Patents and intellectual Property Rights

1. A seminar by :
ABDUL WAHEED SALAFI
Research Scholar, Dept of CSE
RRN : 170863101001
Date : 02-05-2017

2. Outline
 Overview of Intellectual Property
 What is a Patent?
 Conditions Apply for patents?
 Role of Patent System?
 Why get a patent?
 Types of Patents
 Indian Patent Act
 What can’t be patented?
 Patent Specifications
 How to Apply?
 Patentee Rights
 Some Examples

3. Overview of Intellectual Property
What’s Protected? Examples Protection Lasts for:
Utility
Patent
Inventions iPod, chemical
fertilizer, process of
manipulating genetic
traits in mice
20 years from the date
of filing regular patent
application
Design
Patent
Ornamental (non
functional) designs
Unique shape of
electric guitar, design
for a lamp
14 years
Copyright
Books, photos, music, fine
art, graphic images,
videos, films,
architecture, computer
programs
Michael Jackson’s
Thriller (music, artwork
and video), Windows
operating system
The life of the author plus
70 years (or for some
works, 95 years from first
publication)
Trade
Secret
Formulas, methods,
devices or compilations of
information which is
confidential and gives a
business an advantage
Coca‐Cola formula,
survey methods used by
a pollster, new invention
for which patent
application has not been
filed
As long as information
remains confidential
and functions as a
trade secret
Trademark
Words, symbols,
logos, designs, or
slogans that identify
and distinguish
products or services
Coca‐Cola name and
distinctive logo,
Pillsbury doughboy
character
As long as business
continuously uses
trademark in connection
with goods or services

4. What is an invention?
 An invention means:
A new product or process
involving an inventive step
and
capable of industrial application.

5. What is an invention?
 An invention is normally a new product or process, which
involves a new principle of operation or an improvement
to an old principle.
 It is referred as a new or improved industrial process.
 In Patent system, things which do not involve
manufacture, are not usually considered to be
inventions.
 For example, a new scientific theory or a new surgical
procedure would not be considered to be patentable for
this reason.

6. The stages of development of a
successful invention are:
1. Identification of a problem that needs to be solved.
2. Inventing a solution to the problem, which works.
3. Developing a prototype or being able to demonstrate
the invention to prove how it works.
4. Filing a patent application to protect the invention so
that it can be disclosed to other people.

7. Failure Patents ?
 Patents are of no value unless the commercial
worth of the product or technology can be
demonstrated and exploited.
• Many patentable inventions have failed not because they
didn't work, or because they had been invented before,
but because the inventor was unable to exploit them
commercially.
• Patents are one of the few mechanisms that companies
can legally use to protect their market share.

8. Licensing Patents in Business
 Where a product is unsuitable for export because of
distance, cost or other factors, in such cases a licensing
strategy can be used.
 The Indian company can use the patents to license the
manufacturing/marketing rights for their invention to a
foreign manufacturer.
 In return they receive a royalty, which increases their
profits.

9. What is a patent ?
It is right to prevent or exclude others
from exploiting Intellectual Property from -
 making,
 using,
 selling,
 offering for sale or importing
the claimed invention for given period
of time.

10. Conditions Apply for patents?
1. Term of Patent : Limited to 20 to 14 years.
2. Maintenance Fee: maintenance fee is paid at the end of
every year.
3. Territorial Score : protection only within the country or
region in which patent was granted.
4. Indian patent grants are effective only within the
India, Indian territories, and Indian possessions.
5. NO world‐wide patent.

11. Patent System
 A patent is a contract between
the inventor or applicant for the patent and the State.
 Whereby the inventor or applicant gets a monopoly
from the State for a certain period in return for
disclosing full details of the invention.

12. Who can Apply for Patent?
 If an inventor or company has an invention,
which they consider to be novel and inventive, they
may apply for a patent.
 This may be granted only after a detailed examination
by a patent office. Once the patent is granted the
inventor or applicant has the sole right to make, use or
sell the invention for a limited period. This period is
usually twenty years.

13. Role of the Patent System
Protect Inventions
Encourage Inventions
Promote commercialization and
application of invention
Accelerate the commercialization of invention
to the whole society
13

14. Why Get a Patent?
Purpose of getting a patent can be:
 Used to gain entry to a market
 Used to exclude others from a market
 Used as a marketing tool to promote unique aspects of a
product
 Sold or licensed, like other property
 To enjoy the exclusive rights over the invention.
 The patent is to ensure commercial returns to the
inventor for the time and money spend in generating a
new product.

15. Types of Patents
1. Utility – How an invention works
 Inventions
 Functionality
 20 year term from filing date
2. Design – How it looks
 Ornamental design described & shown
 14 year term from grant date
3. Plant – new variety of asexually reproduced plant
 20 year term from filing date

16. Utility Patents
Types of
Inventions
16
Process/
method/
Use
Machine/
apparatus
Improvement
thereof
Composition
of Matter/
Product/
Manufacture
To qualify for a utility patent, an invention must be:
1. “New and useful" process,
2. Article of manufacture,
3. Composition of matter,
4. Machine, or
5. Improvement upon these things
may be eligible for a utility patent.

17. Utility Patents
Types of
Inventions
17
Process/
method/
Use
Machine/
apparatus
Improvement
thereof
Composition
of Matter/
Product/
Manufacture

18. Plant Patents
Types of
Inventions
Process/
method/
Use
Machine/
apparatus
Improvement
thereof
Composition
of Matter/
Product/
Manufacture
Plant patents are awarded to anyone who invents or
discovers and asexually reproduces a -
"distinct and new variety of plant."

19. Design Patent
19
To qualify for a design patent, a design must be –
new, original, and ornamental.

20. THE INDIAN PATENT ACT
 In India the grant of patents is governed by the
patent Act 1970 and Rules 1972.
 The patents granted under the act are operative in
the whole of India.
HISTORY
 The Patent Law of 1856
 The Patent and Designs Act, 1911.
 The Patents Act, 1970 and Rules 1972
 The Patent amendment act 2005

21. Patentable Inventions
Invention must
Relates to a process or product or both
Be new (novel)
Involves an inventive step
Be capable of industrial application
Not fall under Non Patentable Inventions

22. What can be patented?
1. The invention must fall
into one of the five
“statutory classes’:
 Processes,
 Machines,
 Articles of Manufactures,
 Compositions of matter,
 New uses of any of the
above
2. The invention must
be “useful”
3. The invention must
be “novel”
4. The invention must
be “nonobvious’
 In order to be patentable, an invention must
pass four tests :

23. What is “Novel” Patent?
1. The invention should not be known or used by others in the India
before the patent applicant invented it.
2. The invention should be patented or described in any printed
publication, before the patent applicant invented it.
3. The invention should not be patented or described in a printed
publication in any country more than one year prior to the patent
application.
4. The invention should not be in public use or on.

24. What is “Non-obvious” Patent?
1. Even if a new invention differs in one or more ways from another
patented invention, a patent may still be refused if the differences
would be obvious.
2. Non-obviousness is defined as a sufficient difference from what has
been used or described before.
3. For example :1
Making Salt.
For example :1
Making small size clothes hangers for children.

25. “NEW” MEANS……….
Invention must not be
Published in India or elsewhere
In prior public knowledge or prior public use with
in India
Claimed before in any specification in India

26. Inventive step means…
A feature of an invention that
Involves technical advance as compared to the existing
knowledge..
Industrial application means…
Invention is capable of being made or used in any kind of
industry.

27. Patent Specifications
1. A patent specification is written in a certain format.
2. The specification usually contains a preamble
(introduction), which describes the background to the
invention.
3. Define a statement of invention, which is a legal
statement of the scope of the monopoly sought.
4. After it, a detailed description of the invention, usually
drawings or examples of how the invention is carried
out.
5. The final part of the specification includes a set of
claims and scopes of a patent.

28. Patent Specifications
• Provisional: A provisional specification discloses
incomplete invention or inventions requiring time to
develop further. The provisional specification is filed to
claim the priority date of an invention.
• Complete: The document, containing the detailed
description of invention along with the drawings and
claims is called as the complete specification. Also the
description regarding prior art is included in the
complete specification.

29. Non Patentable Inventions
 Inventions contrary to well established natural laws
Examples
 Machine that gives more than 100% performance
 Perpetual machine

30.  Commercial exploitation or primary use of inventions,
which is -
Contrary to
public order or
Morality
Examples
– Gambling machine,
– Device for house-breaking ,
Non Patentable Inventions

31. Commercial exploitation or primary use of inventions, which -
Causes serious Prejudice to
 health or
 human, animal, plant life or
 to the environment
Examples
 Biological warfare material or device, weapons of
mass destruction
 Terminator gene technology,
 Embryonic stem cell
Non Patentable Inventions

32. Some other patentable inventions
1. The mere discovery of a scientific principle or the formulation of an
abstract theory.
2. The mere discovery of any new property or new use for known
substance or of the mere use of known process, machine or
apparatus unless such known process result in a new product or
employ one new reactant.
3. A substance obtained from mere admixture resulting into aggregation
of properties.
4. Mere arrangement or re-arrangement or duplication of known devices
each functioning independently.
5. A method of agriculture or horticulture.

33. What is not patentable invention?
8. A mathematical method or business method or algorithms
9. A literary, dramatic, musical or artistic work or any other aesthetic
creation whatsoever including cinematographic works and television
productions.
10. A mere scheme or rule or method of performing mental act or
method of playing game.
11. A presentation of information
12. Topography of integrated circuits
13. Invention relating to atomic energy.

34. Example of Patents
in Computer Engineering
Examples of inventions protected by utility patents are:
Internet-related inventions protected by
utility patents include :
communications protocols,
data compression techniques, interfaces,
networking methods,
encryption techniques,
interfaces,
online payment systems,
information processing and retrieval
technologies.
In the area of e-commerce,
patentable inventions and
processes include :
electronic postage,
electronic cash,
e-commerce business
methods

35. Example of Patents in Engineering
Examples of inventions protected by utility patents are:
In the area of e-commerce, patentable
inventions and processes include :
electronic postage,
electronic cash,
e-commerce business methods

36. STAGES FROM FILING TO GRANT
OF A PATENT

37. Where to apply?
Application for the patent has to be filed in the respective
patent office as mentioned below.
a) Place of residence, domicile or business of the applicant
(first mentioned applicant in the case of joint applicants)
b) Place from where the invention actually originated.
c) Address for service in India given by the applicant when he
has no place of business or domicile in India.

38. Patent Offices in India
Patent Office Territorial Jurisdiction
Mumbai States of Gujarat, Maharashtra, Madhya Pradesh, Goa,
Chhattisgarh; Union territories of Daman and Diu, and
Dadra and Nagar Haveli.
Delhi State of Haryana, Himachal Pradesh, Jammu & Kashmir,
Punjab, Rajasthan, Utter Pradesh, Uttaranchal, National
Capital Territory of Delhi and Union Territory of
Chandigarh.
Chennai States of Andhra Pradesh, Kerala, Karnataka, Tamil Nadu;
and Union Territories of Pondicherry and Lakshadweep.
Kolkata
(Head Office)
Rest of India.

39. How to apply?
Steps Involved in Obtaining a Patent:
1. To file an application for patent accompanied with either a
provisional specification or a complete specification.
2. To file complete specifications, if provisional application was
submitted Earlier.
3. Examination of the application by patent office.
4. Acceptance of applications and publication in the gazette of
accepted Applications.
5. Responding and satisfactorily over coming the opposition/objections
if any, to the grant of patent.
6. Sealing of patent.

40.  Information concerning application form and details of fee
available at www.ipindia.nic.in
 Guidelines for applicants also available on this website
How to apply?

41. Rights of a patentee
1. Right to exploit the patent.
 The patentee has a right to prevent 3rd parties, from
exploiting the patented invention.
2. Right to grant license.
 The patentee has a power to assign rights or grant license.
3. Right to surrender.
 The patentee is given the right to surrender the patent by
giving notice in prescribed manner to the controller.
4. Right to sue for infringement (copyright Violation).
 A patentee is given the right to institute proceeding for
infringement of the patent in a district court .

42. Some Examples of Patents:
Human-Machine Collaborative Robotic Systems
U.S. Patent Application No. 20130218340

43. Some Examples of Patents:
Recyclable Cardboard Bicycle
U.S. Patent Application No. 20130076002

44. Some Examples of Patents:
Devices and Methods for Transferring Data Through a
Human Body
U.S. Patent Application No. 20130142363

45. ?
Difference between Research
Publications and Patents?

46. I tried my best to deliver it.
Thanking You for Bearing me.