Patent

PATENT
Submitted by
Arpita Tripathy
Tulasi Kumar Nanda

 Patents protect new technologies that
are incorporated into products.
 Ex: the technology used to manufacture
crocs shoes, wrinkle-free fabrics, uv-
filtering textiles that are resistant to fire
and water-repelling textiles.
 Technical innovation can push a fashion
business ahead of the competition
 Patent portfolio could help business
partners and investors
Relevance Of Patents At
Fashion Industry
Source: www.altacit.com

 The patent system may be used to protect
functional and technical innovation in the
fashion industry.
 For example, in the field of wearable
technologies, the zozosuit uses sensor
technology to provide body shape measurements
for online shopping
 Essential to the successful commercialization of
inventions particularly
 Artistic creations cannot be patented, so not
many designers have A need for patents.
 Adding devices to clothing is fast becoming a
trend in this age of technology
Source: www.iipta.com

 Yet technical innovation can equally put a fashion business ahead of the competition.
For example , inventions by Buck Weimer and CSIRO which control odour and body
temperature respectively in garments have been successfully patented.
 Another example, can be Novozymes,
 There are requirements for securing a patent in any jurisdiction is :
(1) The invention must be novel
(2) The invention must be non-obvious
(3) The invention must have industrial application

To be novel, an invention cannot be known or used by others anywhere in the world,
or patented in another country, prior to filing for patent protection. The standard for
determining non-obviousness is whether the invention would “have been obvious at
the time the invention was made to a person having ordinary skill in the art to which
said subject matter pertains.”
 Because so many apparel designs are reworking and are not ‘new’ in the sense that the
patent law requires,” it is unlikely that new fashion designs will be novel or non-
obvious enough to meet the statutory qualifications for patent protection.
Source: www.iipta.com

Source: http://www.ipindia.nic.in

PATENT Amazon's On
Demand Clothing
Manufacturing Warehouse
- YouTube (360p)(1).mp4

Different Types of Patent
Different types of patent applications exist so
that inventors can protect different kinds of
inventions. Savvy inventors can utilize the
different kinds of patent applications to
secure the rights they need to protect their
inventions. There are four different patent
types:
•utility patent
•provisional patent
•design patent
•plant patent
•Process Patent
Source: www.upcounsel.com/patent

What Is a Utility Patent?
A utility patent is the most common type
of patent. The United States Patent
and Trademark Office (USPTO) gives
patents for:
 Machines and devices
 Manufacturing processes or business
systems
 Compositions of matter or chemical
compounds;
 Improvements on earlier patents that
are new, functional, and non-
obvious.

Utility Patents: What Are They?
•Utility patents make up about 90
percent of USPTO.
•Utility patents:
May be electrical, mechanical, or
chemical.
•Provide broad protection for intellectual
property.
•Can protect product variations with
only one patent.
•Claims in a utility patent recite the
essential part of the invention.

Why Are Utility Patents Important?
 Inventors file patents to receive issued claims.
 Utility patents teach others and promote innovation.
 The USPTO gives the patent holder the right to stop others from profiting from the invention.
 Patent holders have exclusive rights to prevent others from selling, making, or using their
inventions.
 Utility patents carry a series of numbered sentences that claim the invention.
Utility patents differ from design patents, which cover a product or invention's appearance. They
can cover all or part of an invention's look or ornament.
Design patents:
•Don't protect an invention's function.
•Don't offer wide-ranging protection, since an inventor can design around them.
•Don't usually protect multiple variations of a product.
•Utility patents also differ from plant patents, which cover new, asexually reproducible plants.

Design Patent: Everything You Need to Know
A design patent is a type of patent that protects the way a
manufactured product looks, but doesn't protect the way a product
works or the mechanical structure.
•Businesses can protect their intellectual property (IP) rights over an
original design by applying for patent protection.
•This should be done before entering the market to prevent a
competitor from copying and profiting from your design.
Design Patent Eligibility
•To be eligible for patent protection, the design must also be useful.
•A method of creating art, such as a painting or photographic
technique, cannot be copyrighted.
•The design must also be repeatable to qualify for patent protection.
•The USPTO issues design patents based on a working object's
ornamentation.

First, you need to consider whether the
design is eligible for patent protection.
One or both of the following criteria must
apply:
•The surface of the item has unique
ornamentation.
•The shape or structure of the object has a
unique design, such as the 1998 Apple
iMac.
The design must also be:
•Completely different from prior art.
•Not obviously derived from other
designs.
•Visible when the product is engaged in
its intended use Digital design patents
cover icons, fonts, and screen layouts for
apps and software programs

Applying for a Design and Utility Patent
 Getting a design patent doesn't prevent you from getting a utility patent.
 Like the design patent, the utility patent is a right of exclusion.
 Utility patents provide stronger protection than design patents.
 This type of protection covers works of art including but not limited to
sculptures, novels, paintings, and musical compositions.

Why Are Design Patents
Important?
Protecting your intellectual property rights
provides both financial and brand security
for your business.
It prevents others from profiting from your
original designs, increasing your potential
market share.
Because your design is part of your brand,
use by competing companies can dilute your
market impact.
Depending on the audience for your product,
you could lose thousands or even millions if
another company steals your design.
Common Mistakes With
Design Patents
Companies sometimes make these
mistakes when they apply for a design
patent:
•Not doing patent research.
•Not protecting how the product works.
•Not including specifics.
•Not speaking with a lawyer.

Provisional Patent
A provisional patent application is a type
of patent application filed with the US
Patent and Trademark Office.
Under US patent laws that went into
effect in 2013, an applicant who is
the first to file a patent application for a
new invention has an effective filing
date over those who file later.
The provisional application is a lower
cost application that allows you to gain
first to file status quickly.
A provisional patent application does not
become a granted patent and is not
examined on its merits. To obtain a
patent on the invention, you must file a
non-provisional patent application.
•A non-provisional patent application is a
highly detailed application that will be
examined by a USPTO patent
examiner and can become a granted
patent.
•A provisional filing must meet US
patentability requirements.
Elements of a Provisional Patent
Application
•Cover sheet
•Written Description
•Drawings
•Fees

Benefits of the Provisional Patent
•Documentation of your interest in the invention
•Lower cost than a non-provisional patent
•Established official USPTO effective filing date
•Allowed use of the “Patent Pending” designation
•Patent confidentiality
•Immediate acceptance of application

Plant Patent
 A plant patent is for newly invented
strains of asexually reproduced plants.
 To be patentable, the plant must have
been asexually propagated.
 Not all countries allow the patenting of
plants, but the USPTO issues a patent
to anyone who has invented,
discovered, or asexually reproduced a
distinctly new kind of plant.
 Plants cultivated using tubers and wild
or uncultivated plants are not
patentable.

Indian Patent Office
Kolkata
Delhi
Mumbai
Chennai
Patent
Enforcement
System
Intellectual Property Appellate Board
Major Roles
• Formulating and implementing rules
• Accepts ,publishes ,examines and grants patents
• Renewal of patents
• Handling of disputes regarding
a) Ownership
b) Pre-grant opposition
c) Post grant opposition
d) Compulsory licensing
High
Court
Supreme
Court
District
Court
Major roles
Hears appeal against the decision of controller [regarding
revocation of patents, opposition etc]
Courts have the responsibility of
judicial enforcement of IPR
Patent Enforcement Flowchart India

Filing of the Application

Steps
To get a patent grant, the first most step is to file
a patent application.
 Who can file a patent application?
 Where to file a patent application?
 How to file a patent application?
Who can file Patent Application
In India [Section 6 and 134]
• The application can be filed either alone or jointly:
 By any person claiming to be true and first inventor(s)
 By any person being the assignee of person claiming to be true and first
inventor(s) ( proof of assignment has to be submitted along with the
application )
 By the legal representative of any deceased person or assignee

Where to file patent
application
The appropriate office of the patent office shall
be the head office of the patent office or the
branch office as the case may be within whose
territorial limits.
Residence of applicant or Domicile; or His the
place of business;
or The place where the invention actually
originated.
• If the applicant has no business or domicile in
India, the address for service in India is given by
such applicant

How to file a patent application?
Documents can be filed in the patent office
 through online( e-filing) or
 www.ipindiaonline.gov.in/online
 through post or
 can be submitted by hand
 Filing of patent application
 Publication after 18 months
 Pre Grant Opposition /Representation by any
person.
 Request for examination
 Examination: Grant or Refusal
 Publication of Grant of patent
 Post Grant Opposition to grant of patent
 Decision By Controller
General Procedure For
Obtaining A Patent

Obtaining A Patent
 File an application for patent
– With one of the patent offices based on territorial jurisdiction of the place of office
or residence of the applicant/agent
– Pay the required fee
 Information concerning application form and details of fee available at
www.ipindia.nic.in
 Guidelines for applicants also available on this site
Formality Check
 An Examiner checks the formal requirements before accepting the application
and the fee-this is done immediately
 Issue of application number and the cash receipt this is done the same day
 In case of receipt of application by post ,cash receipt ,application number is sent
by post within 2-3days

Publication
 Application is kept secret for a period of 18 months from the date of filing
 In 19th month, the application is published in the official journal –this journal is
made available on the website weekly
 Applicant has an option to get his application published before 18months also
 In that case, application is published within one month of the request
Request For Examination
 Application is examined on request
 Request for examination can be made either by the applicant or by a third party
 A period of 48 months ,from the date of filing ,is available for making request
for examination
Examination
 Application is sent to an Examiner within 1 month from the date of request for
examination
 Examiner undertakes examination w.r.t
– Whether the claimed invention is not prohibited for grant of patent
– Whether the invention meets the criteria of patentability

Issue of FER
 A period of 1 to 3 months is available to Examiner to submit the report to the controller
 1 month’s time available to controller to vet the Examiner’s report.
 First Examination Report (FER) containing list of the objections is issued within 6
months from the date of filing of request.
Response from the Applicant
 12 months time from the date of issue of FER , is available to the applicant to meet the
objections
 If objections are met ,grant of patent is approved by the Controller –within a period of
1 month
Pre-Grant Opposition
 After publication, an opposition can be filed within a period of 6 months
 Opportunity of hearing the opponent is also available
Examination of Pre-Grant Opposition
 Opposition (documents) is sent to the applicant
 A period of 3 months is allowed for receipt of response

Consideration of Pre-Grant Opposition
 After examination the opposition and the submissions made during the hearing
,controller may
– Either reject the opposition and grant the patent
– Or accept the opposition and modify /reject the patent application
 This is to be done within a period of 1 month from the date of opposition proceedings
Grant of a Patent
 A certificate of patent is issued within 7 days
 Grant of patent is published in the official journal
Renewal
 Renewal fees to be paid only from the third year onwards and is to be paid before the
expiry of the second year from the date of patent
 Renewal fee is payable only after patent grant. All the renewal fees, which accumulate
before the grant of patent ,are paid upon patent grant and within three months from the
date of recordal (the date ,on which a patent is recorded in the register of patents)
 Six months grace period is available to pay renewal fees on payment of monthly
surcharge. Failure to pay renewal fees leads to cessation of patent on the date on which
the renewal has been due.

Opposition of grant Flowchart

Rights of 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
 A patentee is given the right to institute
proceeding for infringement of the
patent in a distinct court.

Withdrawal Of Patent Application
 The applicant may, at any time after filing the application but
before the grant of a patent, withdraw the application by making a
request in writing and by paying the prescribed fee. However, if
the applicant makes a request for withdrawal within 15 months
from the date of filing or priority of the application, whichever is
earlier, the application will not be published. It is desirable that the
applicant specifies in the request that such withdrawal is under
Section 11A(3)(c).
Restoration
 Application for restoration of a patent that lapses due to non
payment of renewal fees must be made within 18months of lapse.
 The application is to be filed in the appropriate office according to
the jurisdiction

1. For using this Portal click on link 'On-line
Registration for New User'.
2. Complete On-line Registration process for
getting User ID & Password.
3. Login to e-Patent portal after successful
registration. E-filing user manual 16
4. Download Client Software for preparing Patent
Application(s) offline.
5. Complete the Patent Application offline and
generate an XML file using Client Software.
6. After creating Application (XML) file offline,
digitally sign the XML file (Max. file size
permitted 15 MB) for uploading to the IPO Server.
7. Login to e-Patent portal for uploading
Application XML file on IPO Server.
Steps for e-filing of Patent
Application

8. Upload & submit digitally signed XML file to
IPO Server.
9. Process the Application for EFT (Electronic
Fee Transaction).
10. Review Application Status on e-Patent
Portal.
11. On successful EFT, acknowledgement
details would be displayed/ generated.
12. Print the Acknowledgement.
13. Detailed user manual in pdf format is
uploaded on the official website where
Certifying Authority, Authorized Bank,
Prerequisites of e-filing, Procedure and
guidelines of e-filing of Patent Applications are
described in detail. 03
Steps for e-filing of Patent
Application

fees and formsFees.pdf
fees and formsform-1.pdf
fees and formsForm-3-Hindi.pdf
fees and formsform-7a.pdf
fees and formsForm-18A.pdf
fees and formsForm-29.pdf
fees and formsForm-30.pdf
fees and forms1_28_1_manual-of-patent-office-
practice_and-procedure.pdffees and
forms1_70_1_The_Patents_Rules_2003_-
_Updated_till_1st_Dec_2017-_with_all_Forms.pdf
fees and formsPart-1.pdffees and formsPart-
2.pdf
fees and formsPart-3_Designs.pdf
fees and
formslist_of_facilitators_for_patents_22.01.2018.
pdf

INTERNATIONAL PATENT FILING
Paris Convention(1883)
Patent Cooperation Treaty(1970)

Patent Cooperation Treaty
 Filing an international application at Receiving office
 At least one applicant must be a resident of a contracting state to the PCT./ Applicants
from any contracting state may file a application at International Bureau in Geneva
 A international search is made by an authorized International Search Authority.
 The International Search Report(ISR) is provided by the ISA to the applicant after 9
months filing of the application
 The ISR is published together with the PCT application. The written application is
initially confidential, but unless it is superseded by an International Preliminary
report on patentability, within 30 months of the filing date. The ISR is translated in
English.
 The ISR helps the applicant in deciding which national protection to seek and the fees
and other expenses to be paid to enter the national phase in each country.
 In addition to the compulsory international search one optional supplementary search
may be carried out by the International searching Authority.
 The PCT application is published by the International Bureau at the WIPO, in one of
the 10 “languages of publication”.
Source: www.wipo.int/pct/en

 The publication takes place promptly 18 months after the filing date or if a priority
is claimed from the earliest priority date.
 If a priority is claimed from the earliest priority date. There are two exceptions to
this rule. First, a PCT application may be published earlier if the applicant files a
early. Secondly after 18 months after the priority date, the PCT application
designates only the US, then the application is not automatically published.
 From the publication of the PCT application 28 months after the priority date, any
3rd party may file observation regarding the novelty and inventive step of the
invention. The submission may be submitted anonymously, and no fee is due for
filing such observations.
 An international preliminary examination may optionally be requested . The IPE is
conducted by an authorized IPEA and its objective is “to formulate a preliminary
and non-binding opinion on the questions whether the claimed invention appears to
be novel , to involve an inventive step, and to be industrially applicable.
 Finally after 30 months from the filing date of the PCT application or from the
earliest priority date of the application if a priority is claimed, the international
phase ends and the PCT application enters in national and regional phase.
 Any national law may fix time limits which expire later than 30 months.
 If the entry into national or regional phase is not performed within the prescribed
time limit, the PCT application generally ceases to have the effect of a national or
regional application.

The advantages of the PCT are that it:
1. Enables the applicant to delay the expense of filing international patent
applications
2. Provides an examination process that enables the applicant to assess the likely
patentability of the idea before further examination costs are incurred.
3. Provides the applicant with a way to amend and modify the application to put
it in good form for examination before any examination occurs
4. Most countries of interest are PCT members so by filing a PCT application
you preserve rights in numerous countries for at least 30 months and longer if
you then go through the examination process in that country.

Paris Convention
 Allows applicants to file a first application in their home country. That document is
referred to as a priority document or filing, and the date it is filed is called a priority
date
 The priority filing starts a 12-month period within which a further application can be
filed elsewhere, claiming Paris convention priority back to the priority date. To the
extent that the content of the Paris convention application is disclosed in the earlier
priority document, it will be backdated to the priority date.
Advantages
 The 12 month convention period lets the applicant seek funding, perform
market research and turn an idea into a commercial product.
 All of this can be done following a single form without risking a loss of
rights in other countries.

References
 http://www.ipindia.nic.in/
 http://www.wipo.int/pct/en
 http://www.wipo.int/pct/en/training
 https://www.wikihow.com/Apply-for-an-International-Patent
 http://www.ipindia.nic.in/writereaddata/images/pdf/oatent-office-procedures.pdf
 https://www.altacit.com/publication/ipr-in-fashion-industry/
 https://www.iipta.com/new-trend-season-role-ip-fashion-industry/
 https://www.upcounsel.com/utility-patents
 https://www.upcounsel.com/design-patents
 https://www.upcounsel.com/patent
 http://www.ipindia.nic.in/writereaddata/Portal/IPOJournal/1_360_1/part1.pdf

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