This presentation discussed about Intellectual Property Right (IPR) and influence of patent and its need and emphasizing the patenting strategy and promotion. Also shown the IPR statistics in India specially patent statistics in subject, state and organization wise. Finally it has been focused about the need of patent search and searching various patent databases.
1. SEMINAR ON PATENT SEARCH AND PATENTING MARCH 24, 2012
NIT Rourkela
PATENT SEARCH: A WAY FOR
INNOVATION
Dr. Y. Srinivasa Rao
NIT Rourkela
March 24, 2012
CONTENTS
• Intellectual Property Right (IPR)
• What is Patent?
• Why Do Need Patents?• Why Do Need Patents?
• Patenting Strategy and Promotion
• IPR Stat in India
• Patents Stat – Subject/State/Organizations Wise
• Patents - World Stat
• Why Do Need a Patent Search?• Why Do Need a Patent Search?
• Patent Databases
• Searching Various Patent Databases
2. SEMINAR ON PATENT SEARCH AND PATENTING MARCH 24, 2012
NIT Rourkela
Intellectual Property Right (IPR)
1999
Trade
1999
product
sign and
symbols
Creations of the mind...........
• Defined as any
original creative
IPR
India
1970
Patent
20 Years
Mark
14 Years
1957
Copyright
60 Years
2000
Industrial
Design
15 Years
(10+5)
1999
Geographic
al Indication
10 Years
shape,
configuration, pattern,
ornament or
literary,
dramatic,
musical,
creative
inventionsgoods as
originating
in the territory
work manifested
in a tangible form
that can be legally
protected.
Two types of IPR
• Industrial Property
2000
Protection
of IC
10 Years
ornament or
composition of lines or
colours applied to any
article
creative
works
layout design
2001
Plant Breeders
Right
10 Years use the seeds from their
own crops for planting the
next crop
• Industrial Property
• Copyright
Used as tool
• to protect creativity
• generate revenue 1959, Jack Kilby (taxas instruments) US 3138743
on IC got noble prize in 2000 in physics for
“method of making miniaturized electrical circuilt”
What is Patent?
Patent is a main source for nation growth and development.
‘Invention’ means a new product or process involving an
inventive step and capable of industrial application -
SecSec..22((11)(J))(J)
New meansNew means
I ti t t b
• A patent is an exclusive right
granted by a country to the owner
of an invention to make, use,
manufacture and market the
i ti id d th i ti Invention must not be ………
• Published in anywhere in India or elsewhere
In prior public knowledge /use within India
• Claimed before in any specification in India
Inventive step……….
• involves technical advance as compared to the
existing knowledge
h i i ifi
invention, provided the invention
satisfies certain conditions
stipulated in the law – India.
• A patent granted by the United
States Government gives the
inventor the right to exclude
others from making, using,
selling, importing, and offering an
• have economic significance
Industrial application means……….
• Invention is capable of being made or used in
any kind of industry
invention for up to 20 years –
USPTO.
the patent system is “the fuel of interest
to the fire of genius.” ‐ Abraham Lincoln’s
1st Indian Sir Jagadish Chandra Bose, who own a patent on “Detector for electrical
disturbances” US 755840 On 29 March 1904 (filed on Sept. 30, 1901)
3. SEMINAR ON PATENT SEARCH AND PATENTING MARCH 24, 2012
NIT Rourkela
Why Do Need Patents?
Patents are imparting knowledge through scientific and technological
advances for the benefit of society
• To promote science and the useful arts (Article
1, Section 8 of the U.S. Constitution )
1st patent
2nd patent, f )
• Social and Economic development of the
country
• Provide incentives to encourage innovation
• Hold high recognition
• To protect inventive works
• To enjoy monopoly rights over invention
• To generate finance (by licensing or selling)
• Scope – broad/narrow, but it should not be
both at the same time
• Characteristics ‐ clear, complete and
Patenting Strategy and Promotion
Claims are boundaries for protecting
the patent
Direct Inputs to encourage
inventions
Need Initiative
Need Education of the Workforce
supported
• Economic viability ‐ product is worth patenting
• Geographical jurisdictions
• Beware of Patent trolls
Need User Education Programs
Need Local Research Infrastructure
Need Technical Expertise
Need a Wide Range of Policies
Need collaboration (Institute to institute or Industry
and Institute relationship)and Institute relationship)
In order encounter those challenges…… need a Patent Search and Retrieval System
5. SEMINAR ON PATENT SEARCH AND PATENTING MARCH 24, 2012
NIT Rourkela
Patents Stat – State/Organizations Wise
State‐wise Patents output during 2006‐2009
Source: CURRENT SCIENCE, VOL. 102, NO. 2, 25 JANUARY 2012
IT‐Madras gets award for highest no. of patents (78) ‐
Source: Times of India, April 30, 2011
Patents - World Stat
Source: European Patent Office website
6. SEMINAR ON PATENT SEARCH AND PATENTING MARCH 24, 2012
NIT Rourkela
Patents – World Ranking
Patent Cooperation Treaty (PCT) international
applications filed by the Indian applicants
Patents granted (most recent) by country
...Source: Annual Report 2009-10
As compared to the previous year it was 15%
decrease
Source: NationMaster.com
IBM ‐ 4,914
Samsung ‐ 3,611
Microsoft ‐ 2,906.
Source: The Economic Times , Jan 14, 2010
Highest number of US patents
The reasons for performing a patent search is…
Why Do Need a Patent Search?
• To discover originality of the patent
• To find out existing literature available in the field of
study
• To know market information
• To track competitors
• To track technology
• To present the idea of patent in structural form
• Opportunity to improve patent product and design No search is 100% complete...........
without violating the previous invention Techniques for search and retrieval
Boolean Search ... By inserting (AND, OR, NOT)
ex. bicycle AND wheel NOT spokes OR seat
Wild card search… by Inserting special characters
such as ‘$’ and ‘?’
In order to achieve the challenges, need a patent search using databases
• Cost
• Quality
• Time
Selection of databases based on the three factors
7. SEMINAR ON PATENT SEARCH AND PATENTING MARCH 24, 2012
NIT Rourkela
Patent Databases
More than one million patents applied worldwide each year.
Wide variety of databases available for patent search & retrieval
Sl.No. Govt. Organizations (Freely Available) Commercial Open Access
E i i Vill 2 P L1 USPTO Engineering Village2 PatentLens
2 EspaceNet (EPO) SciFinder Google Patent Database
3 Japan Patents (IPDL) Delphion Free Patents Online
4 Indian Patent Information Retrieval
System
Patentec (Egypt) IP.com Intellectual Property
Library System y
5 PatentScope (WIPO) Patentstorm (USA)
USPTO's PATFT searches and serves over 70,00,000 patents, all
three types of U.S. patents (utility, design and plant).
• 1976 to present (full-text)
• 1790 to present (entire database)
• 1790 to 1975 search by Issue Date/Patent Number,/Classification
http://patft.uspto.gov
Coverage
See statistics : http://www.uspto.gov/web/offices/ac/ido/oeip/taf/us_stat.htm
8. SEMINAR ON PATENT SEARCH AND PATENTING MARCH 24, 2012
NIT Rourkela
Espacenet offers free access to more than 70
million patent documents worldwide, containing
information about inventions and technical
developments from 1836 to today.
http://www.epo.org/searching/free/espacenet.html
Using PATENTSCOPE you can search 10,621,920 patent
documents including 2,027,182 published international
patent applications (PCT). Detailed coverage information
can be found here (‐>)
Coverage
http://www.wipo.int
"Process and synthesizer for molecular engineering and synthesis of
materials"
9. SEMINAR ON PATENT SEARCH AND PATENTING MARCH 24, 2012
NIT Rourkela
http://www.patentlens.net
Patent Lens is a worldwide, open-access, free full-text patent
informatics resource by Cambia, Australia
Coverage
Process and synthesizer for
molecular engineering and
synthesis of materials
bicycle AND wheel
FPO is home to the world's most
popular patent search engine – a fast,
easy‐to‐use, and reliable service used
by 100's of millions world‐wide since
2004.
http://www.freepatentsonline.com/
Coverage
NOT spokes OR seat
10. SEMINAR ON PATENT SEARCH AND PATENTING MARCH 24, 2012
NIT Rourkela
http://www.google.com/patents Google Patents searches only U.S. Patents. It covers
over 8 million patent s. It has digitized the U.S. TIFF-only
patents into a searchable PDF format.
Coverage
Use of turmeric in wound healing
US 5401504
http://www.engineeringvillage.com/
Engineering Village is a Web-based information service that
offers a wide range of quality resources for information specialists,
professionals, and researchers working in the applied science and
engineering fields.
11. SEMINAR ON PATENT SEARCH AND PATENTING MARCH 24, 2012
NIT Rourkela
https://scifinder.cas.org/scifinder SciFinder is a research discovery tool that covers scientific
disciplines including biomedical sciences, chemistry, engineering,
materials science, agricultural science, and more!
Process and synthesizer for molecular engineering and synthesis of materials
WO 2003076790
Gokaraju
http://ipindia.nic.in/ipirs1/patentsearch.htm
Public Search for Patents
Public Search for Patents (No. 1 ‐ 80000)
Public Search for Patents (No. 80001 to 1,53,697)
Public Search for Patents (No.1,53,698 to 1,69,500)
Public Search for Patents (New Records )