Patent Filing in ASEAN

Patent Attorney in Asia

A patent is an exclusive legal right granted to the applicant for a new invention by the government that prevents from making, using, importing, or selling the invention without his permission. Patent’s rights are territorial, which means an individual can protect his invention in the geography where he filed the patent application. An individual can also obtain international patent protection by directly filing a patent application in the country where he wishes to get a patent. There are three types of patents. These are utility patents, design patents, and plant patents. A utility patent is concerned with the technology and it has to do with how something works. It has to do with mechanical things or chemicals or pharmaceuticals or software, it might be simple, it might be a screw or a nut or a bolt but there is something technical about the product. It could be shown in drawings. It can describe in tables or chemical composition. The utility patent includes a detailed and written description.  Design patent covers the ornamental design. Plant patents are the rarest of all kinds of patents. They are not that hard to get, but they are in a specialized field, typically, for example, for hybrid roses. If you breed hybrid roses, you might be interested in plant patent. 

Patents protect inventive ideas themselves.  In the United States, the patent and trademark office issues patents to inventors who can demonstrate their inventions are new and useful. Patents provide the inventor 20 years period of exclusive control over their idea, preventing anyone else from making, using, selling, or importing the invention into the United States. Patent holders can recover their lost profits or a reasonable royalty from anyone who infringes their patent and up to triple damages from anyone who infringes wilfully. Patent holders can also obtain a court order preventing infringers from making, using, selling, or importing any products based on their patents.

ASEAN is a political and economic alliance of ten countries. The group’s five original member states are Indonesia, Malaysia, The Philippines, Singapore, and Thailand, founded ASAEN in 1967, during the height of the Vietnam war. At that time, many Southeast Asian governments were at war with their respective communist-led guerrilla groups, and leaders became increasingly concerned about political vulnerability. So, they ally to not only secure the region against the threat of communism but to give Southeast Asia a cohesive voice on Cold war issues.

Since the fall of the Soviet Union, ASAEN has shifted its focus to international trade, border security, and collaboration with neighbouring countries like China and South Korea. For instance, ASEAN member state GDP range anywhere from roughly $11 to roughly 888 billion dollars, but collectively their GDP is about 2.5 trillion dollars rivalling that of France and the United Kingdom. ASEAN striving to create a distinct “Southeast Asian identity” by 2020. It means that citizens belonging to these member states would identify themselves not by their nationality, but by calling themselves ASEAN.   

The Southeast Asian Nations (ASEAN) has the goal of establishing itself as a single market and competitive economic region. The Southeast Asian Nations (ASEAN) recognizes the patent system as a tool to persuade and promote a pro-business environment and to attract technological investment to the region. ASEAN can become one of the largest economies and markets in the world, which is in itself is sufficient justification to consider IP strategies in the region. In the future, if ASEAN becomes the single economy, then it would be the seventh-largest in the world and the third-largest in Asia, behind China and Japan. If ASEAN grows with current growth trends, then it will be the world’s fourth-largest by 2050. ASEAN’s potential market is greater than the European Union, which is justification in the region’s GDP growth from the perspective of the population.

The limited institutional capacity and flaws in the patent registration system in ASEAN countries are hurdles for development. ASEAN must adopt another regional model, which is the Regional Patent Office, to remove such barriers and promote the patent registration system in ASEAN. Regional Patent Office gives an advantage to ASEAN in improving its capability in administering the patent registration and promoting the goal of ASEAN to accelerate the technological growth in the region. ASEAN member states must overcome the challenges in establishing the regional Patent Office.  

ASPEC stands for The ASEAN Patent Examination Co-operation which, is launched on 15 June 2009. ASPEC is the first regional patent work-sharing program among its nine participating ASEAN Member states IP Offices. These member states IP Offices are Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, The Philippines, Singapore, Thailand, and Vietnam. In all participating AMS IP Offices, ASPEC operates in the English language and is free-of-charge to the applicant at any participating AMS IP Office. The patent office assesses the patentability of a patent application by conducting exam and examination quality. The main aim of the ASPEC programme is to improve search and examination quality. With the help of the ASPEC programme, participating can share S&E results.

ASEAN Business Information for Technology Companies

Patent Attorney in Asia

ASEAN stands for The Association of Southeast Asian Nations which is a regional organization that comprises ten countries in Southeast Asia, which promotes intergovernmental cooperation and provide the facility of political, economic, security, educational, military, and socio-cultural integration among its members such as Indonesia, Thailand, Malaysia, Singapore, Philippines, Vietnam, Brunei, Myanmar (Burma), Cambodia and Laos. These facilities are provided to the other countries of Asia also. ASEAN was founded on 8 August 1967 in the Philippines with its  headquarter in Jakarta, Indonesia. The founders of ASEAN are Abdul Razak Hussein, Narciso Ramos, Adam Malik, S. Rajaratnam, and Thanat Khoman.

In February 2016, the United States hosted its first-ever ASEAN Summit. The meeting was part of President Obama’s efforts to strengthen economic and security ties with Southeast Asia. The US’s interest in ASEAN countries has grown significantly in recent years as tensions rise over the highly disputed South China Sea. ASEAN is a political and economic alliance of ten countries. The group’s five original member states are Indonesia, Malaysia, The Philippines, Singapore, and Thailand, founded ASEAN in 1967, during the height of the Vietnam war. At the time, many Southeast Asian governments were at war with their respective communist-led groups. Guerrilla groups and leaders became increasingly concerned over the region’s political vulnerability. So, they formed an alliance to secure the region against the threat of communism and to give Southeast Asia a cohesive voice on Cold War issues.

ASEAN wants growth with the available rich resource reserves and an established manufacturing base which, only be possible by the regional economic integration agenda of the ASEAN Economic Community (AEC). The main function of the ASEAN Economic Community (AEC) is to realize the region’s end goal of economic integration. ASEAN Economic Community (AEC) visualize ASEAN as a single market and production base, a highly competitive region, with economic development, and integrated into the global economy. The Asian Economic Community facilitates the implementation of trade, investment, and services which, is necessary for each ASEAN member state.  ASEAN’s economic performance is very good across the globe. The region’s investment prospects in the ASEAN member state have made consistent growth.

Intra-ASEAN trade and Extra-ASEAN trade has been boosted by the prospect of an integrated ASEAN economy in the form of a unified market and single production platform through the free flow of goods and services, capital, investments, and skilled labour. In the future, it may be possible that the ten members of the ASEAN may persuade FDI to invest in their region, and several alternatives are there to make the region in to a better competition against a global economy. It is necessary to apply liberalization of trade, integration of capital markets, and standardization of legal and regulatory frameworks in the region of these states of ASEAN which, reduces the difficulty for doing business in these states.  

ASEAN Free Trade Agreement (AFTA) was established in the year 1992 at the ASEAN Summit in Singapore in response to other emerging regional groups such as NAFTA, EU, etc. The main objective of the ASEAN Free Trade Agreement is to create a single market and an international production base. ASEAN Free Trade Agreement (AFTA) attracts FDI and expands Intra ASEAN trade and investment and it strengthens, and deepens Intra ASEAN Industrial linkages. In December 1998, at the sixth ASEAN Summit, all members of ASEAN agreed that AFTA would come into effect in the year 2002, but it went into effect in 2003 for the automotive sector. ASEAN Free Trade Agreement increased competitiveness among AFTA members countries. The most important factor of AFTA is the liberalization of trade. The main motive of AFTA is to expand the intra-regional trade so that the consumers of ASEAN are benefited from choosing plenty of products of better quality.

ASEAN is becoming important in a trade and is now the third-largest in the world after the European Union and the North American Free Trade Agreement. After comprising ASEAN6 such as Indonesia, Malaysia, Philippines, Singapore, Thailand, and Vietnam with Brunei, Cambodia, Laos, and Myanmar, it has a combined GDP of US$2.31 trillion (2012). ASEAN is a trade bloc of ten nations with an aggregate economic size of $2.3 trillion which, is measured by the total GDP of the member countries. The main objective of the ASEAN trade bloc is to establish a fully-fledged economic community (AEC). The trading bloc’s diversity that ranges from advanced economies such as Singapore to developing countries such as Myanmar is an interesting feature. The ASEAN bloc cancelled all import and export duty taxes on items that traded between them except Cambodia, Laos, Myanmar, and Vietnam who always continued to impose a duty on certain items. In the year 2015, the entire region became  free of duty.

ASEAN has a free trade agreement with other Asian nations. These Asian nations are now radically altering the global sourcing and manufacturing landscape. ASEAN has a treaty with the developed country such as China that has effectively done away with reduced tariffs on nearly 8,000 product categories, or 90% percent of imported goods, to zero. These are the favourable terms that affect China and the original ASEAN members such as Brunei, Indonesia, Malaysia, the Philippines, Singapore, and Thailand positively. Cambodia, Laos, Myanmar, and Vietnam also implemented these terms in the year 2015. 

FTA stands for Free Trade Agreement which, is a pact between two or more nations for reducing barriers between imports and exports among them. With the help of the Free Trade Agreement, goods and services can be bought and sold across international borders with few or no government tariffs, quotas, subsidies, or prohibitions to inhibit their exchange. The main function of the Free Trade Agreement (FTA) is to reduce or eliminate barriers to trade across international borders. China (FTA) gives benefits to Vietnam, Indonesia, and other ASEAN countries by offering lower wages and attracting foreign investment both for the Chinese market. ASEAN has a similar FTA with India, which is in the process of reducing tariffs on 90 percent of all traded goods between ASEAN and India. India has a sizeable middle-class consumer market, but it can grow as fast as China.

The member countries make ASEAN rank high in top priority for many patent applicants, and also, they have made a considerable improvement to their IP laws and enforcement practices. The improvement of IP laws and enforcement practices connected with advancements in technology and industry has made these jurisdictions much more desirable in recent years. There are possibilities of more applicants involve these countries in filing their strategies. Malaysia, Singapore, Indonesia, the Philippines, Thailand, and Vietnam are the most filed destinations. There are many similarities among the ASEAN countries, but each country has its own unique set of IP laws.

Most of the applicants consider filing in ASEAN because of market opportunities, competitors, and manufacturing locales. The other advantage of filing in ASEAN countries is that examination and filing fees are very low. Most of the countries are also contributing their resources in their patent systems and creating specialized IP courts.

Patent Process in Singapore

Patent Attorney in Asia

Technology-driven companies in Asia protect their innovations by filing patents in Singapore. Among innovative countries within Asia, South Korea, China, Singapore, and Indonesia are leading from the front. The government bodies within Asia, like Singapore’s GovTech Agency, are constantly working towards innovative products and services that are capable of obtaining patent protection. As an example, Parking.sg mobile app lets users pay, extend and refund parking sessions with their phones, has rapidly replaced paper parking coupons across the city-state of Singapore.

Patent attorneys assist clients in drafting of patent applications that are filed internationally via the Patent Cooperation Treaty mechanism. There are various advantages associated with PCT patent filing, wherein the patent applicants are able to postpone the major costs associated with international patent filings by almost 24 months. Additionally, the PCT patent procedure allows the applicants to develop a strong patent strategy for worldwide patent protection across various countries.

A patent gives an individual a right to stop others from making, using, or selling the patent invention. So even an individual to get a patent, he might not be able to make a product that he patented. An individual can extend his patent to the borders of the country and stop other people from bringing products they would infringe on his patent. Patents are all about innovation. A utility patent protects the way something works while a design patent protects the way something looks. Utility patents protect the functional features of an invention while the design patent protects the non-functional appearance of an invention. Plant patents are related to a kind of plant which is capable of reproduction.

A patent gives an individual a right to stop others from making, using, or selling the patent invention. So even an individual to get a patent, he might not be able to make a product that he patented. An individual can extend his patent to the borders of the country and stop other people from bringing products they would infringe on his patent. Patents are all about innovation. A utility patent protects the way something works while a design patent protects the way something looks. Utility patents protect the functional features of an invention while the design patent protects the non-functional appearance of an invention. Plant patents are related to a kind of plant which is capable of reproduction.

In the Singaporean context, a patent is a monopoly right given by the government to the owner of innovation that assists him from preventing others from using, copying, or making the invention without his consent in the country in which he has acquired patent protection. A company acquires the ownership of the invention by exchanging the full disclosure of the invention to the government. The patent is granted for 20 years and annual renewable fee payable from the end of the 4th year from the date of filing.

In the Singaporean context, a patent can be a new method of doing things, the composition of a new product, or a technical improvement on how certain objects work. A patentable invention can be a product or process that gives a new technical solution for solving a problem.

For filing a patent, the inventor should keep in mind some important criteria. The invention should not publicly be known in any way, anywhere in the world. Owners of inventions should keep the invention secret until a patent application has been successfully made. If the idea has already been talked about, commercially exploited, advertised, or demonstrated, then the novelty of the invention may be comprised. An individual should safeguard himself when he speaks to investors by requesting them to sign a non-disclosure agreement.

Once a Date of Filing is obtained for the patent application, the invention can claim a “Patent Pending” status, and the applicant can proceed to disclose the invention, as indicated in the patent application to interested parties. As part of the application process, the patent application publishes after 18 months if the statutory requirements are met. Once the patent application is published, details of the invention will be made available for public inspection.

The invention must be something that represents an improvement over any existing product or process already available. The improvement must not be obvious to somebody with technical skills or knowledge in the invention’s particular field. If an invention is new yet obvious to a person skilled in the art, the invention does not fulfil the inventive step requirement. The invention must be useful and should involve some form of practical application. It should be capable of being used in some form of industry.

There are two main criteria that are not a patentable invention even if they satisfy the key criteria for patents. First an invention of any method for the treatment of the human or animal body by surgery or therapy, or of diagnosis. Second, any invention that could encourage offensive, immoral, or anti-social behaviour.

Once an individual registers a patent, apart from using the patents to prevent others from exploiting his invention, he can employ it to raise funds for his business, license it to third parties for commercial returns.

An individual is eligible to register the patent if he is the inventor, employer in which invention made by his employee in his normal course of duties or he is the person who has entered into an agreement with the inventor before making the invention, such that he is entitled to the invention. An individual should file an application for patent protection that can be done through the domestic or international phase by using an international application.

Before filing a patent, an individual who is the inventor has the right to apply for a patent in his name but if the invention had been done at the time when he is employed in a reputed company then the right to apply for the patent belongs to his employer. 

It is not necessary that all ideas can be patented. Patents granted for inventions in two main categories. The first category is a product that may include a chemical compound, a safety helmet, and a vaccine, and the second category is a process that is a method of doing something and it may include a method of mobile payment processing and method of silicon water inspection. 

There should be conduction of a prior art search that assist to detect existing similar developments, and it indicates whether his invention fulfils the new requirements.   

An individual should weigh some factors before patenting an application in Singapore. An applicant should know that patenting an application in Singapore is very expensive because total official fees for patenting application is around S$2,100.

Singapore patent applications take a long time for nearly about 2-4 years for granting a patent. Meanwhile, the applicant has no patent rights to prevent unauthorized infringement.

Before patenting an application in Singapore, an applicant should consider market size, market direction, and the threat of competition. Patents are filed only in those countries where there is a big market size and can manufacture the patented product can be manufactured to deter competition. Also, one should keep in mind that even after the inventor has developed a patentable invention, there will be a possibility that patent applications may be rejected by the Singapore patent office for lacking an inventive step.

Patent attorney in China India Asia Pacific

Patents in China

Patent Filing in Asia, Patent Filing in China, Patent in Asia, Patent Lawyer in Asia

Patents are filed in China for international protection of inventions under PCT route after domestic patent filing.

The first patent application is filed in home country to secure a patent priority date. Thereafter, within 12 months of the priority date, a PCT international phase application is filed with the WIPO. The PCT international patent application provides a time period of almost 30 to 31 months from the priority date to file the same patent application in multiple countries, including, India, China, Singapore, and the like.

Patent Law in China

China and India amended their patent laws to fulfill the obligation of TRIPS agreement. India in 2005 and China in 2008 made their Patent Acts TRIPS compliant. The current governing law for Patents in China is Patent Law of the PRC, 1984; as amended in 1992, 2000 and 2008 read with Implementing Regulations of the Patent Law of the PRC, 2001; as amended in 2002 and 2010.

Patent attorney in China India Asia Pacific

Patent Eligibility in China

From the perspective of patentable subject matter and criteria of patentability, the patent law in China defines inventions as a new technical solution or improvement to a product/ process. Inventions for which patent is to be granted shall be novel, involve inventive step and having practical applicability (Article 22 of Patent Law of the People’s Republic of China: Conditions for Granting Patent Rights).

  1. Novelty: The claimed invention shall be a new technology. It must neither be known to the public (published or used/ made) both within the country and abroad before the date of filing of the patent application, nor shall be disclosed in any earlier filed patent application at the SIPO.
  2. Inventive step: Inventive step means, as compared to the existing technologies, the claimed invention shall possess prominent substantive features and represents notable progress. For assessing the prominent substantive features, it shall be determined that with reference to the closest prior art and the technical problem solved, whether the claimed invention is obvious to a person skilled in the art. Presence of a notable progress is assessed by determining that as compared with the prior art whether the invention has produced advantageous technical effects.
  3. Practical applicability: Practical applicability means, the invention must be capable of being made or used in an industry and can produce effective results. There are three types of patents recognized under the Chinese law viz. Invention Patents, Utility Model Patents and Design Patents (Article 2 of Patent Law of the People’s Republic of China, 1984).

Patent Filing in China

To felicitate patent filing, China has established representative offices of SIPO at all state capitals and district headquarters, where a Chinese citizen can file his/ her patent application. Application can also be filed through China Patent Electronic Application System (Article 26 of Patent Law of the People’s Republic of China, 1984: Patent Application).

However, a foreign applicant who does not have a regular residence or business site in China shall appoint a legally established patent agency for filing the patent application. Application can be filed in Chinese or English. If filed in English, the Chinese translation of the application shall be submitted within 30 months of the priority date.

To encourage patent filing by the domestic applicants, Chinese government provide subsidy in the patent filing/ examination fee to them. This has been proved to be highly successful in china. All the countries provide option of e-filing and filing of patent application in print copy at the appropriate patent office or its branches. In China, there is no option to file for a provisional application. The applicant is bound to file the complete application at once.

Patent Cost in China

For filing a patent application in China, the costs to be incurred include cost for patent search, drafting and filing the first application to secure patent priority date, followed by patent filing in China under PCT National Phase Entry or Paris Convention filing. The overall cost including official fee and charges of a patent lawyer / law firm in China can be in the range of $15000 – $20000.

Patent Filing Trends

Various new technologies are being protected in China by way of numerous patent filings. Artificial Intelligence (AI) is one of the technology sectors to experience immense growth in terms of patent filings. As per a latest report, Chinese companies have more patents as compared to patent filing companies in U.S. for artificial intelligence patents over the past three years, expanding their presence in the world’s most prominent high-tech battleground.

As per WIPO Technology Trends 2019, Artificial intelligence patents represent a new digital frontier that have resulted in a dynamic shift in the patent filings. Artificial Intelligence Patents, or, AI Patents are getting filed at an exponential rate covering crucial inventions across multiple applications, such as for example, autonomous vehicles, medical diagnosis, advanced manufacturing, and the like.

Rahul Dev, patent attorney, works closely with clients worldwide to assist them in determining if an idea or an invention is patentable is of critical importance. The process to determine patent eligibility of an invention includes conducting a thorough patent search to establish novelty, inventive step and utility of an invention.

Law Office of Patent Attorney Rahul Dev offers high value software patent drafting and patent due diligence services to clients by using proprietary and efficiently proven process along with a fixed fee costs, for performing comprehensive patent investigations and providing clients with strong patent reports for decision making.

We provide comprehensive Patent and Trademark legal services via our global network to create valuable patent portfolios and resolve complex patent disputes by providing patent litigation support services.

Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filingspatent services in India and global patent consulting services.

Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain Patents, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).

Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.

Patent Filing in China

Business in China, Patent Attorney in Asia, Patent Filing in Asia, Patent in Asia, Patent Lawyer in Asia

Patent applications in China are drafted and filed by Patent Agents in China, providing effective solutions for patent filings in China by setting up and running patent law offices in China. Patent attorneys in China assist clients in registration and enforcement of patents via an efficient global network.

Patent Law in China

Patent law encourages scientific research, new technology as well as industrial progress for public good. The exclusive privileges to own, use or sell the method or the product patented is granted for a limited period of time, which stimulates new inventions of commercial utility. The cost of the grant of the domination is the disclosure of the invention at the Patent Office, which after the expiry of the fixed period of the monopoly, passes into the public domain.

Comparison of the Indian Patent Law with the Patent Laws in the Asia Pacific Regions

patent agent lawyer law firm in China

Patent Law in India vs. Patent Law in China

Governing Laws

China and India amended their patent laws to fulfil the obligation of TRIPS agreement. India in 2005 and China in 2008 made their Patent Acts TRIPS compliant. The current governing laws for Patents in India is Patents Act, 1970; as amended in 1999, 2002 and 2005 read with the Patents Rules, 2003; as amended in 2005, 2006, 2012 and 2014 whereas the governing law for Patents in China is Patent Law of the PRC, 1984; as amended in 1992, 2000 and 2008 read with Implementing Regulations of the Patent Law of the PRC, 2001; as amended in 2002 and 2010.

Patentable Subject Matter in China

Criteria of Patentability in China

Subject matter eligible for patent grant and conditions of patentability in China are inventions in the form of new technical solution or improvement to a product/process which is granted by the Chinese Patent Law Regulator, i.e., the National People’s Congress, whereas in India new product or process involving an inventive step and capable of novelty and industrial application can be patented which is granted by the Indian Patent Law Regulators, i.e., The Patent Office or the Intellectual Property Appellate Board (IPAB).

Patent Filing in China

All the countries provide option of e-filing and filing of patent application in print copy at the appropriate patent office or its branches. To facilitate patent filing, China has established representative offices of SIPO at all state capitals and district headquarters, where a Chinese citizen can file his/ her patent application.

In India, while filing for patent, the applicant may file a provisional application, i.e. the summary of the invention and is filed to protect the invention at its early stage. The complete application has to be filed within a period of 12 months from the date of filing of the provisional application or else the application will be considered to be abandoned. But in China, there is no option to file for a provisional application. The applicant is bound to file the complete application at once.

Patent Prosecution in China

The most important steps during patent prosecution viz. patent filing, publication, examination, opposition and patent grant/rejection are pursued across the world. In India, the patent prosecution consists of only a single phase comprising of several steps. However, in China patent prosecution is divided into two distinct stages viz. formalities/preliminary examination stage and substantive examination stage, wherein a patent application can enter in the substantive examination stage only when it first passes the formalities/preliminary examination stage.

Patent laws in China provide various procedures to speed up the patent examination, whereas, no such options are currently available in India. India is also currently not a member of Patent Prosecution Highway (PPH), to which China is a member of. The Draft Patent (Amendment) Rules, 2015 has projected to add the provision for expedited patent examination in India.

In China, in the case of patent refusal the applicant can still recommence prosecution with the patent office through continued examination/ re-examination, and evade losing the priority date of the application, whereas in India such option is not provided.

Duty to Disclose Information Regarding Foreign Applications

Foreign Applications in China

In China, the applicants are required to disclose information regarding equivalent foreign patent applications. However, regulations in India in this context seem to be much more severe and hard to comply with. SIPO requires only the copies of priority search/ examination reports to be submitted. Whereas, in India as per the Section 8, the applicant is required to submit “detailed particulars” related to equivalent foreign application at the Indian Patent Office, irrespective of whether such information is material to patentability or not. In China failure to comply with this provision is not a ground of patent revocation after the patent grant. Whereas, in India for patent revocation under Section 64 of the Patents Act, 1970 the same can be considered as a valid ground. High Court of India has provided an important clarification that any unintentional omission of the information by the applicant shall not be treated as violation of this provision.

Patent Opposition in China

Pre-grant Opposition in China

China follows Ex-parte (by or for one party) pre-issuance submissions at the pre-grant stage, whereas, India has approved an Inter-partes (between the parties) pre-grant opposition procedure. No fee, estoppel provision and threshold to establish the proceeding are applicable at pre-grant stage in both the countries.

Post-grant Opposition in China

At post-grant stage both countries, China and India, follows Inter partes (between the parties) post-grant opposition.

Compulsory Licensing in China

Both China and India have adopted compulsory license provisions based on the justifications specified under Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. China has prescribed thorough guidelines on compulsory license. No analogous guidelines are available currently in India.

Reporting of Working of Patents in India

Patent law in India mandates each patentee and licensee of the patent to submit each year, information about the coverage to which the patented invention has been worked on a commercial scale in India. This information is to be put forward in accordance with Form-27. Many faults however, have been observed in the format of the Form-27. Patentee who fails to abide with this requirement is legally responsible for penalty. Requirement for reporting of working of patents is not prescribed in China.

Specialized Intellectual Property / Patent Courts in China

Specific courts for Intellectual Property/Patent have been set up in China for patent litigation matters relating to patent enforcement and patent infringement. Whereas, in India at present there are no such types of courts that are established for specifically adjudicating matter related with Intellectual Property rights. Newly created Commercial Courts in India will handle Intellectual Property disputes worth less than 1,00,00,000/.

We have personally managed and delivered comprehensive execution of patent projects in Asian markets, including:

(a) Reviewing invention disclosures meant for patent filings and prepared patent eligibility reports determining if invention is patentable (New; Inventive; Useful; and practical application)

(b) Drafting and managing domestic and international patent registrations

(c) Conducting product clearance studies and preparing Freedom to Operate Opinion with FTO reports

(d) Patent Investigation and Patent Searching services 

(e) Patent Claim Mapping to determine patent infringement by comparing infringing products with patent claims

(f) Assisted corporations and universities to manage all aspects of patent portfolio of various business units

(g) Working with clients to formulate internal policies and practices for invention harvesting

(h) Drafting and worldwide prosecution of patent applications

(i) Patent opposition and oral proceedings

(j) Evaluating and mitigating patent risks

(k) Monitoring technology development and competitors’ activities

(l) Advised inventors worldwide to draft, file and prosecute patent applications by providing comprehensive advice on issues of patent infringement, patentability, prior art searches, and patent licensing related transactions

We provide comprehensive Patent and Trademark legal services via our global network to create valuable patent portfolios and resolve complex patent disputes by providing patent litigation support services.

Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filingspatent services in India and global patent consulting services.

Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).

Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.

patent attorney india

Patent Attorney in Asia

Patent Attorney in Asia, Patent Filing in Asia, Patent in Asia, Patent Lawyer in Asia, Patent Search in Asia, Patent Search in India

We have launched Asia Pacific (APAC) Patent and IP Consulting Practice in Singapore, serving Malaysia, Hong Kong, China and Singapore markets. We managed patent filings and prosecution in US, UK, Europe and Asian jurisdiction by working closely with international patent attorneys and patent law firms. We are extensively networked with lawyers, law firms, patent agents, patent attorneys, accountants, investment bankers, management consultants, startups and entrepreneurs in Asia. In past, we have worked closely with patent experts to provide ASEAN focused expertise in Singapore, Malaysia, Indonesia, Thailand, the Philippines and Vietnam. 

Patent Filing in India

Patent Filing in China

Patent Filing in Japan

Patent Drafting in Malaysia

patent

We have personally managed and delivered comprehensive execution of patent projects in Asian markets, including:
(a) Reviewing invention disclosures meant for patent filings and prepared patent eligibility reports determining if invention is patentable (New; Inventive; Useful; and practical application)
(b) Drafting and managing domestic and international patent registrations
(c) Conducting product clearance studies and preparing Freedom to Operate Opinion with FTO reports
(d) Patent Investigation and Patent Searching services 
(e) Patent Claim Mapping to determine patent infringement by comparing infringing products with patent claims
(f) Assisted corporations and universities to manage all aspects of patent portfolio of various business units
(g) Working with clients to formulate internal policies and practices for invention harvesting
(h) Drafting and worldwide prosecution of patent applications
(i) Patent opposition and oral proceedings
(j) Evaluating and mitigating patent risks
(k) Monitoring technology development and competitors’ activities
(l) Advised inventors worldwide to draft, file and prosecute patent applications by providing comprehensive advice on issues of patent infringement, patentability, prior art searches, and patent licensing related transactions

We provide comprehensive Patent and Trademark legal services via our global network to create valuable patent portfolios and resolve complex patent disputes by providing patent litigation support services.

Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filingspatent services in India and global patent consulting services.

Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).

Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.

malaysian patent agent

Legal Counsel in Malaysia – Role of Malaysian Patent Lawyer

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Job of a legal counsel in Malaysia includes being responsible for a range of legal and intellectual property (IP) related advice by providing intellectual property and legal services to local businesses. Such legal services include providing support for third party licensing of intellectual property rights, including, patents in Malaysia, trademarks in Malaysia, etc.

In addition, other responsibilities include formulating, drafting, and negotiating IP agreements, such as secrecy agreements, patent licensing agreements, technology licensing agreements, technology transfer agreements, service agreements, business partnership agreements, product development agreements, website development agreements, mobile app development agreements, website terms of use, user agreements, website terms and conditions, mobile app terms and conditions, mobile app privacy policy, outsourcing agreements, valuation of business, valuation of technology, intellectual property valuation, patent valuation, trademark valuation, brand valuation, etc.

malaysian patent agent

To protect and enforce intellectual property rights in Malaysia, lawyers, law firms, intellectual property firms, patent agents, trademark agents and other professionals are required to provide professional, timely, cost-effective and practical legal advice, including, IP advice and support to the local and global businesses interested in doing business in Malaysia.

Trademark filing and trademark registration procedure in Malaysia includes brand clearance search, Madrid protocol international trademark filing, brand protection, brand management, use, and licensing of trademarks, design rights, copyright materials, and domain names.

To protect brand name in Malaysia, it is crucial to focus on brand protection work, particularly enforcement of trademarks, coordinating with international trademark law firms for anti-counterfeiting, trademark watch, trademark opposition, trademark licensing, trademark valuation, and the like.

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Tech Corp Group is a digital platform to share collection of developments and resources pertaining to technology, business, law and patents. We are not a law firm and all legal services are provided by the local lawyers in corresponding jurisdictions for all matters.

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malaysian patent agent

Malaysia Patent Registration – Patent Searching, Drafting, Filing and Prosecution

Business in Malaysia, Lawyers in Asia, Legal Counsel in Malaysia, Malaysian Patent Lawyer, Patent Agent in Malaysia, Patent Attorney in Asia, Patent Filing in Asia, Patent in Asia, Patent Lawyer in Asia, Patent Search, Patent Search in Asia

Patent Drafting in Malaysia

Patent drafting in Malaysia is generally done by patent attorneys registered and licensed to practice under the Patents Act,  as governed by the Malaysian Patent Office (MyIPO). As per MyIPO’s requirements, the patent specification to be filed in Malaysia should include a description that is clear and sufficient for a person having ordinary skill in the art to carry out the invention.

malaysian patent agent

The patent application drafted for filing patent in Malaysia should contain a detailed description of the invention beginning with a title of the invention, which must clearly and concisely indicate the subject matter of the innovation. In use, the title of invention as mentioned in description should be same as mentioned on the abstract and the patent request form.

The title of invention in patent application should be followed by the technical field of the new invention. In use, the field of the innovation of the claimed invention is a general broad statement that describes the art or technology field to which the invention relates.

Subsequently, while drafting patent application for Malaysia, next section of description of the invention should include discussion of prior art by way of background art. Patent attorneys and patent agents while drafting the background section of the patent specification shall describe the problems associated with the technology to which the invention relates along with disadvantages / problems pertaining to existing solutions.

After the background section, the patent drafting procedure involves writing a disclosure of the invention, wherein essential features and novel aspects of the claimed invention are included along with advantages of the invention over the existing prior art.

Thereafter, the patent application should include a specification example, whereby specific examples are discussed with reference to the description of the patent drawings or patent figures. In addition, this section should also include description of best mode of the invention as contemplated by the applicant for carrying out the invention. This section shall be supported by using examples to describe the invention along with corresponding reference to the patent drawings.

In order to complete all sections of the patent specification, after example and description of patent drawings, an explicit description of the industrial applicability of the invention shall be included. This shall describe how the invention can be utilised by the industry, which can be obvious or nonobvious depending upon patent classification that relates to the field of the invention.

Patent Claims

Patent claims for filing patent in Malaysia should define the scope of the invention clearly so that patent protection can be granted. The claims are required to be clear and concise to support the invention as disclosed in description and as illustrated in patent figures.

Patent claims are most crucial component of a patent specification and considering legal nature of claims, drafting patent claims is most challenging part of writing a patent application. Accordingly, defining scope of new innovation in patent claims is important to prevent competitors from infringing the patent rights associated with the patent specification. Too broad may be invalidated or too narrow claims may make it easy for the competitors to copy the claimed invention.

As per MyIPO guidelines, patent claims should begin from a fresh page and should be written as a single sentence. The patent office also instructs the patent applicants to include a “characterising” portion to highlight the novel and inventive features as compared to the background or prior art. Claims should further include all the novel and inventive features of the invention that are described in the description and illustrated in the patent drawings. In essence, all the patent claims of a patent application should relate to a single invention.

Patent Application – Abstract

To summarise the disclosure of patent specification, an abstract is included in the patent application to broadly describe the description of the patent claims. The purpose of the abstract is to provide an efficient instrument describing the technical field of the invention so that it can assist in searching relevant literature.

Patent Services – Malaysia

Patent agents in Malaysia provide a broad range of patent services, including, patent novelty search, patent and non-patent literature prior art search, patentability analysis, patent eligibility analysis, state of art patent search, drafting of patent specification, filing of patent application, registration of patents, maintenance of patent application, patent advisory and patent due diligence.

Patent attorneys with expertise in drafting patent applications for patent registration in Malaysia have technical, doctorate and post-doctoral qualifications and experience in respective technology fields for understanding innovative technical concepts and embodying the same into patent specifications.

The patent specification for filing patent in Malaysia is a techno legal document aimed at disclosing the subject matter of the invention and identifying the patent rights associated with the invention by way of patent claims.

The patent drafting process generally begins with the step of inventor interview, wherein the patent attorney or the patent agent gathers the information pertaining to subject matter of the invention. Subsequently, the invention information is analysed with reference to the state of the art and a prior art patent search is conducted to analyse the patentability (patent eligibility) of the invention as compared to the prior art.

Provisional patent application can be filed to begin the patent filing process whereby a preliminary broad patent is filed to secure a priority date and subsequently, a complete or non-provisional patent application is filed within 12 months of the priority date, or the date of filing provisional patent application.

Patent Registration in Malaysia

Patent registration in Malaysia is governed by the Malaysian Patent Office (MyIPO) whereby patent right is granted as an intangible property right for the monopoly of the patent for a limited amount of time. The first step of patent registration process in Malaysia involves conducting a thorough patent prior art search and performing a patentability analysis of the patent search results.

By definition, the patent protection in Malaysia indicates a product or a process or a combination thereof that provides novel ways of solving one or more problems. The patent is granted by the patent registry in Malaysia that gives an exclusive right to the patent applicant to stop others from infringing upon their patent rights.

Once a patent is granted in Malaysia, the patentee has several rights and benefits, including, right to exploit the patented invention, assign or license the patented invention, and stop others from copying, manufacturing, selling, infringing or importing the patented invention without patentee’s permission.

The term of patent in Malaysia is twenty (20) years while the term of a utility innovation in Malaysia is 10 years followed by an option to renew for additional 5 years twice from the date of filing.

About Tech Corp Group

Tech Corp Group is an international solutions provider of Patent, Technology & Intellectual Property (IP) Research Services in Asia. Originally started operations in India and Singapore, our strong and connected network of patent attorneys has expanded towards multiple locations in Asia Pacific (APAC). We work with clients worldwide and our practice areas include patent, technology and intellectual property consulting for technology companies and innovation based businesses. For legal needs of our clients, we assist them by connecting with attorneys, lawyers and law firms in desired jurisdictions. We aim to decode Patents, Technology and Intellectual Property (IP) in Asia – Japan, Korea, China, India, Singapore, Malaysia, Thailand, Indonesia, Philippines, Vietnam, Laos, Cambodia, Myanmar, Brunei.

Technology Business Consultants

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In association with Law Office of Rahul Dev – Patent Attorney, an International Business Law Firm, we provide business, management, technical and legal solutions to the challenges confronted by cutting-edge technology companies and startups.

Our team understands technology and business, and provides business and consultancy services related to Corporate Laws, Technology Laws, Intellectual Property Rights, Securities, Mergers and Acquisitions, and other matters that affect startups and technology companies.

We are devoted to helping our clients achieve success by providing services customized to their specific requirements. Launching and running a startup is a challenge, and structure of the business is even more critical. The structure of the business decides the liabilities of the founders, tax implications, benefits, raising funds & capital, and other regulatory procedures required under the law of the appropriate jurisdiction. We are business consultants with a specialty in early-stage tech startup companies.

Our business consultancy focuses on critical life-cycle events, including incorporation (formation), hiring, funding, acquiring and positioning to get acquired.

Additionally, our tech consultancy practice includes patents, trade secrets, trademarks, copyrights, licensing, development, distribution, and strategic partnering. We consult and advice our clients by providing a diverse range of services across various technology sectors, including, Wireless & Mobile Telecommunications, Cloud Computing, Social Media, E-Commerce, Telecom and IT, Biotechnology, Healthcare, Pharmaceuticals, Food Technology, Regulatory Affairs, Energy and Power, Biotechnology, Food and Beverage, Chemicals, Medical Devices, Advanced Materials, Semiconductor and Electronics, Industrial Automation, Consumer Goods, Automotive and Transportation, Banking & Financial Services etc.

We provide individuals, start ups and businesses with patent filing, patent protection, patent advice, patent services, invention filing, invention protection, invention services, invention advice, copyright filing, copyright protection, trademark filing and trademark protection before Indian Patent and Trademark Office.