Shamkris Group

  • +91-9324249428
  • shyam@shamkris.com
  • Borivali East, Mumbai
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PATENT LICENSE

What is Patent License?

A Patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention.

In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce his or her rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant.

The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims that define the scope of protection that is being sought. 

Why this License is Required?

A patent is important because it can help safeguard your invention. It can protect any product, design or process that meets certain specifications according to its originality, practicality, suitability, and utility. In most cases, a patent can protect an invention for up to 20 years.

Who can get a Patent License?

Pharmaceutical Products

Software

Research & Development

Document Required for Patent License

Points for drafting a patent specification
  • Title of the invention
  • The compound to be prepared and its use in therapy
  • Prior Art if any concerning the invention
  • Handicaps of the prior art which this invention proposes to obviate step of the process and the reference in which these steps are to be carried out should be clearly stated and the reference in which these step are to be carried out should be clearly stated and what are the essential steps of the process and which are the optional or preferred steps
  • In case of formulations the name of ingredients used in the formulation; the range of ingredients by wt/vol. or percentage. The range should be such below the lower limit and above the upper linit of the range. The formulation must not be effective.
  • Other parameters of the invention if any for effective and efficient carrying out the process of the invention
  • A few detailed practical example of the process of the invention. The example may be for different range of the ingredients of other parameters of the process
  • The precise advantage of the invention
  • The structural Formula.
The Necessary points for drafting a patent specification:
  • What is the title of the invention? Give Full Name, Address, Nationality of the applicants of the investors
  • Field of inventions
  • Summary of invention
  • Prior Art or existing technology in the field of invention, existing process or existing product
  • Defects or drawbacks of the existing product
  • Details of the invention
  • If process patent with examples or if it is a product patent with the help of drawings
  • Full working of the invention if it is a process patent. In case of a drug, then the treatment should be mentioned
  • Advantages of the invention
  • All the possible variations in the components/ ingredients of the invention.

Role of Shamkris and Process of Patent License

Shamkris adopts a results-oriented approach to compliance with mandatory licence requirements in the organization. A simple and guidance methodology help organisation to achieve licence in a timely manner and cost-effective. Shamkris support 100% in advisory, Guidance, Compliance with respect to license requirements to obtain approval.

The License process described below:

  • Advertising for the document required
  • Preparation of documents as per application & list of documents.
  • Application File
  • Verification of Application by the Department
  • Liaison department
  • License issued for 20 years

Advisory for the document required

Preparation of documents as per application & list of documents.

Application File

Verification of Application by the Department

Liason department

License issued for 20 years

Who can issue the Patent License?

DPIIT- Department for promotion of Industry & Internal Trade

FAQ

Patent rights are usually enforced in a court on the initiative of the right owner. … Licensing a patent simply means that the patent owner grants permission to another individual/organization to make, use, sell etc. his/her patented invention.

As you are the patent holder, your ownership retains in the invention and you enjoy royalty payment on the product. It is always best to license your patent to a company that is one of the top players/which has captured market interest already in the domain of your invention.

Under U.S. Code Title 35, the U.S. Patent and Trademark Office (USPTO) issues three different types of patents: utility patents, design patents, and plant patents.

Patent licensing is part of how to patent an idea and is a revocable agreement between a patent owner and a licensee to transfer interest in a patent to a licensee, who can benefit from and enforce the intellectual property rights. A patent owner can license or transfer interest in a patent.

A U.S. utility patent, explained above, is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent.