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Patent processing, 
filing, and applications 
Presented by: 
N . Sai Jyothy 
256213886032
Definition : 
A patent is a set of exclusive rights granted by 
sovereign state to an inventer or assignee for 
a limited period of time in exchange for detailed 
public discloser of an invention
PATENT PROCEESSING : 
A patent is an exclusive right of its owner to exclude others from making, 
using, or selling the invention as defined in the claims of the patent for a 
period of time, which in the United States is 20 years from the date of 
filing the patent application. The typical process of obtaining a patent on 
an invention is shown here
Patent processing & filling
INTELLECTUAL PROPERTY RIGHTS PATENT 
A patent is a set of exclusive rights granted by a state (national 
government) to an inventor or their assignee for a limited period of 
time in exchange for a public disclosure of an invention. 
The procedure for granting patents, the requirements placed on the 
patentee, and the extent of the exclusive rights vary widely between 
countries according to national laws and international agreements. 
The word patent originates from the Latin patere, which means "to 
lay open" (i.e., to make available for public inspection)
HISTORY OF INDIAN PATENT SYSTEM: 
1856 - 
THE ACT VI OF 1856 ON PROTECTION OF INVENTIONS 
BASED ON THE BRITISH PATENT LAW OF 1852. CERTAIN 
EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF NEW 
MANUFACTURERS FOR A PERIOD OF 14 YEARS. 
1859 - 
THE ACT MODIFIED AS ACT XV; PATENT MONOPOLIES 
CALLED EXCLUSIVE PRIVILEGES (MAKING. SELLING AND 
USING INVENTIONS IN INDIA AND AUTHORIZING OTHERS 
TO DO SO FOR 14 YEARS FROM DATE OF FILING 
SPECIFICATION). 
1872 - THE PATENTS & DESIGNS PROTECTION ACT. 
1883 - THE PROTECTION OF INVENTIONS ACT.
1888 - 
1911 - 
1972 - 
1999 - 
2002 - 
2005 - 
CONSOLIDATED AS THE INVENTIONS & DESIGNS ACT. 
THE INDIAN PATENTS & DESIGNS ACT. 
THE PATENTS ACT (ACT 39 OF 1970) CAME INTO FORCE ON 
20TH APRIL 1972. 
ON MARCH 26, 1999 PATENTS (AMENDMENT) ACT, (1999) 
CAME INTO FORCE FROM 01-01-1995. 
THE PATENTS (AMENDMENT) ACT 2002 CAME INTO FORCE 
FROM 2OTH MAY 2003 
THE PATENTS (AMENDMENT) ACT 2005 EFFECTIVE FROM 
Ist JANUARY 2005
Brief about Indian Patent System 
1. The first legislation in India relating to patents was the Act VI of 1856. The 
objective of this legislation was to encourage inventions of new and useful 
manufactures and to induce inventors to disclose secret of their inventions. 
The Act was subsequently repealed by Act IX of 1857 since it had been 
enacted without the approval of the British Crown . Fresh legislation for 
granting ‘exclusive privileges’ was introduced in 1 859 as Act XV of 1859. 
This legislation contained certain modifications of the earlier legislation, 
namely, grant of exclusive privileges to useful inventions only and extension 
of priority period from 6 months to 12 months. This Act excluded importers 
from the definition of inventor. This Act was based on the United Kingdom 
Act of 1852 with certain departures which include allowing assignees to 
make application in India and also taking prior public use or publication in 
India or United Kingdom for the purpose of ascertaining novelty.
2. In 1872, the Act of 1859 was consolidated to provide protection relating 
to designs. It was renamed as “The Patterns and Designs Protection 
Act” under Act XIII of 1872. The Act of 1872 was further amended in 
1883 (XVI of 1883) to introduce a provision to protect novelty of the 
invention, which prior to making application for their protection were 
disclosed in the Exhibition of India. A grace period of 6 months was 
provided for filing such applications after the date of the opening of 
such Exhibition.
3. The Indian Patents and Designs Act, 1911, (Act II of 1911) replaced all the 
previous Acts. This Act brought patent administration under the management 
of Controller of Patents for the first time. This Act was further amended in 1920 
to enter into reciprocal arrangements with UK and other countries for securing 
priority. In 1930, further amendments were made to incorporate, inter-alia, 
provisions relating to grant of secret patents, patent of addition, use of 
invention by Government, powers of the Controller to rectify register of patent 
and increase of term of the patent from 14 years to 16 years. In 1945, an 
amendment was made to provide for filing of provisional specification and 
submission of complete specification within nine months.
4. After Independence, it was felt that the Indian Patents & Designs Act, 
1911 was not fulfilling its objective. It was found desirable to enact 
comprehensive patent law owing to substantial changes in political and 
economic conditions in the country. Accordingly, the Government of 
India constituted a committee under the Chairmanship of Justice (Dr.) 
Bakshi Tek Chand, a retired Judge of Lahore High Court, in 1949 t o 
review the patent law in India in order to ensure that the patent system 
is conducive to the national interest. The terms of reference included
 to survey and report on the working of the patent system in India; 
 to examine the existing patent legislation in India and to make 
recommendations for improving it, particularly with reference to the 
provisions concerned with the prevention of abuse of patent rights; 
 to consider whether any special restrictions should be imposed on 
patent regarding food and medicine; 
 to suggest steps for ensuring effective publicity to the patent 
system and to patent literature, particularly as regards patents 
obtained by Indian inventors; 
 to consider the necessity and feasibility of setting up a National 
Patents Trust;
 to consider the desirability or otherwise of regulating the profession 
of patent agents 
 to examine the working of the Patent Office and the services 
rendered by it to the public and make suitable recommendations 
for improvement; and 
 to report generally on any improvement that the Committee thinks 
fit to recommend for enabling the Indian Patent System to be more 
conducive to national interest by encouraging invention and the 
commercial development and use of inventions.
PATENT LAW: 
A patent is not a right to practice or use the invention. Rather, a 
patent provides the right to exclude others[13] from making, using, 
selling, offering for sale, or importing the patented invention for the 
term of the patent, which is usually 20 years from the filing date [3] 
subject to the payment of maintenance fees. A patent is, in effect, a 
limited property right that the government offers to inventors in 
exchange for their agreement to share the details of their inventions 
with the public.
TYPES OF PATENTS: 
Utility Patents - new, useful, or improved processes, machines, 
apparatuses, articles of manufacture, or compositions 
of matter 
Design Patents - new, original, and ornamental designs for an article of 
manufacture 
Plant Patents - inventions, discoveries, or asexually reproduced 
distinct and new varieties of plants; including cultivated 
sports, mutants, hybrids, newly found seedlings, and 
living organisms.
Patent processing & filling
PATENT APPLICATION
National applications : 
National applications are generally filed at a national patent office, 
such as the United Kingdom Patent Office, to obtain a patent in the 
country of that office. The application may either be filed directly at 
that office, or may result from a regional application or from an 
international application under the Patent Cooperation Treaty (PCT), 
once it enters the national phase.
Regional applications : 
A regional patent application is one which may have effect in a 
range of countries. The European Patent Office (EPO) is an 
example of a Regional patent office. The EPO grants patents 
which can take effect in some or all countries contracting to the 
European Patent Convention (EPC), following a single 
application process.
International applications : 
(under the Patent Cooperation Treaty) 
The Patent Cooperation Treaty (PCT) is operated by World 
Intellectual Property Organization (WIPO) and provides a 
centralised application process, but patents are not granted under 
the treaty. The PCT system enables an applicant to file a single 
patent application in a single language. The application, called an 
international application, can, at a later date, lead to the grant of a 
patent in any of the states contracting to the PCT. WIPO, or more 
precisely the International Bureau of WIPO, performs many of the 
formalities of a patent application in a centralised manner, therefore 
avoiding the need to repeat the steps in all countries in which a 
patent may ultimately be granted. The main advantage of 
proceeding via the PCT route is that the option of obtaining patents 
in a wide range of countries is retained
Types of applications : 
Patent offices may define a number of types of applications, each 
offering different benefits and being useful in different situations. Each 
office utilises different names for the types of applications, but the 
general groups are detailed below. Within each group there are 
specific type of applications, such as utility patents, plant patents, 
and design patents, each of which can have their own substantive and 
procedural rules.
1 . Standard application : 
A standard patent application is a patent application containing all of 
the necessary parts (e.g. a written description of the invention 
and claims) that are required for the grant of a patent. A standard 
patent may or may not result in the grant of a patent depending upon 
the outcome of an examination by the patent office it is filed in. In the 
U.S., a standard patent application is referred to as a "non-provisional" 
application.
2 . Provisional application : 
Provisional patent applications can be filed at many patent offices, 
such as the USPTO in the U.S. A provisional application provides an 
opportunity to place an application on file to obtain a filing date 
(thereby securing a priority date), but without the expense and 
complexity of a standard patent application. The disclosure in a 
provisional application may, within a limited time (one year in the 
U.S.), be incorporated into a standard patent application if a patent 
is to be pursued. Otherwise, the provisional application expires. No 
enforceable rights can be obtained solely through the filing of a 
provisional application.
3. Continuation application : 
In certain offices a patent application can be filed as a continuation 
of a previous application. Such an application is a convenient 
method of including material from a previous application in a new 
application when the priority year has expired and further refinement 
is needed. Various types of continuation application are possible, 
such as continuation and continuation-in-part
4 .Divisional application : 
A divisional application is one which has been "divided" from an 
existing application. A divisional application can only contain 
subject matter in the application from which it is divided 
(its parent), but retains the filing and priority date of that parent. A 
divisional application is useful if a unity of invention objection is 
issued, in which case the second (and third, fourth, etc.) 
inventions can be protected in divisional applications
 Reference : 
1. N.R Subbaram, what every one should know about patents, 2nd 
Edition, pharma book syndicate, 17:104 (2005) 
2.Guide to patent information for users in india, patent information 
system, nagpur,7:27. 
3. T.T Lang, intellectual property : patent procedure and 
requirements of patentability, parlee Mclaws LLP Barristors and 
soliscitors. 
4. Mark J.Nuell, Are you protected? Some of patent., birch, 
stewart,kolasch and birch, LLP., sep.2003. 
5. Legislative frame work of IP Administration, D.P.S. Parmar, Deputy 
controller of patent and designs. 
6. S. Chandhrashekaran, Overview of IPR patent system and practice.
Patent processing & filling

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Patent processing & filling

  • 1. Patent processing, filing, and applications Presented by: N . Sai Jyothy 256213886032
  • 2. Definition : A patent is a set of exclusive rights granted by sovereign state to an inventer or assignee for a limited period of time in exchange for detailed public discloser of an invention
  • 3. PATENT PROCEESSING : A patent is an exclusive right of its owner to exclude others from making, using, or selling the invention as defined in the claims of the patent for a period of time, which in the United States is 20 years from the date of filing the patent application. The typical process of obtaining a patent on an invention is shown here
  • 5. INTELLECTUAL PROPERTY RIGHTS PATENT A patent is a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention. The procedure for granting patents, the requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. The word patent originates from the Latin patere, which means "to lay open" (i.e., to make available for public inspection)
  • 6. HISTORY OF INDIAN PATENT SYSTEM: 1856 - THE ACT VI OF 1856 ON PROTECTION OF INVENTIONS BASED ON THE BRITISH PATENT LAW OF 1852. CERTAIN EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF NEW MANUFACTURERS FOR A PERIOD OF 14 YEARS. 1859 - THE ACT MODIFIED AS ACT XV; PATENT MONOPOLIES CALLED EXCLUSIVE PRIVILEGES (MAKING. SELLING AND USING INVENTIONS IN INDIA AND AUTHORIZING OTHERS TO DO SO FOR 14 YEARS FROM DATE OF FILING SPECIFICATION). 1872 - THE PATENTS & DESIGNS PROTECTION ACT. 1883 - THE PROTECTION OF INVENTIONS ACT.
  • 7. 1888 - 1911 - 1972 - 1999 - 2002 - 2005 - CONSOLIDATED AS THE INVENTIONS & DESIGNS ACT. THE INDIAN PATENTS & DESIGNS ACT. THE PATENTS ACT (ACT 39 OF 1970) CAME INTO FORCE ON 20TH APRIL 1972. ON MARCH 26, 1999 PATENTS (AMENDMENT) ACT, (1999) CAME INTO FORCE FROM 01-01-1995. THE PATENTS (AMENDMENT) ACT 2002 CAME INTO FORCE FROM 2OTH MAY 2003 THE PATENTS (AMENDMENT) ACT 2005 EFFECTIVE FROM Ist JANUARY 2005
  • 8. Brief about Indian Patent System 1. The first legislation in India relating to patents was the Act VI of 1856. The objective of this legislation was to encourage inventions of new and useful manufactures and to induce inventors to disclose secret of their inventions. The Act was subsequently repealed by Act IX of 1857 since it had been enacted without the approval of the British Crown . Fresh legislation for granting ‘exclusive privileges’ was introduced in 1 859 as Act XV of 1859. This legislation contained certain modifications of the earlier legislation, namely, grant of exclusive privileges to useful inventions only and extension of priority period from 6 months to 12 months. This Act excluded importers from the definition of inventor. This Act was based on the United Kingdom Act of 1852 with certain departures which include allowing assignees to make application in India and also taking prior public use or publication in India or United Kingdom for the purpose of ascertaining novelty.
  • 9. 2. In 1872, the Act of 1859 was consolidated to provide protection relating to designs. It was renamed as “The Patterns and Designs Protection Act” under Act XIII of 1872. The Act of 1872 was further amended in 1883 (XVI of 1883) to introduce a provision to protect novelty of the invention, which prior to making application for their protection were disclosed in the Exhibition of India. A grace period of 6 months was provided for filing such applications after the date of the opening of such Exhibition.
  • 10. 3. The Indian Patents and Designs Act, 1911, (Act II of 1911) replaced all the previous Acts. This Act brought patent administration under the management of Controller of Patents for the first time. This Act was further amended in 1920 to enter into reciprocal arrangements with UK and other countries for securing priority. In 1930, further amendments were made to incorporate, inter-alia, provisions relating to grant of secret patents, patent of addition, use of invention by Government, powers of the Controller to rectify register of patent and increase of term of the patent from 14 years to 16 years. In 1945, an amendment was made to provide for filing of provisional specification and submission of complete specification within nine months.
  • 11. 4. After Independence, it was felt that the Indian Patents & Designs Act, 1911 was not fulfilling its objective. It was found desirable to enact comprehensive patent law owing to substantial changes in political and economic conditions in the country. Accordingly, the Government of India constituted a committee under the Chairmanship of Justice (Dr.) Bakshi Tek Chand, a retired Judge of Lahore High Court, in 1949 t o review the patent law in India in order to ensure that the patent system is conducive to the national interest. The terms of reference included
  • 12.  to survey and report on the working of the patent system in India;  to examine the existing patent legislation in India and to make recommendations for improving it, particularly with reference to the provisions concerned with the prevention of abuse of patent rights;  to consider whether any special restrictions should be imposed on patent regarding food and medicine;  to suggest steps for ensuring effective publicity to the patent system and to patent literature, particularly as regards patents obtained by Indian inventors;  to consider the necessity and feasibility of setting up a National Patents Trust;
  • 13.  to consider the desirability or otherwise of regulating the profession of patent agents  to examine the working of the Patent Office and the services rendered by it to the public and make suitable recommendations for improvement; and  to report generally on any improvement that the Committee thinks fit to recommend for enabling the Indian Patent System to be more conducive to national interest by encouraging invention and the commercial development and use of inventions.
  • 14. PATENT LAW: A patent is not a right to practice or use the invention. Rather, a patent provides the right to exclude others[13] from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 20 years from the filing date [3] subject to the payment of maintenance fees. A patent is, in effect, a limited property right that the government offers to inventors in exchange for their agreement to share the details of their inventions with the public.
  • 15. TYPES OF PATENTS: Utility Patents - new, useful, or improved processes, machines, apparatuses, articles of manufacture, or compositions of matter Design Patents - new, original, and ornamental designs for an article of manufacture Plant Patents - inventions, discoveries, or asexually reproduced distinct and new varieties of plants; including cultivated sports, mutants, hybrids, newly found seedlings, and living organisms.
  • 18. National applications : National applications are generally filed at a national patent office, such as the United Kingdom Patent Office, to obtain a patent in the country of that office. The application may either be filed directly at that office, or may result from a regional application or from an international application under the Patent Cooperation Treaty (PCT), once it enters the national phase.
  • 19. Regional applications : A regional patent application is one which may have effect in a range of countries. The European Patent Office (EPO) is an example of a Regional patent office. The EPO grants patents which can take effect in some or all countries contracting to the European Patent Convention (EPC), following a single application process.
  • 20. International applications : (under the Patent Cooperation Treaty) The Patent Cooperation Treaty (PCT) is operated by World Intellectual Property Organization (WIPO) and provides a centralised application process, but patents are not granted under the treaty. The PCT system enables an applicant to file a single patent application in a single language. The application, called an international application, can, at a later date, lead to the grant of a patent in any of the states contracting to the PCT. WIPO, or more precisely the International Bureau of WIPO, performs many of the formalities of a patent application in a centralised manner, therefore avoiding the need to repeat the steps in all countries in which a patent may ultimately be granted. The main advantage of proceeding via the PCT route is that the option of obtaining patents in a wide range of countries is retained
  • 21. Types of applications : Patent offices may define a number of types of applications, each offering different benefits and being useful in different situations. Each office utilises different names for the types of applications, but the general groups are detailed below. Within each group there are specific type of applications, such as utility patents, plant patents, and design patents, each of which can have their own substantive and procedural rules.
  • 22. 1 . Standard application : A standard patent application is a patent application containing all of the necessary parts (e.g. a written description of the invention and claims) that are required for the grant of a patent. A standard patent may or may not result in the grant of a patent depending upon the outcome of an examination by the patent office it is filed in. In the U.S., a standard patent application is referred to as a "non-provisional" application.
  • 23. 2 . Provisional application : Provisional patent applications can be filed at many patent offices, such as the USPTO in the U.S. A provisional application provides an opportunity to place an application on file to obtain a filing date (thereby securing a priority date), but without the expense and complexity of a standard patent application. The disclosure in a provisional application may, within a limited time (one year in the U.S.), be incorporated into a standard patent application if a patent is to be pursued. Otherwise, the provisional application expires. No enforceable rights can be obtained solely through the filing of a provisional application.
  • 24. 3. Continuation application : In certain offices a patent application can be filed as a continuation of a previous application. Such an application is a convenient method of including material from a previous application in a new application when the priority year has expired and further refinement is needed. Various types of continuation application are possible, such as continuation and continuation-in-part
  • 25. 4 .Divisional application : A divisional application is one which has been "divided" from an existing application. A divisional application can only contain subject matter in the application from which it is divided (its parent), but retains the filing and priority date of that parent. A divisional application is useful if a unity of invention objection is issued, in which case the second (and third, fourth, etc.) inventions can be protected in divisional applications
  • 26.  Reference : 1. N.R Subbaram, what every one should know about patents, 2nd Edition, pharma book syndicate, 17:104 (2005) 2.Guide to patent information for users in india, patent information system, nagpur,7:27. 3. T.T Lang, intellectual property : patent procedure and requirements of patentability, parlee Mclaws LLP Barristors and soliscitors. 4. Mark J.Nuell, Are you protected? Some of patent., birch, stewart,kolasch and birch, LLP., sep.2003. 5. Legislative frame work of IP Administration, D.P.S. Parmar, Deputy controller of patent and designs. 6. S. Chandhrashekaran, Overview of IPR patent system and practice.