Intellectual property Right (IPR) - Patent

IPR
Can a
Idea
be
Patented...
Parimal KOWTAL
E-mail: parimal.kowtal@gmail.com

IPR
An IDEA can be
protected
through
A PROVISIONAL
PATENT.

IPR
A Provisional Patent
is a legal document
filed with the
National or Regional
Patent Office.
Parimal KOWTAL

IPR
A Provisional Patent
application includes
claims, drawings and
description only for
the understanding of
subject matter to be
patented.

IPR
Provisional Patent does
not become a Patent
unless a NON-
PROVISIONAL Patent
application is filed
within 12 months.

No prior art search
and patentibility
examination is
undertaken for the
Provisional Patent
Application.
IPR

INTELLECTUAL
PROPERTY
RIGHT
IPR

What is
INTELLECTUAL
PROPERTY ?
IP
Parimal KOWTAL

The creation of
Novelty with an
Idea or a Concept
leading to an
Invention, Artistic
Work, Design,
Expression, etc.
IP

How is
Intellectual
Property ( )
generated...
IP

IP
Acquiring and
Utilizing Knowledge.
Intellectual
Property

Explicit
Knowledge:
Theoretical
understanding
of a subject.
IP
Parimal KOWTAL

Implicit
Knowledge:
Acquired with
practical skill
or expertise.
IP

Tacit
Knowledge:
Difficult to
transfer by
means of writing
or verbalizing.
IP

What is
INTELLECTUAL
PROPERTY
RIGHT ?
IPR

The protection
granted to the
Creator of the
Intellectual
Property (IP).
IPR

IPR
What are the
types of
INTELLECTUAL
PROPERTY
RIGHT’s ?
Parimal KOWTAL

●
Primary
Fundamental.
●
Sui Generis
Specific creation
having unique
characteristics.
IPR

Primary
➔
Patent
➔
Copyright
➔
Trademark
➔
Industrial Design
IPR

●
Plant Variety
●
Database
●
Trade Dress
●
Trade Secret
●
Craft Based Design
●
Integrated Circuit Design
IPR Sui Generis

An exclusive right
granted to an
inventor for a
limited period of
time in exchange
for detailed public
disclosure of an
invention.
PatentIPR
Parimal KOWTAL

Patent
An invention is a product
or a process or which
provides a solution to a
specific technical problem.
IPR

The period of Patent is
of 20 years from the
date of filing the Patent
or Priority Date.
PatentIPR

What can be
PATENTED ?
Patent
Virtually…
Any Idea can be Patented.
IPR

●
Devices or Products
●
Articles of Manufacture
●
Processes or Methods
●
Chemical Compositions or
Compounds
●
Micro Organisms
●
Gene Sequences
PatentIPR

Patent
Why….
IPR
Parimal KOWTAL

PatentIPR
* Economic reward
for the creation.
* Recognition to the
individual.

* Reward’s encourage
Innovation.
Patent
* Improves and enhances
Quality of Human Life.
IPR

Advantages:
The invention cannot be
used and exploited
commercially without the
consent of the patent
owner.
PatentIPR

Patent
Patent owner may
license, collaborate
through joint venture or
sell invention rights
through technology
transfer for commercial
exploitation.
IPR

A patent discloses
information of the invention
which promotes further
research and innovation.
PatentIPR
Parimal KOWTAL

Patent
A patent is available in
Public Domain on the expiry
of the Patent Grant Period.
IPR

Patent Grant can be refused.
If challenged, a Patent can
be invalid.
PatentIPR

Patents are
Granted by
National
Patent Office.
Patent
www.ipindia.nic.in
IPR

Regional
Patent
Office.
Patent
www.aripo.org
www.epo.org
IPR

Patent
Types:
●
Utility
●
Design
●
Plant
IPR
Parimal KOWTAL

Utility:
A new invention, process,
machine or composition
or a new and useful
improvement thereof.
PatentIPR

Patent
Design:
New, original and
ornamental design aspect
embodied or applied to an
article of manufacture.
IPR

PatentIPR
Parimal KOWTAL

Patent
Plant:
●
A new and distinct
Plant Variety.
●
Invented or discovered.
●
Asexually reproduced.
IPR

PATENT: Criteria
●
Novelty
●
Inventive Step
●
Industrial Application
IPR
Parimal KOWTAL

Novelty:
The fundamental
requirement
for patentibility.
The invention is novel
or new if it is not
proved through prior art.
IPR PATENT: Criteria

Inventive Step:
Also referred as non-
obviousness.
The invention must not be
obvious to any person of
average or ordinary skill in
the art.

Industrial
Application:
An invention must be useful
to perform the designated
function so that the society
receives positive benefit.
Parimal KOWTAL

Vintage
Patent -
Folding
Umbrella.
Patent No.
11561.
IPR

PATENT
Exclusions:
●
Discovery of material or
substance already existing
in nature.
●
Scientific theories or
Mathematical methods,
formulae etc.
IPR

Exclusions:
●
Plants and Animals other
than micro-organisms.
●
Biological processes for
production of plants and
animals.
IPR PATENT
Parimal KOWTAL

Exclusions:
●
Schemes, rules or methods
for doing business.
●
Pure mental acts or playing
games.
IPR PATENT

Exclusions:
●
Treatment Methods of
humans and animals.
●
Diagnostic methods
practiced on human or
animals.
IPR PATENT

PATENT
Novelty
Inventive
Step
Industrial
Application
Utility
Design
Plant
Criteria
Type
IPR

IPR
Prior Art is the
information that
exists before the
date of filing the
Patent Application.
Parimal KOWTAL

IPR
Prior Art -
The details
available in
Public Domain.

IPR
●
Patents Documents.
●
Technical Publications.
●
Conference Papers.
●
Marketing Brochures.
●
Product Literature.

Search carried out for the
Novelty, Inventive Step
and Industrial Application
of the claims in the Patent
Application filed.
IPR Prior Art Search

PRIOR ART
SEARCH
Where…
IPR PATENT
Parimal KOWTAL

www.patents.google.com
www.google.com/patents

IPR
●
Title
●
Names
●
Numbers
●
Alpha - Numerals
●
Date
●
Words
OR Combinations.
Prior Art Search

Title of the Invention.
Names:
●
Inventor
●
Applicant
●
Patent Agent
●
Patent Attorney

Numbers and Alpha-numerals
●
Patent Number
●
Application Number
●
Publication Number
●
Patent Classification
Parimal KOWTAL

DATE:
●
Date of Filing
●
Date of Publication

Keywords is combination
of words used from the
Patent Document.
●
Abstract
●
Claims
●
Description
●
Conclusion

Combination of Phrase’s
or Word’s using
Boolean Operator’s,
Nesting and Truncation.

Boolean Operator’s are used
in Keyword’s search.
Keyword’s can be combined
with Boolean Operator’s like
OR, AND, NOT and XOR.
Parimal KOWTAL

IPR
Tennis AND Ball: Documents
having both the words tennis
and ball.
Tennis AND NOT Ball:
Documents having the word
tennis but not ball.
Prior Art Search

IPR
Tennis OR Ball: Documents
having either the word
tennis or ball or both.
Tennis XOR Ball: Documents
having either the word
tennis or ball but not both.
Prior Art Search

Nesting:
Used to organize search
queries by using Parenthesis
and avoiding confusion.
Tennis AND Ball OR Racket

(Tennis AND Ball) OR Racket:
Documents having either the
words Tennis and Ball or the
word Racket.
Tennis AND (Ball OR Racket):
Documents having the word
Tennis and either the word
Ball or Racket.

Truncation:
Words can be truncated or
shortened to increase the
coverage of search.
Parimal KOWTAL

Truncation
Wild-card's:
Percent (%)
Dollar ($)
Asterisk (*)
Question Mark (?)

Elec*
All documents whether
relevant or not will be
searched and made
available.
Some search services allow
keyword truncation on both
left and right sides.

Certain search services use
all search terms as words.
In this case Wild-cards are
not required.

Phrases:
A group of words with
relevant meaning to the
context of search in
quotation marks.

Tennis Ball:
Documents having both the
words Tennis and Ball.
By default treated as an
AND operation.
“Tennis Ball” :
Documents having the
phrase “Tennis Ball”.
Parimal KOWTAL

In accordance with the
Strasbourg Agreement,
the International Patent
Classification (IPC) is an
effective search tool.

International Patent
Classification (1971)
was enforced on
October 7, 1975.

The International Patent
Classification (IPC) is
periodically revised to
improve the system and
take into account
technological developments.

IPR
The layout of International
Patent Classification (IPC)
Comprises of:
●
Section
●
Class
●
Subclass
●
Main
●
Group
●
Sub-group
Prior Art Search

●
Sections - the highest level
of hierarchy classification.
Divided into eight sections
according to the field of
inventions.
The entire classification is
Alpha-Numeric composition.
Parimal KOWTAL

Classification (IPC)….
SECTION: Title
A. Human Necessities.
B. Performing Operations
and Transporting.
C. Chemistry and Metallurgy.
D. Textile and Paper.

…. International Patent
Classification (IPC)
E. Fixed Construction.
F. Mechanical Engineering,
Lighting, Heating,
Weapons and Blasting.
G. Physics.
H. Electricity.

IPR
Layout
Section - Alphabet A-H
Title of the Section.
Sub section – Informative
Headings.

IPR
Layout:
Class – Numerals - 00 Two Digit
Class Title – Indication of
Content
Class Index – Informative
Summary

IPR
Layout
Subclass - Alphabet
Uppercase Letter.
Subclass Title –
Indicates precise
content.
Parimal KOWTAL

IPR
Layout
Group comprises of Main Group
Sub Group.
Designated by numerals.

IPR
H: Electricity.
H01: Basic Electric Elements.
H01S: Devices Using Stimulated
Emission.
H01S 3/00: Lasers.
The Classification separates the whole body
of technical knowledge using the
hierarchical levels i.e. section, class,
subclass, group and subgroup in descending
order of hierarchy.

Filing Date.
International
Classification.
Title.
Inventor.
Applicant.
Keyword.
Publication
Number and
Date.
Journals.
Patent
Office.
Patent
Number.
Application
number.
IPR
Parimal KOWTAL

Intellectual property Right (IPR) - Patent

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