Patent: Patent Process- Dr. Kalyan C. Kankanala - BananaIP BananaIP Counsels, formerly Brain League IP Services, founded in 2004 at the Indian Institute of Management (IIM) Bangalore’s incubation center (NSRCEL), is recognized as an IP/Patent trailblazer in India. The firm’s mission is to help clients maximize business value from their Intellectual Property (IP)/Patents, and gain competitive advantage in the market place. In its evolution from Brain League, BananaIP carries forward the firm’s core values – Merger of Technology,Management and Law, Swift Adaptation to changes in competitive environment, and business driven approach to Intellectual Property (IP)/Patent Services. Contact Us for Intellectual Property Services BananaIP Counsels Regd Office No.40,3rd Main Road,JC Industrial Estate, Kanakapura Road,Bangalore – 560 062. Email: contact@bananaip.com Telephone: +91-80-26860414 /24/34

1. Indian Patent Process
By
Dr. Kalyan Kankanala
kalyan@bananaip.com
www.bananaip.com
BLOG: www.sinapseblog.com
Course Readings: www.onlineipcourses.com

2. Process
 Filing
 Publication
 Examination
 Opposition
 Grant

3. Filing
 Place
 Applications
 Provisional and Complete
 Applicant

4. Filing Strategy
 Time of filing
 Purpose of filing
 Subject matter of application
 Provisional Vs. Complete
Application
 Foreign/PCT application

5. Priorty Date
 Filing
 Foreign priorty
 PCT priorty

6. Publication
 Notice to public
 Date of publication
 Rights start

7. Examination
 Request for Examination
 First Examination Report
 Response to FERs
 Hearing

8. Grant
 Ready for grant
 Fee
 Grant
 Publish

9. Opposition
 Pregrant
 Post grant
 Grounds

10. Example
 Vini conceives an invention for communicating with animals. It is a
machine that can help pet owners control pet behaviour and prevent
unruly behaviour with guests. She has a clear idea on how to make
the machine but has not made a working model. Vini wants to file a
patent application and approaches you.
 She discloses the following details to you:
 a. She has scheduled a discussion with pet owners association in a
week for funding;
 b. If every thing goes well, she wishes to sell the invention in India,
USA and Europe; and
 c. She got the idea of the invention from her friend, who has five
dogs.
 Your Advise on filing strategy and approach?

11. Example
 Chanakya develops a software for performing political
analysis based on data collected from various media
sources. The software can predict behaviour of a
politician with respect to an issue based on past
performance. He files a patent application in USA on
14 September, 2011 and follows it up with an
application in Europe on January 3rd, 2012 with an
added component to capture languages other than
english. He than adds a Hindi module and files an
application in India on 14th March, 2012.
 Priority Date?

12. Example
 Chaitanya files a patent over an invention relating magnetic cup
holder. The invention consists of magnets attached to the cup and a
detachable holder to facilitate attachment. The holder can take
weight upto 1 KG.
 After reviewing the application, the patent office sends the FER,
which states in part as follows:
 "The invention is not patentable as it lacks novelty and inventive
step. The following patents disclose the invention:
 a. Patent 12345 - A detachable cup holder with a screw mechanism;
and
 b. Patent 98765 - A detachable tennis racket holder with adjustable
socket.
 Your Reaction and Response?

13.  Thank You.
 For further information:
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contact@bananaip.com
 Course Readings:
www.onlineipcourses.com