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PATENT ASSISTANCE CELL


Patent / Design /Trademark

In this new age “knowledge workers” are rewarded, respected & valued. At the National & International arena, a lot of works are being directed towards evolving a “KNOWLEDGE SOCIETY”. Time has really come to recognize Intellectuals of Human mind as the greatest asset out of all available.

GIAN, since its inception, has been actively involved in helping innovators to protect their IPRs. GIAN has filed many patent applications on behalf of the innovators. GIAN has also developed an extensive network not only in India but also in the other parts of the world to facilitate the process of filing of patent applications.

In order to make our society an inventive & innovative one, Government of India & Government of Gujarat are doing a lot of pioneering work to protect & nurture intellectual property rights of the innovators. In this context, a Patent Assistance Cell has been established at GIAN with the help of Industries Department of Gujarat Government.

The Objective

The objective of the Parent Assistance Cell (PAC) is to assist individual innovators and organizations in all patent related areas for whom patent process is either very complex, not completely aware of its processes or can’t afford it.

Areas of Practice

With the help of network partners PAC offers a whole gamut of services from "IPR awareness" to "Filing different IPR applications". The dedicated infrastructure and communication facilities established at GIAN are intended to facilitate online patent search, developing the patent documents and drawings, and building patent information database. The team is capable of delivering the highest quality of service to the innovators. In short it can be concluded as a most effective solution to the innovators’ needs without much of difficulty.

Patent Assistance Cell performs various activities, which helps inept innovators as follows:

·Basic patent education to innovators and general masses through disseminating information at various events and workshops.

· Understanding the innovation and conduct prior art search for analyzing the novelty and patentability.

· Innovation Documentation by drafting specifications and preparing drawings.

· Patent application preparation and filing with the help of its network of attorneys.

·Follow-ups with the innovators and the network agencies

At PAC GIAN, all kind of IPR services are provided to all the persons who are from the state of Gujarat on the payment basis. The charges for these services vary from project to project depending upon different aspects.

Under a scheme of the Industries Department of the Gujarat Government, 50% of the total expense for filing and processing the patent applications is reimbursed by the Govt., but only on the grant of patent.

So far, GIAN has filed 12 national patent applications and six US patent applications and three design registration applications with the help of this center. We are pleased to inform you that patent application filed in USA with the help of this center for Cotton Stripper Machine developed by Shri Mansukhbhai Patel has been accepted and the patent has been granted by USPTO on April 8, 2003 (US Patent No. 6,543,091 B2).

Basic rules and charges for filing the patent applications and for other services are as follows:



Sr.

Particulars

Minimum (Rs.)

Maximum (Rs.)

1

Prior Art Search Facility

2000

4000

2

Filing design registration application ( Excluding govt. fees)

3000

5000

3

Filing trade mark registration application ( Excluding govt. fees)

4000

7000

4

Filing patent application with provisional specification (Excluding govt. fees)

3000

6000

Rules and regulations to be followed by the customers/client for filing the Patent Application through of GIAN’s Patent Assistance Cell

1) The applicant shall be required to submit a declaration mentioning that s/he is the true and first inventor/owner of the proposed invention.

2) The applicant shall be required to sign a consent form in order to allow the PAC to take action on his/her behalf.

3) The applicant shall be required to sign all the forms/regulatory documents required by the PAC in order to file the patent/design/trade mark registration application for and on behalf of inventor/applicant.

4) The decision taken by the PAC regarding the filing of the patent application/design/trade mark registration application shall be final.

5) The PAC at GIAN shall try its level best to analyze the invention so that the maximum benefit could reach to the inventor/applicant. However, in case of any undesirable fallout, the PAC shall not be held liable to any compensation in any manner.

6) The PAC at GIAN provides the assurance that the information will be kept confidential and will not be disclosed to any third party without the consent of the inventor/applicant. However, in case of any unlawful disclosure by any party, the PAC shall not be held responsible

7) If formal drawings are supplied by the applicant, the fees for preparing the formal drawings shall not be charged. However , incase the drawings are not found as per the requirement of patent office and have to be redrawn , the fees shall be charges on the basis of work done.

8) In case, visits of the GIAN staff needed to the site of the invention/prototype, all the expenses shall be borne by the applicant.

9) As per the patent scheme of Industries Department of Gujarat Government, 50% of the total expenses of filing the patent application shall be reimbursed to the applicant/inventor and applicant shall be responsibility to obtain the reimbursement from the Industry Department.

10) PAC will try to file the patent application within a period of two months, provided all the necessary information and drawings and other documents are supplied by the applicant in time.

11) This schedule of charges is meant for individuals and not for organization (Public and private both) and there will be different fees structure for the organization.

12) Considering the basic objectives of GIAN and PAC to support individual inventor of Gujarat in promoting the intellectual property rights awareness, the priority shall always be accorded to individuals and there will be no obligation on part of the PAC for organization in terms of priority.

Terms of Payment:

  • The fee will be charged at the time of filing the patent application. Other charges will be applicable as per the action taken at a particular step and will very between the minimum to the maximum limits.
  • The above mentioned minimum and maximum fees for filing the patent application can very depending on the applicant, complexity of the proposed invention and the amount of the work needs to be done at various stages of filing and processing the application up to the stage of sealing of the patent. The upper limit may go up, if the subject invention is more complex and require additional efforts in order to file the patent application and to obtain the patent.
  • The amounts shown in Italics are the fees to be paid to the patent office as per the fee schedules of the Government of India.
  • Please note that during the processing of the patent application at the Patent office , some time extension application is require to be file for the completion of the required steps / process and for this purpose , the Government fees and the professional fees should be charged extra and are not included in the above mentioned amount.


GIAN – PAC Charges and rules for filing the Patent Application
in India & USA

Indian Application

US Application

Steps

Procedural details

Minimum

Maximum

Minimum

Maximum

1

(Rupees)

(Rupees)

US $

US $

The subject invention is analyzed on the basis of the results obtained
after the prior art searches, for novelty and patentability of the item

2000

4000

400

600

Formal drawings are prepared, if the item is found new and novel

2000

4000

500

700

Drafting the specification

5000

10000

1000

1750

Govt. fee to be paid at Patent office

I – For filing patent application

A

Individual Applicant

750

750

375

400

B

Non-individual / Legal entity

3000

3000

750

800

II - For filing request for substantial examination

A

Individual Applicant

1000

1000

375

400

B

Non-individual / Legal entity

3000

3000

750

800

2

Attending to the objections raised by the patent office in the examination
report.

2000

4000

800

1400

3

Attending to the objections raised by the patent office second time

1500

3000

700

1200

4

Attending to the hearing at the patent office if any

4000

8000

1000

1500

5

III – For filing request for sealing of the patent document;

A

Individual Applicant

1500

1500

650

650

B

Non-individual / Legal entity

5000

5000

1300

1300

Total fees of GIAN (Excluding govt. fees)

16500

33000

4400

7150

Total Government fees for Individuals

3500

5000

1505

2435

Total Government fees for Institution

12000

17000

2910

4870

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