are also lucrative and can be a great source of income if one knows how to file the application correctly. 
​
In order to obtain a business method patent, you must follow the same steps as filing a utility patent. First, you must include a detailed description of the process and its benefits. Second, you must explain why your invention is better than your competitors.
 
Divisional Patent Application
 
A divisional patent application is a patent application that contains the subject matter of a previously filed application. This previous application is called the parent application. Know more about divisional patent application here.
 
Applicants may file a divisional patent application for many different reasons. Some applicants seek to protect subject matter beyond the scope of the original patent claims, while others wish to protect a larger portion of their invention. Sometimes, they may amend claims to achieve a faster grant of the patent. Another common reason for filing a divisional patent application is to add protection for subject matter beyond the scope of the parent's patent claims.
 
An applicant may also file a divisional patent application to limit the activities of a known competitor. If the applicant has a parent patent application that contains claims directed to their own product, it can file a divisional patent application seeking protection for the features of the competitor's product. This can put the applicant in a better position to negotiate with the competitor.
 
The divisional application is distinct from the parent application and must be filed before the parent application issues a notice of grant.
 
Divisional patent applications cover all aspects of an invention. If the parent patent application is a PCT application, then countries designated in the parent patent application must also be designated in the divisional patent application. However, the divisional patent application should not be filed if the parent patent application does not contain these (country) designations.
 
Another reason to file a divisional patent application is to protect multiple inventions. In some cases, the patent examiner may rule that one application is eligible for more than one invention. In such a case, the patent office may issue a restriction requirement in order to avoid multiple applications for the same product. The parent application must only contain one invention, and if there are several inventions, the divisional patent application should focus on all the inventions of the original patent.
 
Knowing the different types of patents, when and how must they be filed is critical not only for protecting the invention, but also for business expansion and growth. Therefore, designing the right patent strategy is key to effective business transformation / business turnaround.

Disclaimer: The content given on this blog is for educational purpose and not legal advise. Never self-handle patent suits. Always consult a registered patent attorney for any advice on patent matters.

Related Reading:
  1. Top Ten Strategic Decision-Making Tools for Operational Excellence
  2. ​How to cut costs strategically using Kaizen
  3. Top 30 Continuous Improvement Tools
  4. Top 10 Change Management models

Follow Shruti on Twitter, Facebook, YouTube, LinkedIn

Categories:  Patents

Keywords and Tags:
#BusinessTurnaround #OpEx #operationalexcellence  #patents  #divisionalpatents #utilitypatents #plantpatents #businessmethodpatents  #designpatents  #businesstransformation
Get In Touch
0 Comments

What Is Divisional Patent Application?

10/8/2022

0 Comments

 
what is divisional patent application
A divisional patent application is a type of patent application that claims the subject matter of a previously filed application. This prior application is known as the parent application.
 
But the divisional application is a separate patent application which is divided from an original application where the original patent application describes more than one invention. The divisional application benefits from the same filing date as the original application.
 
A divisional patent application can contain as much or as little of the parent application as the patent owner desires. This type of patent application is generally much faster to process than a normal patent application.
 
A divisional patent application can be used to cover a wide range of subjects and inventions. It is not a separate application that claims new subject matter, but it can include claims that are specific to the invention described in the parent application. This type of patent application is more useful when there are multiple ideas involved, such as when a single invention is not sufficient to cover multiple ideas.
 
A divisional patent application may be filed at the same time as its parent application. A divisional application cannot be filed if the parent application is granted, or if it is abandoned beyond the period of reinstatement. A divisional application may be filed after the parent application is refused, if it is filed within the time prescribed in the Patent Rules.
 
The date of priority for a divisional application is the same as that of the parent application. The patent term of a divisional patent is 20 years from the date of the parent application. However, a divisional patent application may be filed more than once.
 
The patent applicant may receive the same or similar objections as the parent patent application. The applicant may choose to argue against them or make amendments.
 
A divisional patent application can also be used to create a patent portfolio of different viewpoints on the same invention, making it more difficult for competitors to copy or design around the invention. In addition, a divisional patent portfolio may be a great tool for attracting new investors and obtaining public funding.
 
It is found that the  patent examining authority usually is inclined to view divisional patent applications more liberally but that does not mean it is giving applicants a license to apply for divisional patents without discretion. This will influence how patents are drafted and prosecuted. It will also impact the quality of patent applications.
 
A divisional patent application is often filed as a continuation patent application if a parent patent application already contains more than one invention. This allows one inventor to get a patent right for one invention, while allowing the other inventors to obtain patents for a separate invention. But the examiner may feel that a certain portion of the claims should be assigned to another invention. If this occurs, the inventor must file a divisional patent application for the other elements.

Another type of divisional patent application is a continuation-in-part (CIP) application. It is provided under US patent law.
 
A continuation-in-part application is a type of divisional patent application, but it adds aspects of the invention to the parent application. A CIP application has subject matter not disclosed in the parent application but repeats a substantial portion of the parent’s specification and shares at least one inventor with the parent application. The CIP application  inherits the priority date of its parent application for all material in the original disclosure but allows the inclusion of new matter with a new priority date attached to it.
 
I shall be discussing other types of patents in separate posts; do check them out.
 
Knowing the different types of patents, when and how must they be filed is critical not only for protecting the invention, but also for business expansion and growth. Therefore, designing the right patent strategy is key to effective business transformation / business turnaround.

Disclaimer: The content given on this blog is for educational purpose and not legal advise. Never self-handle patent suits. Always consult a registered patent attorney for any advice on patent matters.

Related Reading:
  1. Top Ten Strategic Decision-Making Tools for Operational Excellence
  2. ​How to cut costs strategically using Kaizen
  3. Top 30 Continuous Improvement Tools
  4. Top 10 Change Management models

Follow Shruti on Twitter, Facebook, YouTube, LinkedIn

Categories:  Patents

Keywords and Tags:
#BusinessTurnaround #OpEx #operationalexcellence  #patents  #divisionalpatents #CIPapplications
Get In Touch
0 Comments

How to Handle Patent Infringement

10/7/2022

0 Comments

 
how to handle patent infringement
There are several ways to deal with patent infringements. These options can include using a third-party mediator to solve a disagreement, taking the infringer to court, or using a claim chart to determine whether someone is infringing your patent. These options are not for every situation.
Avoiding patent infringement
 
If you want to avoid patent infringement, you need to carefully monitor competitors' products and developments. Some patent holders use third-party surveillance services. Watching competitors' products and upcoming technologies is vital to patent protection, and it will save you time and money in litigation. However, in order to win a patent infringement lawsuit, you must prove that the competitor infringed your patent. While there are some ways to do this, it's best to hire a patent attorney or patent agent.
 
During the product development process, you should review existing patents for any similarity. This process should start during the product concept stage, before prototype development. This is because patents can protect new features that are similar to existing ones. When you identify the high-risk features early in the development cycle, you can design your product around them, eliminating the risk of patent infringement.
 
Identifying patents and competitors' products early in the development process is essential to minimize the risk of infringement. By researching existing patents for the technology your company plans to use, you can eliminate potential products with patent issues. Performing a patent infringement search in the United States Patent Office is an important step in identifying potential competitors.
 
While ignoring patents may be tempting, ignoring them will only make the situation worse. In some cases, the consequences can be disastrous. Depending on the outcome of the lawsuit, a company may have to pay a hefty sum or even abandon the entire project. It can also result in the destruction of the product. In addition, a legal battle can be time-consuming and expensive. Furthermore, you risk losing your investment in the process.
 
Avoiding patent infringement litigation is not easy, but it is possible. Patents are a powerful way to protect new ideas. However, you need to keep up with the work required to maintain them. If you're not proactive, your patent will be invalidated, and anyone can steal your ideas.
 
Using a third-party mediator
 
When patent infringements are a source of conflict, using a third-party mediator to settle the dispute may be an attractive option. This alternative method often results in an efficient and inexpensive solution for both parties. Instead of wasting time and money on formal litigation, patent infringement discussions may lead to a settlement that includes a lump sum payment to the patent owner in return for releasing all infringement claims. In some cases, the patent owner will receive royalties or even a position within the company.
 
Another benefit of using a third-party mediator to handle patent disputes is that it offers near-ironclad confidentiality. This confidentiality is especially valuable in patent cases, where prior license/settlement negotiations may become relevant to patent enforcement actions and patent damages statutes. Furthermore, the use of a third-party mediator can facilitate a more efficient, innovative process, which may result in the optimal outcome for the patent holder.
 
While patent mediation can result in a favorable settlement for patent infringement cases, it is important to remember that it has limitations. It is still better to go through the traditional court system if the stakes are high. The costs associated with litigation are typically higher, but the rewards can be far greater than the downsides.
 
Using a claim chart to check for infringement
 
The first step to determining whether a patent is infringed is to use a claim chart to assess the obviousness of the accused product. A claim chart includes a left-hand column and a right-hand column. The left-hand column serves as a template, while the right-hand column contains material from the accused product and prior art.
 
Claim charts are commonly presented in two-column, or "claim"-style tables. Each row in the claim chart contains a claim element. The right-hand column lists any references to prior art or other evidence. The purpose of the claim chart is to determine whether the accused product uses the claimed invention.
 
A claim chart author may mistakenly assume that all claims are the same and will dump the material from a claim chart for claim 1 into claim charts for claims 6, 11, and 15. This is contrary to the Claim Differentiation rule, which states that all claims refer to the same invention, but they are presumed to have different scopes. The same is true for method claims, which may have a different direct infringer, triggering issues of indirect infringement by inducement.
 
Claims charts are commonly used in patent infringement litigation, and they are useful in comparing patent claims. They present evidence of use and prior art, as well as mapping the limitations of each claim to the elements of the competing products. In some cases, claim charts are even used to determine patent infringement.
 
Claims are the foundation of a patent, and it's imperative to understand them. When comparing a claim chart to the prior-art patent, the claims are the key to determining whether it is valid or infringed. If a patent is valid, it can be worth millions of dollars.
 
Using a venue shopping strategy
 
Patent trolls often use a strategy known as venue shopping to determine which court will be most favorable to their case. This strategy involves looking at past cases to determine whether a particular district has a favorable record on patent cases. If successful, a plaintiff can seek damages, including an injunction, lost profits, and reasonable royalties. In order to prove these damages, the plaintiff must show a real financial loss.

Patent plaintiffs may also rely on the second prong of the venue statute, which allows a plaintiff to bring a patent infringement lawsuit in a district other than the defendant's state of incorporation. This provision has been interpreted broadly by courts but is likely to be limited as courts apply the narrower Supreme Court test.
 
As with any venue shopping strategy, it is crucial to file your objection to venue early. In many cases, it is best to raise venue objections as part of your first motion. This can help you avoid unnecessary delays.
 
Disclaimer: I don’t recommend venue shopping strategy. It is mentioned here for information purpose only. If you must deal with patent-related cases, then do so as per the procedures prescribed in the patent law. Also, content given on this blog is for educational purpose and not legal advise. Never self-handle patent suits. Always consult a registered patent attorney for any advice on patent matters.
Related Reading:
  1. Top Ten Strategic Decision-Making Tools for Operational Excellence
  2. ​How to cut costs strategically using Kaizen
  3. Top 30 Continuous Improvement Tools
  4. Top 10 Change Management models

Follow Shruti on Twitter, Facebook, YouTube, LinkedIn

Categories:  Patents

Keywords and Tags:
#continuousimprovement #OpEx #operationalexcellence  #patents  #howtohandlepatentinfringements
Get In Touch
0 Comments

How to invalidate a patent?

10/6/2022

0 Comments

 
how to invalidate a patent
US Supreme Court turned away Biogen's appeal of a lower court's decision to invalidate the patent in a ruling that helped clear the way for Mylan's generic version of Tecfidera. (Reuters News Oct 3, 2022).
 
If you’re into research or patenting, then regardless of the industry sector you belong to, patent invalidations, circumventing patents and dealing with patent infringements are some common challenges you face/overcome. In this post, I shall touch upon how to invalidate a patent.
 
Patents are an integral part of new product development. If your product is novel, you like to patent it to gain market exclusivity and protect your invention from copying. While, as a developer, you must ensure that product development happens by circumventing all enforced patents (and in compliance to regulations).
 
But if you believe that a patent is invalid, then patent law provides several grounds to invalidate it. These grounds can be either Prior art or Statutory. It can also be a case where the examiner missed a key excerpt. In some cases, analyzing references can prove to be useful in invalidating the patent.
 
How to Find Patent Invalidation?
 
Prior art
 
Prior art is one of the factors that can lead to patent invalidation. Generally, it is more significant in technical fields that are hard to predict. The closer the prior art is to the invention, the more likely it will be deemed a valid prior art. However, there are a few other factors that must be considered to decide if the prior art is valid.
 
One of the most important factors in determining whether prior art is relevant is the date of publication. Most patent offices perform their search several months after a patent is filed, but web pages can change or be removed after that time. Thus, it is important to make sure you have selected the most appropriate prior art.
 
Tip: There is no such thing as a ‘world patent’ or ‘world patent law’. Patents are territorial rights and each country awards patent right based on the patent law of that land.
 
Prior art can be described in a patent, a published patent application, or a printed publication. According to AIA 35 U.S.C. 102(a), a patent or a published patent application must have disclosed the claimed invention in a prior art document.
 
An individual or an entity can proceed to invalidate patents, although the high cost of patent invalidation might be a deterrent for individuals. A patent can be invalidated by identifying relevant prior art. Prior art can be either a publication or a patent that has been issued within a year prior to the patent application filing date. However, if the prior art is published before the application filing date, the date of publication must be earlier than the patent application filing date.
 
Prior art can be any document that was published or in public domain prior to the invention. Even if the document is not widely circulated, it still counts. Furthermore, the publication must be accurate. If the document was published in a journal, but did not have a catalog, it would not be considered as prior art.
 
An enabling document must provide sufficient details to enable a skilled person to practice the invention. A science-fiction novel, for example, may describe the invention, but not provide sufficient information to allow the average person to practice it. A television series featuring a transporter might describe the invention but never explain how it worked.
 
Invalidation is not an easy process. Fortunately, there are several ways to challenge a patent. You can file a post-grant opposition or appeal or perform a patent invalidity search. While it may sound simple, the process is difficult and complex. If you are seeking to invalidate a patent, it is important to learn as much as you can about the prior art. It will save you time and money.
 
Finding relevant prior art that can invalidate a granted patent requires an exhaustive search. A limiting search strategy or relying solely on 102(b) references can miss valuable prior art. Using the techniques described in this blog, you can ensure the most comprehensive search results.
 
Statutory grounds to invalidate a patent
 
If you are facing a patent infringement case, you should be familiar with the various ways to invalidate a patent. In the first instance, you can file a declaratory judgment suit to declare the patent invalid. If you are unsuccessful in proving the validity of a patent, the next step would be to file an appeal with the Patent and Trademark Office.
 
In order to invalidate a patent, you must prove that the same or similar invention was in use before the date of application. Furthermore, you must prove that your invention is useful and is not obvious to another individual. Otherwise, you must prove that you are the first one to come up with this invention.
 
Another way to invalidate a patent is to present prior art that has been publicly available. This prior art can include a prior publication or a patent that has been in use for at least one year before the date of your application. Depending on your situation, you can use either a publication or a patent if it is more relevant.
 
Note that, information presented at conferences or meetings can be considered as prior art. Therefore, presenters must always seek legal clearance before going ahead with talks or poster at exhibitions, seminars etc.
 
While there is no absolute way to invalidate a patent, there are some exceptions to the rule. In some cases, an individual can show that a central concept of a patent was anticipated. In other cases, a patent may be valid if the central concept was already well known or was a combination of known ingredients.
 
If you are unable to prove that you have a good idea, you should not submit an application for infringement. Patent law is based on disclosure and notice, so if you fail to provide these, you will not have a valid patent. It is also important to note that a patent is only valid if it is described in a clear and unambiguous manner.
 
The term of a patent is clearly defined in the statute. This date is critical for the purpose of any patent invalidation contest. Patents expire under two conditions, first-after it completes its full term and second- if the yearly patent fee for the length of the term is not paid (by the patent holder) in time as stipulated by the patent law.
 
The term of a patent expires 20 years after its application date. Thus, a patent cannot be invalidated if it has not been used for twenty years.
 
Once a patent has been granted it may not be revoked or invalidated by a competent authority (patent office, court, appeal body etc) either totally or in part on the ground of non- compliance with formal requirements, however, it may be revoked or invalidated on a matter of substance.
 
Searching the file wrapper
 
When conducting a search for patent invalidation, it is important to review all information in the file wrapper. This file contains all documentation and communications related to the application. It can provide valuable competitive intelligence, including the examiner's search strategy and notes from the examiner's interviews. In addition, file wrapper documents can be useful for scientists and technical experts who want to understand the uniqueness of a technology.
 
The file wrapper is the history of the patent application process. It may be years old and detail every step of the process, including the correspondence between the examiner and the applicant. It can also reveal aspects of the technology that legal counsel could use to refute. Patent drafters also rely on the file wrapper as a guide.
 
File wrapper information also contains citations, which are documents that are cited against a targeted patent. This information can help the analyst determine which references are used against a patent and which claims are missing. Another important part of the file wrapper is the date restriction. This helps the analyst identify prior arts and prior right cases that are relevant to the targeted patent.
 
Patents can be valuable sources of information about technology, product, and market. File wrappers contain valuable legal and technical information, and the process of patent application analysis is essential for obtaining these documents. Most innovators believe that the patent issued to them will give them exclusive rights over their products or services. This is not necessarily the case, however. It is possible to invalidate a patent based on its file wrapper.
 
If you're planning to file for a patent invalidation case, it is important to understand the process and the results. The patent invalidation process is complex and requires a thorough approach. However, it is also essential to be aware of the limitations of the process. For example, some cases can be difficult to find, and this is where a team of experts can prove useful. If the search doesn't turn up any patents, it may be time to abandon the lawsuit.
 
As the technology landscape continues to evolve, the global competition amongst organizations has become fierce. In order to remain competitive, organizations must invest in continuous technological innovation. This requires large sums of capital, which only large companies can afford. Smaller organizations are left out unless they can afford these enormous costs. An invalidity search can give them the advantage over competitors that don't have the financial resources to make such expensive investments.
 
An invalidity search is similar to a general prior art search, but it has a much more specific goal. The goal is to determine whether any prior art references exist that invalidate the patent. This research is also helpful in determining the strength of the granted claims.

Continuous Improvement of patenting process
 
Broadly there are two parts of any patenting process- (i) Internal and (ii) External.
 
The internal process as the name suggests is internal to the organization, while the external process involves patent office, legal experts, courts etc.
 
The internal process by and large determines the quality of your patent. For example- how was the product developed? Was a thorough review of enforced patents and prior art around the topic done before embarking product development? How was the patent drafted? What are the claims? etc.
 
If you ensure that all internal processes underlying prior art review, product development and patent drafting are relevant, then you can be reasonably assured that invalidating your patent will be way-too-difficult. 

Furthermore, infringing such a patent will also be way-too-difficult.
 
The aim of any patent holder is to retain monopoly of the patent to its full term and to stop/ prevent its copying.  Both can be achieved by installing a culture of continuous improvement.
 
Kaizen, ISO, Lean Six Sigma are few common process improvement techniques, though I would recommend Kaizen because of its adaptability and profitability.
 
What do I mean by adaptability? See, patenting already involves patent laws. In certain sectors such as pharma, aviation, electronics, food, healthcare etc. product development is regulated. Therefore, choosing a continuous improvement method which can gel into any situation, laws, business sector, size, type of problem at-hand etc., is a big boon for success.
 
Kaizen has maximum adaptability quotient amongst all continuous improvement methods. Moreover, Kaizen implementation requires minimal expenses, hence it is very affordable to small businesses or even startups. Also, Kaizen implementation gives maximum ROI. 
​

Disclaimer: The content on this blog is for educational purpose and not legal advice. Never self-handle patent suits. Always consult a registered patent attorney for any advice on patent matters.
​
​
​Related Reading:
  1. Kaizen for pharmaceutical, medical device and biotech industries​
  2. Top Ten Strategic Decision-Making Tools for Operational Excellence
  3. How to cut costs strategically using Kaizen
  4. Top 30 Continuous Improvement Tools
  5. Top 10 Change Management models​

Follow Shruti on Twitter, Facebook, YouTube, LinkedIn

Categories:  Patents | Continuous Improvement

Keywords and Tags:
#Patents #Biogenpatentinvalidationcase  #Mylanpatentinvalidationcase #Tecfidera​ #howtoinvalidatepatents
Get In Touch
0 Comments

Kaizen For Cost Reduction - A Continuous Improvement Case Study

11/28/2018

0 Comments

 

Learn how to use Kaizen to manage intellectual property and reduce patent filing costs by 20% or more.

Although this work was conducted in Pharmaceutical & Biotech Industries, the case study findings can be applied to improve patenting process in any company, across all industry sectors ...

​To learn more about how Shruti can help your organization achieve new heights or to book a Workshop, Contact Dr. Shruti Bhat via Form or WhatsApp

Follow Shruti on Twitter, Facebook, YouTube, LinkedIn 

#Lean #ContinuousImprovement #Kaizen  #BusinessProcessManagement  #ServiceIndustry    #LifeSciences  #Food 
0 Comments

7th Canadian Patent on Statin Dosage Form Awarded to Dr. Shruti Bhat

1/5/2017

0 Comments

 

Received 7th Canadian Patent. With this my patent tally as a successful Inventor hits 30!

This takes my life goals achieved tally to 73!

Thank you Universe for your continued blessings …

Canadian patent on atorvastatin awarded to dr Shruti Bhat
Follow Shruti on Twitter, Facebook, YouTube, LinkedIn
#DrShrutiBhat  #Success #HallofFame   #ContinuousImprovementLeader​
0 Comments

India nixes Pfizer's patent on cancer drug

12/28/2012

0 Comments

 
The Indian patent office yanked Pfizer's patent on the kidney cancer drug Sutent. The move was a victory for  local drugmakers Cipla and Natco Pharma, which legally protested Sutent's patent protection.

Pfizer plans to appeal the decision. But in doing so, it will join two of its Big Pharma brethren who've so far been unsuccessful. Bayer fought back when India forced it to license its cancer drug Nexavar to Natco, allowing the domestic drugmaker to launch a much cheaper copy. It was the Indian government's first compulsory license, allowed in certain circumstances under World Trade Organization rules.

And Novartis has been fighting for patent protection for its cancer fighter Glivec for years. The case wended its way to the country's Supreme Court.
​Follow Shruti on Twitter, Facebook, YouTube, LinkedIn
#Stutent
0 Comments
<<Previous
    Shruti Bhat, global leader in business turnaround, operational excellence and continuous improvement

    New Book Released!

    top ten strategic decision-making tools for operational excellence

    Shruti's YouTube Channel ...

    Picture

    Blog Categories

    All
    3D Printing
    5S
    Agile
    Artificial Intelligence
    Automation
    Balanced Score Card
    Biotechnology
    Books
    Business Turnaround
    Case Studies
    Change Management
    Chemical Industry
    CMMI
    Continuous Improvement
    Design Thinking
    Digitalization
    Drug Delivery
    External News Links
    Food Industry
    Hall Of Fame
    Healthcare
    Hoshin Kanri
    HR Development
    Innovation
    ISO
    Just In Time
    Kaizen
    Leadership
    LEAN
    Lean Six Sigma
    Life Sciences
    Machine Learning
    Manufacturing
    Medical Devices
    Mistake Proofing
    Motivational Cards
    Nanotechnology
    Operations
    Packaging
    Patents
    Personal Products
    Process Improvement
    Product Development
    Productivity Increase
    QbD
    Quality Management
    Robotics
    Scrum
    Service Industry
    Six Sigma
    Strategy
    Supply Chain Logistics
    Telecom Industry
    TQM
    Videos
    Voice Of Customer
    Workshops

    Shruti's books...

    Picture
    shruti bhat, business process management, continuous improvement
    kaizen for pharmaceutcials, medical devices and biotech industry book by Dr Shruti Bhat
    Book on Continuous improvement tools by Dr Shruti Bhat
    kaizen for leaders, continuous process improvement tool to increase profit and organizational excellence by shruti bhat
    kaizen, shruti bhat, continuous improvement, quality, operations management
    Picture
    how to overcome challenges of creating effective teams
    how to lead a successful business transformation

    ​Micro-Learning
    ​Partner

    Picture

    Publishing Partner

    fast read books, business management books, health and wellness books, spiritual guidance books, best online book store

    Wellness
    ​Partner

    Picture
© Copyright 1992- 2022 Dr. Shruti Bhat ALL RIGHTS RESERVED.
See Terms and Conditions for details on this site usage.
SHRUTI BHAT, CONTACT
Click to connect.
Created by Macro2Micro Media