Concepts Related to Patents

7/31/2019 Concepts Related to Patents

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GUIDED BYDr. Dheeraj T. Baviskar

CO-GUIDED BYMr Mangesh K. Sapate

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Contents:

Introduction

Types of Patents

Criteria for Securing a Patent Procedure for Securing a Patent

Documents Required to File a Patent

Standard Format for Preparing aSpecifications For Patent

References2


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Introduction

Definition of Patent

It is a monopoly with exclusive rights.

A grant by the Government given for disclosing a new

invention.

For limited period of time (20 Yrs)

A patent is a set ofexclusive 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 ofan invention

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Objectives of Patent System

To encourage inventions.

To breed inventions.

To update industrial development by working of

patented inventions on commercial scale.

Avoiding reinventing wheel.

To contribute to the development of industries,

promotion of the technological innovation.

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Advantages of Patenting

Avoids duplication of research.

Keeps abreast with latest development in different fields

of technology.

Helps industry to improve existing technology to

produce cheaper & better product.

Serves as an indicator of achievements in R & Dinstitutions and ability of individual researcher.

Helps to frame business strategy according to trend of

technology. 5


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Types of Patent

Mainly there are three types of Patents

viz...

1. Ordinary Patent.

2. A Patent of addition.

3. A Patent granted under convention

agreement.

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1. Ordinary Patent A Patent granted based on the ordinary application

made.

2. A Patent of addition

The application is made for the improvement ormodification described in main invention.

If modification is a kind of new invention, thecontroller may add it as the addition withpermission of the patentee.

The term is same as that main invention

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No any renewal fees shall be payable in respect of

Patent of addition.

If any such Patent becomes an independent Patent,same fees will be payable for that, under the same

date.

3. A Patent Granted underConvention Agreement

An application made in a convention country.

It is filed under section 135.

It has to be made within 12 months from the date of

first application made in convention country, in respect

of that invention. 8


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Criteria for Securing a Patent

Whenever an invention is Patentable, it should be

technical and possess three basic

characteristics

New Product or Process (Novelty).

Involving Inventive Step (Non-obviousness).

Capable of Industrial Application (Utility).

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New Product or Process(Novelty)

The invention must be new one.

Should not be known or published anywhere in theworld on the date of filling of an application.i.e. Novelty is not something which can be proved orestablished, only its absence can be proved.

Should not be in prior public knowledge or priorpublic use with in India or in the World.

Should not be claimed before in any specification in

India or elsewhere. 10


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Non-obviousness

The invention posses sufficient inventive steps.

i.e. invention that involves technical advance as

compared to existing knowledge or having economicsignificance or both.

That makes invention not obvious to a person skilledin the same art.

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Utility (Industrial Applicability)

It is essential that subject matter have some practical

application.

Theorems and algorithms are not included in

patentability.

Industrial applicability means a technical activity on a

certain scale.

It also explained that it can be reproduced. The main characteristics of this industrial applicability

is that, it has its commercial use.

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Prior Art It also known as state of art which has some

background. (Historical background of relatedinvention)

If any invention has been described in prior art, then

that Patent on that invention is not valid.

Information which is kept secrete for instance as a trade

secrete is not a prior art.

It gives information about the sufficient description of

any invention to inform an average worker in the field.

It generally does not include unpublished work or

mere conversations.

Traditional knowledge may constitute a prior art. 13


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Provisional Specification

Secures priority date. May be filed as soon as Patentable idea comes in

mind.

Discloses essential featuresof invention. Patent is granted on complete specification only. Time limit to File C.S. is 12 Months From P.S.

Complete specification discloses the bestmethod of performing the invention andend with claims defining the scope of the

invention. 14


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Procedure for Securing a Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

EXAMINATION U/S 12

GRANT OF PATENT

After 18 months from P.D.

Within 48 months of F.D.

All objections to be completed

within12 months

If P.S. is filed C.S. to be filed

within 12 months

FILING OF APPLICATION ALONG WITH P.S.

Refusal of Representation

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Documents Required to File aPatent

Application form in duplicate. Provision or complete specification in duplicate. Drawing in duplicate (if necessary). Abstract of an invention in duplicate. Information and undertaking listing the number,

filing date. Priority document in conventional application. Power of attorney (if filed through Patent agent) Fees (to be paid in cash/ by cheque/ demand

draft).

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Standard Format for Preparing

a Specification for Patent Field of invention.

Background of the invention.

Description of the prior art.

Draw backs of prior art.

Objective of invention developed.

Summary of the invention with essential new features.

Detailed description of the invention.

Advantages of the invention.

Statement of claims defining the scope protection.

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References

Subbaram,N.R.,What Everyone Should Knowabout Patents, Pharma Book Syndicate,Hyderabad, 17.

Raghvan, S., Patenting in India, module 2nd,NALSAR University of Law, Hyderabad, 14-15.

Raghvan, S., Introduction to IPR and Patents,

module 1st, NALSAR University of Law,Hyderabad, 22-25.

The Patent Act 1970, Professional BookPublishers, Delhi, a3-a7.

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