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Patents

Patents. A patent is a set of exclusive rights granted by a state to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an invention .positive,negative,territorial right. PATENT: WHAT IS IT?. Conditions of Patentability. NON-OBVIOUS USEFUL

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Patents

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  1. Patents

  2. A patent is a set of exclusive rights granted by a state to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an invention.positive,negative,territorial right. PATENT: WHAT IS IT?

  3. Conditions of Patentability • NON-OBVIOUS • USEFUL • useful purpose • operativeness (invention must serve purpose) • NOVEL (new) • Not known or used by others • Different from prior art • Published in India or elsewhere

  4. Patentable Subject Matter • An invention means any new and useful art • Articles of Manufacture • Processes or Methods • Compositions of Matter • Business Methods • any new and useful improvement of any of them

  5. The bottle itself (a product) A chemical in the plastic (chemical composition) The spraying mechanism(an apparatus) How you extruded the plastic (a process) EXAMPLE (1) If one has invented a new kind of spray bottle, patents may be granted for -

  6. SOME EXCLUSIONS FROM PATENTABILITY • An invention that is frivolous or that claims anything obviously contrary to well-established natural laws; • An invention the primary or intended use of which would be contrary to law or morality or injurious to public health; • The mere discovery of a scientific principle or the formulation of an abstract theory; • The mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant; • The mere arrangement or rearrangement or duplication of known devices, each functioning independently of one another in a known way; • A method of agriculture or horticulture; • Inventions relating to atomic energy. • New known property of already existing product

  7. Benefits of Patent System • Avoids duplication of research • Rewards time, money & effort associated with research • Stimulates further research as competitors invent alternatives • Encourages innovation and research. • Patents allow early exchange of information between research groups • Avoiding duplicate efforts • Increasing general pool of public information

  8. Rights of Patentee sec-48 • A patent grant gives the patentee the exclusive right to make or use the patented article or use the patented process • Patentee has exclusive right to prevent others from the act of making,using,offering for sale, selling or importing the patented products in india(in case of a product) • In case of the process patent can prevent others from making the article/product, or import the article/product obtained by that process.

  9. Who can file? • Application may be made, either alone or jointly with another, by the inventor, assignee, legal representative of deceased inventor or assignee. The inventor is entitled to be mentioned in the patent if he applies to do so. • Application may be made jointly by two or more corporations as assignees.

  10. Where to file? • The patent office where the applicant • Resides • Has place of business • Has originated invention • The patent office depending on the jurisdiction of address for service in India for Foreign applicants

  11. Mumbai Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, the Union Territories of Daman & Diu and Dadra & Nagar Haveli. New Delhi Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, National Capital Territory of Delhi and the Union Territory of Chandigarh Chennai Andhra Pradesh, Karnataka, Kerala, Tamilnadu and the Union Territories of Pondicherry and Lakshdweep Kolkata Rest of India Jurisdiction for filing

  12. How to file? • Manually by delivering a hard copy of all essential documents at the patent office by post, courier or hand delivery OR • E-filing through official portal for online filing at www.ipindia.nic.in

  13. Particulars of publication • Number of Application • Date of filing of Application • Title of Invention • Publication date • International Patent classification • Name and Address of the Applicant • Name of the Inventor(s) • Priority details • Parent application no. in case of patent of addition or division • Abstract of the Invention including drawing (if any)

  14. Particulars of publication • Number of Application • Date of filing of Application • Title of Invention • Publication date • International Patent classification • Name and Address of the Applicant • Name of the Inventor(s) • Priority details • Parent application no. in case of patent of addition or division • Abstract of the Invention including drawing (if any)

  15. Examination of application • Subject to satisfaction of two conditions • Application is published in the Patent Journal • Request for examination has been made by the applicant or any person interested. “Person interested” includes a person engaged in, or in promoting research in the same field as that to which the invention relates

  16. Procedural flowchart PROVISIONAL APPLICATION PCT INTERNATIONAL APPLICATION BASIC CONVENTION APPLICATION 12 months 31months 12 months INDIANNATIONAL PHASE APPLICATION INDIAN CONVENTION APPLICATION COMPLETE PATENT APPLICATION PUBLICATION (18 months) REPRESENTATION (After publication, till grant) REQUEST FOR EXAMINATION (within 48 months from date of priority or date of filing whichever is earlier) Within 3 months from the date on which the Reference is made by the Controller to the Examiner FIRST STATEMENT OF OBJECTIONS (May consider Representation) RESPONSE TO OFFICE ACTION REJECTION GRANT GRANT

  17. Infringement • Infringement can consist of taking away essential features of the patented invention; utilizing claimed features; copying patented substances; mechanical equivalence; taking part of the invention. while the patent is in force

  18. India has undertaken exhaustive amendment of its Patents Act 1970, three times since 1999. Now Indian Patents Act is fully compliant with India’s obligations under the TRIPS Agreement of the WTO. The three amendments that were carried out since 1999, introduced the following main changes in the old Patents Act:-1. India carried out first amendment in the Patents Act in 1999 and introduced exclusive marketing rights and mail box facility for inventions relating to chemical and pharmaceutical products. India introduced these transitory provisions as India had availed of the transition period available till 01 January 2005 to developing countries in introducing product patent protection to all areas. • 2. India carried out an exhaustive 2nd amendment to the Patents Act in year 2001. This amendment increased the term of patent protection from 7 to 20 years. • 3. India again carried out 3rd amendment of the Patents Act in year 2005 and introduced product patents protection for chemicals and pharmaceutical products.

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