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Transcript of Patent & Drafting exercise
Sardar Vallabhbhai Patel Institute of Technology, Vasad
1
Patent and Drafting Exercise
SVIT-Vasad
Prepared By:Mitali Sonar
Sardar Vallabhbhai Patel Institute of Technology, Vasad
2 Main Outline Intellectual Property Right What is Patent? Few Examples of Patent What can be and cant be Patented? Patent search Drafting of Patent Application Patent Filing Process
Sardar Vallabhbhai Patel Institute of Technology, Vasad
3 IPR are the rights
given to persons over the
creations of their minds
E.g. for inventions; literary and
artistic works; designs; and
symbols, names and images
It enable people to earn the
recognition or financial benefit from
what they invent or create
Sardar Vallabhbhai Patel Institute of Technology, Vasad
4 Intellectual Property Right (IPR)
Sardar Vallabhbhai Patel Institute of Technology, Vasad
5
Trademark
Sign capable of distinguishing the goods or services of one enterprise from other enterprises
Copyright The rights that creators have over their literary and artistic works. (Books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps)
Plant breeders right
Rights granted to the breeder of a new variety of plant
Intellectual Property Right (IPR)
Sardar Vallabhbhai Patel Institute of Technology, Vasad
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Industrial designs
A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color
Geographical indications
Signs used on goods that have a specific geographical origin and possess qualities, a reputation
Trade secret Its a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information which is not generally known
Intellectual Property Right (IPR)
Sardar Vallabhbhai Patel Institute of Technology, Vasad
7 What is Patent ?
It’s a exclusive
Grant of property right to the inventor
For a limited period of time
It prevent others from
Using, selling or manufacturing the patented
invention during period of patent protection
Sardar Vallabhbhai Patel Institute of Technology, Vasad
8 What is Patent ? A Patent is for an invention Invention
May either for Product or Process Should have Innovativeness (novelty)
Involving an Inventive steps Capable of Industrial application
Fig. 1. Invention
Sardar Vallabhbhai Patel Institute of Technology, Vasad
9 Few Categories of Product Patent
Product means any object that is manufactured. Following are the few categories of product patent
•Carpet designs•Clothing accessories & designs•Cosmetics•Electrical inventions•Electronic circuits
•Food inventions•Fabrics & fabric design•Furniture design•Jewelry•Machines•Computer software (software functions which uses algorithms and mathematics, if it produces some concrete and useful results)
Sardar Vallabhbhai Patel Institute of Technology, Vasad
10 Examples of Product Patent An Antistatic Carpet Dust (Carpet Design) Double-Layer Sound Absorbing Carpet For Automobile
(Carpet Design) Infant clothing and accessories with permanent teething
element (Clothing Design) Removable decorations for clothing (Clothing Accessories) Cosmetic facial wrinkle moisturizer instrument
(Cosmetics) Stepper motor with integrated brake and drive circuit
(Electrical Inventions) Variety of Tropical Mango (Food Inventions) A Food Processor Steamer Components (Food Inventions)
Sardar Vallabhbhai Patel Institute of Technology, Vasad
11 Examples of Product Patent (Cont..)
A new fire escape curtains (Fabric) One Kind Of Foldable Table Legs (Furniture) A Simple Collapsible Chairs (Furniture) Digital Necklace Pendant (Jewelry) Vacuum Heat Pump Clothes Drying Method And
Dryer (Machines) Online Cloud Transcoding Service System Software
(Software) Software Configurable Network Switching Device
(Software)
Sardar Vallabhbhai Patel Institute of Technology, Vasad
12 Process Patent A process or method for producing a useful,
concrete, and tangible result Following are the few areas/ disciplines /industry for
process patents e.g. Genetic engineering
• E-commerce and internet innovations• An investment model• Business model• Insurance, banking and tax compliance models• Chemical formulas
Sardar Vallabhbhai Patel Institute of Technology, Vasad
13 Examples of Process Patent Gene targeting and genetic modification of plants via
rna-guided genome editing (Genetic Engg) Product pricing in e-commerce (E-commerce) E-Commerce Consumer-Based Behavioral Target
Marketing Reports (E-commerce) Wireless internet gateway (Internet) Nationwide table routing of voice over internet protocol
(VOIP) emergency calls (Internet) Asset allocation, rebalancing, and investment
management system (Investment) Service delivery platform and development of new
client business models (Business Model)
Sardar Vallabhbhai Patel Institute of Technology, Vasad
14 Examples of Process Patent (cont..)
Out-of-sequence endorsement processing in
insurance policy management system (Insurance)
International banking system and method (Banking)
Personal online banking with integrated online
statement and checkbook user interface (Banking)
Method for managing tax return information (Tax)
Thermoplastic resin composition (Chemical )
Sardar Vallabhbhai Patel Institute of Technology, Vasad
15 How to define Invention ? Its defined as
• New and original solution to a technical problem• Solving unsolved problems of unaddressed issues• The creation of
• An entirely new device,• Product, method or process
• May simply be an incremental improvement to a known product or process.
Merely finding something that already exists in nature generally does not qualify as an invention
Sardar Vallabhbhai Patel Institute of Technology, Vasad
16 What can be Patented? A feature of an invention that
Involves technical advancement
Must be capable of being made or used in any
industry
New product or process
Which has not been anticipated by
• Publication in any document
• Used in the country or in the world
Sardar Vallabhbhai Patel Institute of Technology, Vasad
17 What can’t be Patented ? Simple arrangement or re-arrangement or duplication
of known devicesExamples: Umbrella with fan
Bucket fitted with torch Scientific theories and mathematical methods Methods for performing mental acts / games / business Presentations of information/ Artistic creations Mere admixtures and processes thereof Law of nature Methods of treatment by surgery or therapy of the human
or animal body Diagnostic methods practiced on the human body
Sardar Vallabhbhai Patel Institute of Technology, Vasad
18 Patent Filing Scenario
Sardar Vallabhbhai Patel Institute of Technology, Vasad
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First to file (FTF) and first to invent (FTI)
Do you possess Patentable Invention?
What does it mean for inventors?In the past, the Patent Office granted a patent to whoever invented it first. Now, the patent will go to whoever filed the application first.
Sardar Vallabhbhai Patel Institute of Technology, Vasad
20 Patent Search Where we can search for already published patents? Following are the site where we can find out
published patent Indian Patent office’s Website :
http://www.ipindia.nic.in/ European Patent office’s (EPO) patent database’s
(Espacenet) Website : https://www.epo.org/searching.html
World Intellectual Property Organization's (WIPO) patent database’s Website : https://patentscope.wipo.int/search/en/search.jsf
Sardar Vallabhbhai Patel Institute of Technology, Vasad
21 Indian Patent Database Home page of Indian Patent Office Website:
http://www.ipindia.nic.in/
Sardar Vallabhbhai Patel Institute of Technology, Vasad
22 Indian Patent Database Click on patent
Sardar Vallabhbhai Patel Institute of Technology, Vasad
23 Indian Patent Database Click on granted Patents/ Published Application
to search for patents
Sardar Vallabhbhai Patel Institute of Technology, Vasad
24 Indian Patent Database You can search a Patent by Title Of Invention,
Abstract, Application Number, Applicant Address, Patent No. , Date Of Filing, Inventor Name, Date Of Grant, Publication Date.
Sardar Vallabhbhai Patel Institute of Technology, Vasad
25 European Patent Database Espacenet Open homepage and click on open Espacenet at
EPO
Sardar Vallabhbhai Patel Institute of Technology, Vasad
26 European Patent Database Espacenet
Click on Advancesearch
Sardar Vallabhbhai Patel Institute of Technology, Vasad
27 European Patent Database Espacenet No. of Results/Hits getting with specified Search String used
Sardar Vallabhbhai Patel Institute of Technology, Vasad
28 WIPO Patent Database Search National/International Patent Collections on WIPO database Website athttp://patentscope.wipo.int/search/en/search.jsf
Sardar Vallabhbhai Patel Institute of Technology, Vasad
29 WIPO Patent Database Click on advanceSearch to search Patents of differentregions
Sardar Vallabhbhai Patel Institute of Technology, Vasad
1. Ordinary Application (Provisional / Complete)
2. Convention Application (Forign countries)
3. PCT ( Patent Corporation treaty) International
Application (if 12 months complete then grant 30
months for decision)
4. PCT National Phase Application ( Select country for
filing)
5. Application for Patent of Addition (if editation required
for rejected patent)
6. Divisional Application
Types of Patent Application
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Sardar Vallabhbhai Patel Institute of Technology, Vasad
31 How to Draft a Patent Application ?
Sardar Vallabhbhai Patel Institute of Technology, Vasad
32 Precautions To Be Taken Before Drafting
VERIFY THE FOLLOWING: Is invention patentable ?Conduct search Has it been published?Ascertain whether complete or provisional is to be
filedEnlist problems in prior art What is the problem sought to be solved by the
invention? What is the novelty? Is the solution obvious?
Sardar Vallabhbhai Patel Institute of Technology, Vasad
33 Drafting of patent applications Patent application is analogous to
a contract between inventor & government Patent application drafting is like
Writing a technical or scientific paper Patent application starts with patent specification
• Description discusses the invention• Claims define boundary of monopoly
Sardar Vallabhbhai Patel Institute of Technology, Vasad
34 Patent Specification- Description Specification shall
Fully and particularly describe the invention Its operation/ use/ method
Contents are
1. Title
2. Field of the Invention & Background of Invention
3. Use of Invention : A brief statement
4. Prior Art details
5. Objects of Invention
6. Detailed description of Invention
7. Best method of working of the invention
8. Statement of claims
Sardar Vallabhbhai Patel Institute of Technology, Vasad
35 Patent Specification- Description (Cont..)
TITLE • A concise statement providing the core of the invention
FIELD OF THE INVENTION
• Provides utility• Sometimes used as a tool for search in
the absence of abstract BACKGROUND
• Technical background of invention
PRIOR ART • A brief write-up of what is known before the invention
• The problems associated with each of the known art
• Describes the problem proposed to be solved by the invention
Sardar Vallabhbhai Patel Institute of Technology, Vasad
36 Patent Specification- Description (Cont..)
OBJECTS • Purpose of the invention• Essential aspects and optional aspects.
DETAILED DESCRIPTION
• Describes the invention with examples Text/illustration/tables/graphs/diagrams…
• Best mode of performing the inventionSTATEMENT OF CLAIMS
• The main claim or claims in verbal agreement
• The main claim defines the essential features
• sub-claims define the preferred / optional / additional features
Sardar Vallabhbhai Patel Institute of Technology, Vasad
37 GTU innovation council PSAR
Sardar Vallabhbhai Patel Institute of Technology, Vasad
38 GTU innovation council PSAR
Sardar Vallabhbhai Patel Institute of Technology, Vasad
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Sardar Vallabhbhai Patel Institute of Technology, Vasad
40 Patent Specification- Claim Claims are the legally operative part of a patent
application It defines
• The matter for which protection is required• The essential / preferred / optional / additional
features• Monopoly to be conferred by the patent
They Refer to
Physical Entity Activity
Product System Device UseProcessMethod
Sardar Vallabhbhai Patel Institute of Technology, Vasad
41 Drafting the Claim
Describe (“limit”) each of the identified elements.
Limitations necessarily inherent in an element
need not be explicitly introduced.
For example, a square necessarily has 4 equal
sides.
Describe the relationships between the elements
Sardar Vallabhbhai Patel Institute of Technology, Vasad
42 Structure of claimo Preamble
Sets up general technical environment Defines a work piece, or states a purpose or use for
the inventiono Transitional phrase
“comprises of”, “consisting of”, “consisting essentially of”
o Main body Lists main components of the invention in a legal form List the elements of the composition or method of the
claimed invention.
Sardar Vallabhbhai Patel Institute of Technology, Vasad
Example: The invention
A ball that is fun to use, easy to catch and looks nice.
How can you protect it from imitation?
• "Fun to use" → cannot be protected• "Looks nice" → registered design• "Easy to catch" = technical function → patent
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Sardar Vallabhbhai Patel Institute of Technology, Vasad
How to patent this invention: claim it!
Making a ball "easy to catch" is a technical problem. Problems cannot be patented – but specific solutions can! What is the technical feature that makes the ball easy to catch?
Patent Claim: "A ball that is easy to catch."
Patent Claim: "A ball comprising a core region and plural elastomeric filaments radiating from the core region."
You don’t want anyone circumventing the patent by replacing the ball shape with something else!
Patent Claim: "An amusement device comprising a core region and plural elastomeric filaments radiating from the core region."
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Sardar Vallabhbhai Patel Institute of Technology, Vasad
Claim to protect the inventionClaim to be filed:
"An amusement device comprising a core region and plural elastomeric filaments radiating in plural angularly offset planes from the core region."
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Sardar Vallabhbhai Patel Institute of Technology, Vasad
46 Patent life CycleProvisional
patent. The date on which patent is
filing.
Patent Examine
stage. Decide whether
granted or not
Complete Patent. After 12
months of giving
specificationPublication
.
After granting
claim rights
given for 20 years
After 20 years
anybody can use it
Sardar Vallabhbhai Patel Institute of Technology, Vasad
47 Provisional & Complete Specification
Provisional Patent Specification
Complete Patent Specification
To establish Priority of the invention in case of disclosed invention is only at conceptual stage
A delay is expected in submitting full and specification description
No patent is granted on the basis of provisional specification
It’s a document in which all the details of the invention for which patent protection is desired are disclosed
Sardar Vallabhbhai Patel Institute of Technology, Vasad
48 Main steps of Patenting Procedure
Sardar Vallabhbhai Patel Institute of Technology, Vasad
49 Patent Offices in India Head office is at Kolkatta Other offices are at……
Delhi Chennai Mumbai
Sardar Vallabhbhai Patel Institute of Technology, Vasad
50 Regional Patent Office’s Jurisdiction
Sardar Vallabhbhai Patel Institute of Technology, Vasad
51 Filling Provisional Patent Form–1:
• Application for Grant of Patent Form- 2:
• Application with Provisional Specification Form-3 :
• Statement and Undertaking regarding foreign filing Form-26:
• Form of authorization of Patent Agent OR • Power of Attorney form on non-judicial stamp paper
Proof of Right of Assignment (In favor of applicant by Inventor)
Sardar Vallabhbhai Patel Institute of Technology, Vasad
52 Filing of Complete application Form–1: Application for Grant of Patent Form- 2: Application with Complete Specification Form-3 : Statement and Undertaking regarding foreign
filing Form-5: Declaration as to Inventor ship Form-9: Request for express publication From-18: Request for examination Form-26:
• Form of authorization of Patent Agent/Patent Attorney• Power of Attorney form on non-judicial stamp paper
Proof of Right of Assignment (In favor of applicant by Inventor)
Sardar Vallabhbhai Patel Institute of Technology, Vasad
53 Fees for Provisional Application
Fees Form–1 Form- 2 Form-3 Form-26
Nat. Person
1000/-+ 100/- (>30 pages)
-NA- + 100/- (>30 pages)
No Fee No Fee
Legal entity
4000/-+ 400/- (> 30 pages)
-NA- + 400/-(> 30 pages)
No Fee No Fee
Sardar Vallabhbhai Patel Institute of Technology, Vasad
Fees for Complete application15
Form\Fees Nat. Person Legal entityForm-1 1,000/-
+ 100/- (>30 pages)+ 200/- (>10 claims)
4,000/-+ 400/- (>30 pages)+ 800/- (>10 claims)
Form-2 -NA-+ 100/- (>30 pages)+ 200/- (>10 claims)
-NA-+ 400/- (>30 pages)+ 800/- (>10 claims)
Form-3 No Fee No FeeForm-5 No Fee No FeeForm-9 2,500/-* 10,000/-*
Form-18 2,500/- 10,000/-Form-26 No Fee No Fee
Sardar Vallabhbhai Patel Institute of Technology, Vasad
55 E filing of the Patent E-filing is a service provided by the Intellectual
Property Office, India to apply for a Patent on-line
Benefits of e-Filing? Receive a Patent application number immediately On-line verification to assure error-free filing Speed up the registration process Print the completed application data and receive
fee acknowledgement Save the data locally in PC
Sardar Vallabhbhai Patel Institute of Technology, Vasad
56 Who can file a patent application on-line?
- Any Individual (Indian national or foreigner)
- Registered Patent Agent
- Proprietor
- Organization
Sardar Vallabhbhai Patel Institute of Technology, Vasad
57 Digital Signature Certificate The Information Technology (IT) Act, 2000 provides
for use of Digital Signatures on the documents submitted in electronic form in order to ensure the security and authenticity of the documents filed.
You may obtain your Class III DSC (Digital Signature Certificates) from the following Certifying Authorities in India :
(n) Code Solutions TCS Safe Script
Sardar Vallabhbhai Patel Institute of Technology, Vasad
58 E filing of the patent Step 1: Acquire Class 3 Digital Signatures
Class 3 Digital SignaturesTCS
Code solutions
Safe Script
Sardar Vallabhbhai Patel Institute of Technology, Vasad
59 Step 2: Do Online Registration
Sardar Vallabhbhai Patel Institute of Technology, Vasad60
Step-3: Login into the System
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Sardar Vallabhbhai Patel Institute of Technology, Vasad61
Step 4: Download The client software
Step-4: Download client software
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Sardar Vallabhbhai Patel Institute of Technology, Vasad
62 The Detailed Steps are as follow
Sardar Vallabhbhai Patel Institute of Technology, Vasad
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Sardar Vallabhbhai Patel Institute of Technology, Vasad64
Step-5: Create New Application
64
Sardar Vallabhbhai Patel Institute of Technology, Vasad
65 Click on 1st button ‘ Create New Application’ to create new application & the following screen is displayed
Sardar Vallabhbhai Patel Institute of Technology, Vasad
66 At the bottom of form there are buttons to attach documents (like Complete Specification, Drawings, Priority Documents, Translation of Priority documents, Statement and Undertaking (Form-3), Power of attorney, Declaration of Inventor-ship (Form-5))
Sardar Vallabhbhai Patel Institute of Technology, Vasad67
Step-6: Upload digitally signed New Application [.xml]
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Sardar Vallabhbhai Patel Institute of Technology, Vasad68
Step-7: Payment of Fee (EFT/Credit card)
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Sardar Vallabhbhai Patel Institute of Technology, Vasad69
Step-8: Generate & Print Acknowledgment
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Sardar Vallabhbhai Patel Institute of Technology, Vasad
“Innovation is a journey from mind to market,
Concept to commercialization.”
3Ps PrinciplePATENT PUBLISH PROSPER
70 Take Home Message…
Sardar Vallabhbhai Patel Institute of Technology, Vasad
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