PATENT.ppt

7/28/2019 PATENT.ppt

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PATENTForm of IP

Shweta Singh


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What is a patent?

A patent is the right granted by the

government to exclude for a limited time

others from practicing the protected invention

(i.e., infringing the patent).

The patent holder may sue and seek damages

from any party that infringes a patent while itis in force.


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What Is A Patent? (cont)

A monopoly granted by the government in

exchange for teaching others how to make

and use your invention.

Patents encourage innovation.

Protect the efforts of inventors.

Teach the public about your invention.

Offer a limited period of monopoly (20 Years) Must be the inventor


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What Is a Patent? (cont)

A patent gives you the right to exclude others

from making, using or selling your invention.

(The monopoly)

In short, a patent gives you the right to hire

yet another lawyer.


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Why Patent?

Your ego needs a boost.

You are selling your product, making money

and dont want someone to copy your

invention.

You want to license your invention to

someone else to manufacture it.

You want to establish that you invented it firstso no one else can claim it.


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Patentability Tests

What are the patentability tests?

I. Usefulness35 U.S.C. 101.

II. Novelty35 U.S.C. 102.

III. Non-Obviousness35 U.S.C. 103.


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Patentability Tests

I. Usefulness/Utility

Does the invention reallydoanythingand, if so,does it solve the problem

it is designed to solve?


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Patentability Tests

II. NoveltyNovelty and non-obviousness are

determined by comparing claimedinvention to the prior art:

Prior patents/publications

Prior public uses Prior commercial offers to sell


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Patentability Tests

II. Novelty

Is the claimed inventiondisclosed anywhere in the

prior art?


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Patentability Tests

III. Non-Obviousness

Even if new and novel,would the claimed invention

have been obvious to one

skilled in the art at the timeof the invention?


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You may forfeit your right to patent an

invention if there is a public disclosure of

your invention more than one (1) year prior to

filing a patent application.

Therefore, you should not do any of the

following without determining whether patentprotection should be sought for the

technology:

Do NotDo Any of the Following


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Display or discuss the invention at a

seminar, lecture, workshop, poster

presentation or trade show open to thepublic, or

Disclose the invention without a signedConfidentiality (or Non-Disclosure)

Agreement, or



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Disclose the invention on inventors orUniversitys web site, or

Submit an article to a journal for publication,or

Publish a manuscript, letter, note or chapterin format available to the public, or



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Offer for sale or sell the

invention, or

Distribute samples of the product

to customers or collaborator, or

Consumer or market test a new

product, or



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Distribute advertising brochures about theinvention, or

Demonstrate a prototype to a public group.


THE GOAL: to prevent unnecessary loss ofpatent rights due to premature use, sale orpublication of patentable technology.


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Please Do the Following:

Consult with the UniversitysTechnology Transfer Office beforeany public disclosure of the invention.

Stamp CONFIDENTIAL on everypage of the technical portion of any

grant proposal.

Use laboratory notebooks.


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Documenting Invention

Why? - important to prove date of inventioncorroboration in interference proceeding.

All experimental protocols and data should be

entered in a notebook. Notebook pages should be numbered and

bound.

All entries should be dated and witnessed bysomeone who understands entry but is not a co-inventor.


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Whats An Invention?

Conception

+Reduction to Practice =

Invention


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Whos An Inventor?

Inventorship cannot be determined until

the patent application claims are

drafted.

Inventor is one who contributes

significantly to either the conception or

reduction to practice. Co-author does not necessarily mean

co-inventor.


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Types of Patents

Utility Patent: Issued to protect new, usefuland non-obvious subject matter withinstatutorily-defined classes.

Plant Patent: Issued to those who discoverand asexually reproduce new varieties ofplants that are novel, distinct andnonobvious.

Design Patent: Issued to original, novel,nonobvious ornamental designs for articlesof manufacture - term is only 14 years fromdate of issue.


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Section 3 exclusions

Section 3(a)

Frivolous inventions

Inventions contrary to well established

natural laws

Examples Machine that gives more than 100%

performance Perpetual machine


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Section 3(b)Commercial exploitation or primary use ofinventions, which is

Contrary topublic order or

MoralityExamples Gambling machine,

Device for house-breaking ,


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Section 3(b)Commercial exploitation or primary use ofinventions , which

Causes serious Prejudice to

health or human, animal, plant life or

to the environment

Examples Biological warfare material or device,weapons of mass destruction

Terminator gene technology,

Embryonic stem cell


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Checks and Balances

Section 3(b)Excludes patents on GMOs exploitation of which could be

contrary public order or morality or prejudicialto human, animal or plant life or health or tothe environment

Effect : Only genetically modified micro-

organisms (GMOs) which do not fall undersection 3 (b) are patentable.


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Section 3 exclusionsSection 3 ( c ) Mere Discovery of a Scientific Principle or

formulation of an Abstract Theory or

discovery of any living thing or

discovery of nonliving substance occurring in natureExamples

Newtons Laws

Superconducting Phenomenon as such

Property of certain material to withstand

mechanical shockDiscovery of micro-organism

Discovery of natural gas or a mineral


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Checks and BalancesSection 3(c)Excludes patents on

Naturally occurring Micro-organisms

EffectGenetically modified microorganisms (GMOs) arehowever, patentable.


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Section3 (d)The mere discovery of a new form of aknown substance which does not result

in the enhancement of the known efficacy

of that substance


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Section 3 exclusionsSection3 (d)

Mere discovery of any new property ornew use for a known substance or ofthe mere use of a known process,

machine or apparatus, unless suchknown process results in a new productor employs at least one new reactant.

Examples New use of Aspirin for heart ailments, Mere new uses of Neem


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Section 3(e)Substance obtained by mere admixture resulting only in theaggregation of the properties of the components thereof or aprocess for producing such substance

Examples Combiflam [Paracetamol (Antipyretic) + Brufen (analgesic)]

Solution of sugar and color additives in water to form a softdrink

However,A mixture resulting into synergistic properties of mixtureof ingredients however, may be patentable - Soap,Detergents, lubricants etc


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Checks and Balances

Section 3 ( e )

Effect Substance obtained by mere admixture resulting

only in the aggregation of the properties of the

components thereof or a process for producing such substance

are not patentable

HoweverSynergistic formulations are patentable


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Section 3 ( f )

Mere arrangement or re-arrangement orduplication of known devices, eachfunctioning independently of one another

in a known way

ExamplesA Bucket fitted with torch, An Umbrella with fan A Clock and radio in a single cabinet A flour-mill provided with sieving


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Section 3(h)Method of Agriculture or Horticulture

ExamplesCultivation of algae ,

Producing new form of a known plant,

Preparation of an improved soilHowever,Agricultural Equipments are patentable



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Section 3(i)Any process for medicinal, surgical, curative, prophylactic,diagnostic, therapeutic or other treatment of human beings ora similar treatment of animals to render them free of diseaseor to increase their economic value or that of their products

Examples Removal of cancer tumor Removal of dental plaque and carries

Surgical processes

Processes relating to therapy

Method of vaccination, Blood transfusion


However,Treatment performed on tissues or fluids permanently removed from the bodySurgical,therapeutic or diagnostic Apparatus or instruments

are patentable


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Section 3(j) Plants & animals in whole

Parts of plants & animals

Seeds Varieties & species

Essentially biological processes

for propagation or production ofthe animals & plants


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Checks and BalancesSection 3(j)

Excludes patents on Plants and animals in whole or any parts thereof,

including seeds, varieties and species andessentially biological processes for production orpropagation of plants and animalsExamples Clones and new varieties of plants

A process for production of plants or animals if

it consists entirely of natural phenomena suchas crossing or selection

Essentially biological Process


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Section 3(k)* mathematical method or* business method or

* algorithms or

* computer programme per se

Examples Computer program by itself or as a record on a carrier

However New calculating machine combination of hardware and software

is patentable



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Section 3(l)A literary,dramatic, musical or artistic work or any otheraesthetic creation including cinematographic work andtelevision productions

These subject-matters fall under thecopyright protection



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Section 3(m)A mere scheme or rule or method of performing mental act ormethod of playing game

Examples

Scheme for learning a languageMethod for solving a crossword puzzle,Method of learning a languageMethod of teaching /learning

However,Novel apparatus for playing game or carrying

out a scheme is patentable



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Section 3 (n)Presentation of informationExamples Any manner or method of expressing

information whether by

spoken words

Visual display

symbolsdiagrams

Information recorded on a carrier



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Section 3 (o)

Topography of integrated circuits.

ExamplesMask works - circuits layout



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Section 3 (p)

Inventions which areTraditional Knowledge or an aggregation or duplication of knownproperties of traditionally known component or componentsExamplesTraditional Knowledge already in public domain

- Wound healing property of HaldiHowever,Any value-addition using Traditional Knowledge leading to anew process or product ,which is novel with inventive step and

industrial applicability,Extraction of Azadirachtin from Neem

can be patented



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Section 4Inventions falling within Section 20(1)of the Atomic Energy Act, 1962 are not

patentable

EffectInventions relating to compounds of Uranium, Beryllium, Thorium,

Plutonium, Radium, Graphite, Lithium and more as notified by Central

Govt. from time to time.

Non Patentable inventions


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PRIOR ART

Prior art is any body of knowledge relating to yourresearch that exist prior to the completion ofresearch or the filing of patent application.

Prior art is all information that has been disclosed to

the public in any form about an invention before agiven date. Prior art includes things like any patentsrelated to your invention, any published articlesabout your invention, and any publicdemonstrations. Prior art is all information that has

been disclosed to the public in any form about aninvention before a given date. Prior art includesthings like any patents related to your invention, anypublished articles about your invention, and anypublic demonstrations.


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