Chemical and pharmaceutical companies protect their investment in research and development and the future of the companies by securing patents on their inventions. Success or failure of the company often depends on the strength of the patent or in its ability to resist competition.

Recently, the United States Patent and Trademark Office proposed changes to the way patents will be processed with a view to reduce patent Examiner’s work load. These changes could drastically limit the company’s ability to secure strong patents. Under the current practice, if the company is not happy with the Examiner’s refusal to grant a patent, the company can file one, two, or more continuation patent applications so that additional exchanges can take place between the applicant and the Examiner.

If the proposed rule changes are made permanent, and it is widely expected they will be, the patent applicant will have opportunity to file only one continuation application, which means only a limited number of exchanges are possible. If such exchanges do not result in patent grant, the applicant may have to narrow the scope of invention by further distancing the invention from a known drug formulation; or in some cases, lose its patent entirely.

When the patent applicant tries to amend or narrow the application, he may face several legal hurdles. For example, the Examiner may refuse saying that the originally filed application does not contain the language that applicant wants to use for amending the application. To avoid such an unfavorable result, the patent application must have been prepared in such a way that the Examiner cannot refuse the amendment.

To illustrate this, consider the following situation where the applicant describes his invention which is a drug formulation containing a drug in an amount from 1 to 50%. The Examiner rejects the application since a formulation containing 7% drug is known. If the patent application had disclosed only 1 to 50% drug, the inventor cannot amend the application to say 8 to 50% to avoid the known formulation. On the other hand, if a cascade of fall back positions had been built into the application at the time of patent filing, such as 5 to 30%, 10 to 20%, and 12 to 15%, then he can amend the application by defining 10 to 30% or 10 to 20% drug so as to cover his invention which may contain 11% drug. In the absence of a fall back position, the applicant will have to forego the entire patent.

A patent application is a serious legal document and should be prepared with great care. This requires knowledge of the industry, for example, what has been done before and what the competition might try to get around the patent. In the wake of the proposed rules, the importance of writing a good patent application cannot be overemphasized.

In these days almost every company needs guidance and assistance from different types of law firms in India. With the rise in competition and growth in the economy makes law firms more popular. Now there is a mentality among the different corporate / business houses to make more money in short time as compared to their competitor. Apart from this multi services structure also compelled business houses to get law services from company law firms. Services like copyright registration, international trademark registration, pct filling in India, patent registration, brand protection, foreign company registration, brand registration, trademark classification in India, new company registration, trademark infringement, patent drafting services, trademark logo and trademark name infringement are some of the law services offered by different law firms in India.

Most of the company’s law rules and procedures are regulated by company’s act of India and that should be follow by the particular company in order to get legal benefits. In this ever changing economy and increasing competition it is very important and recommended to different type of business houses to follow each and every rule for their smooth business activities. Among the different types law services trademark registration is one of the popular among the business houses. In corporate sector trademark is defined as company’s intellectual property whose registration is treated as a protection program in the corporate world that includes registration of intellectual property in the form of design, phrase word, logo or combination of all these types of elements. Trademark registration plays an important role in providing company’s unique identification to the international market. Every country has its own rules and procedures regarding trademark registration. Like in India it includes defining company’s product mark, symbol or logo, if incase it was used earlier in the market under some product then must state when it was first used. After it describe the type of products or kind of services on which the mentioned trademark – logo mark, word, phase, symbol will be used and suggest the classification product under which the trademark should be registered.  

After trademark registration, there is another law services named patent registration which is also one of the famous law services in the Indian corporate sector. It is always recommended to different type of business houses to follow all the rules stated by company’s law act of India. Patent registration acts as preventing program that protects the unauthorized use of the services or product that innovatively invented by the original inventor. It is a kind of ownership granted to the original inventor for his or her invention. After making invention one can submit his or her invention application to the government which is also called patent registration application request and after verification of all the necessary document government will offer patent registration certificate to the original inventor.