2. PATENTS
What is a patent?
Patent is a grant for an invention by the government to the
Inventor in exchange for full disclosure of the invention to debar
others to exploit the invention for commercial success for a
limited period within the geographical boundaries.
Advantages:
Scientific & technological knowledge not kept secret.
Publication of details stimulates other inventive minds.
Rewards the inventive mind by giving the patentee a
legal monopoly to make use of his invention to his
economic benefit.
Each country has its own patent laws and one must file
application in each country where the patent protection is
sought.
3. Patents Act, 1970
Amended in
1999
2002
2005
Laws and Regulations in India
Patents Rules,
2003
Amended in
2005
2006
4. An invention must relate to a PROCESS or PRODUCT or both and satisfy the
following conditions:
What is an INVENTION?
• Must not be published previously.
• Must not be in prior public knowledge or
prior public use.
NOVELTY
• It must involve an inventive step not
obvious to a person skilled in the art.
INVENTIVENESS/
NON OBVIOUSNESS
• Must be capable of being made or used in
any industry.
• Patent not granted for an invention devoid
of utility.
INDUSTRIAL
APPLICATION
5. Frivolous inventions & inventions contrary to well established natural laws.
• Machines that give more than 100% performance.
Intended use of invention is contrary to law/morality or injurious to public health.
• Gambling machine
• Device for house breaking
• Biological warfare material, weapons of mass destruction.
Laws of nature/Mere discovery of scientific principles/Formulation of abstract theory.
• Wind, gravity, Newton’s laws, Raman effect
Discovery of any living or non living substance occurring in nature.
• Discovery of microorganisms.
• Discovery of natural gas or a mineral.
What CAN’T be patented?
6. What CAN’T be patented?
Substance obtained by mere admixture (Only aggregation of properties)
• Combiflam [Paracetamol (Antipyretic) + Brufen (analgesic)]
• However, synergistic formulations are patentable.
Mere arrangement or rearrangement of known devices .
• A clock and radio in single cabinet.
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.
• New use of Asprin for heart ailments
• Mere new uses of Neem.
Inventions relating to atomic energy
7. Stages : From Filing To Grant Of 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
8. PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
Revocation/Amendment
POST GRANTOPPOSITION
PROMPTLY AFTER 18 MONTHS
WITHIN 48 MONTHS
ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
IF P.S. IS FILED C.S. TO BE FILED WITHIN 12MONTHS
WITHIN 12 MONTHS
FILING OF APPLICATION
(Provisional / Complete Specification)
Decision of Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board
9. Patent Specifications
There are two types of patent documents usually known as PATENT SPECIFICATIONS:
Provisional Specification Complete Specification
Usually filed to establish priority of
invention.
When invention is at conceptual stage
and delay is expected in submitting full
description.
Has to be followed by complete
specification.
Improvements effected during course
of development of details of the
invention can be incorporated in the
complete specification.
The inventor can test commercial
possibilities, can abandon the
application if not found to be
commercially viable.
Has to be filed within 12 months from date
of filing of provisional specification.
CS should satisfy the following conditions:
1.Full description of invention, its operation
or use & the method by which it is to be
performed.
2. Disclose the best method of performing
the invention for which the applicant is
entitled to claim protection.
3. End with a claim or claims defining the
scope of the invention for which protection is
Claimed.
10. 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 is
made available
on the website
weekly
Applicant has
an option to
get his
application
published
before 18
months.
In that case,
application is
published
within one
month of the
request
11. 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.
12. Examination
Application is sent
to an examiner
within 1 month
from the date of
request for
examination
Examiner
undertakes
examination with
respect to :
Whether the claimed invention is
not prohibited for grant of patent
Whether the invention meets the
criteria of patentability
13. Issue Of FER & Applicant’s response
• 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 gist of the objections is
issued within 6 months from the date of filing of request
• 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
16. Grant of Patent In India
Revocation Of Patent
Patent Term
Once approved, a certificate of patent is issued within 7 days.
Grant of patent is published in the official journal.
Any patent which is granted will be valid for a maximum term of 20 years
from the date of filing or priority, whichever is earlier.
However, to keep the patent active for the said 20 years, the patent should be
renewed every year.
Revocation of patent is cancellation of the patent grant.
Once the patent is granted by the controller, if any person desires to cancel
the patent then he has to file a revocation petition before the High Court.
The grounds for such a petition have been mentions under Section 64 of
Patents Act
17. Renewal Fee
To be paid within 3+6 months from date of recording in the
register [sec 142 (4) ].
No fee for 1st and 2nd year.
Renewal fee, on yearly basis, is required to be paid for 3rd to
20th for keeping the patent in force.
Delay upto six months from due date permissible on payment of
fee for extension of time .
Patent lapses and becomes public property if renewal fee is
not paid within the prescribed period. Thereafter, it cannot be re-
patented as novelty of invention is lost.
18. Infringement
An infringement may
occur where the
accused infringer has
made, used, sold,
offered to sell, or
imported a patented
invention without the
consent of the owner.
A patent is infringed
even if it infringes a
single independent
claim in a patent.
19. TYPES
OF
INFRINGEMENT
INDIRECT
DIRECT
To make, use, or sell the
patented invention without
permission from the
patentee.
To actively encourage
another to make, use, or sell a
patented invention without
permission.
CONTRIBUTORY
INDUCED
Knowingly sell or supply a part
or
component of the patented
invention to another.
Act of actively inducing
another to infringe a patent.
20. Is It Possible To Get a World Wide Patent?
In the current state of the international patent system, no.
There is no one patent that covers every country in the world, or even a
large number of the countries of the world. The patent system is still a
territorial system; in order to be protected in a particular country, you
have to be granted a patent in that country.
However, there is an international agreement administered by WIPO
called the Patent Cooperation Treaty (PCT), for the filing, searching,
publication and examination of international applications. The PCT
makes it easier to obtain patents in the Contracting States by providing
for the filing of one international application, which may be
subsequently prosecuted in the different designated national or
regional Offices of States party to the PCT. However, even under the
PCT, the granting of patents is left to those designated Offices.
21. COPYRIGHT
Copyright may be applied to
Literature –
•Fiction and non-fiction, books and journals
Artistic works
Music
Broadcasts
Internet content
It gives the author or artist control over the use
and publication of their material.
It confers both economic and moral rights.
22. Cannot Copyright
Titles, names, short phrases, and slogans; familiar
symbols or designs; mere listings of ingredients or
contents
Ideas, procedures, methods, systems, processes,
concepts, principles, discoveries, or devices
Standard calendars, height and weight charts, tape
measures and rulers, and lists or tables taken from
public documents
23. Copyright Criteria
•ORIGINAL WORK IN TANGIBLE MANNER.
•NOTHING TO DO WITH QUALITY.
•AUTHORS UNIQUE EXPRESSION.
•NO COPYRIGHT OF IDEA ONLY EXPRESSION.
24. Fair Use
Fair use is one of the exceptions in copyright which allows use of
copyrighted materials without obtaining permission as long as the use can be
considered fair.
There is a four-factor analysis which must be applied to each use to
determine whether the use is fair.
• Addresses the character and purpose of the use of
the work.
First Factor: Purpose and
Character
• Looks at the creativity of the work. Creative works
have more protection than factual ones.
Second Factor: Nature of
Work
• Looks at the amount of the work that is being usedThird Factor: Amount
• Takes into account how the intended use would
impact the market for the work.
Fourth Factor: Market
Effect
25. Infringement
Copyright infringement (or copyright violation) is
the unauthorized or prohibited use of works
covered by Copyrights Act, 1957 (Amended in
1999)
Three elements that must be in place in order for
the infringement to occur.
1.The copyright holder must have a valid
copyright.
2.The person who is allegedly infringing must
have access to the copyrighted work.
3.The duplication of the copyrighted work must
be outside the exceptions.
26. TRADEMARKS
A trademark is a type of
intellectual property.
Typically a name, phrase
word, logo, symbol, design,
image and a combination of
these elements that
distinguish & identify good
from others.
