Patent

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Patent

  1. 1. INDIAN PATENT PRESENTED BY MANOJ KUMAR AMITY UNIVERSITY Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 1
  2. 2. CONTENT • INTRODUCTION • OBJECTIVE • CHARACTERISTICS OF PATENT • SOURCES OF PATENT INFORMATION • METHODS OF SEARCHING PATENT • NOT PATENTABLE MATTERS • PROCEDURE FOR OBTAINING PATENT • COPY RIGHT Click here to download this powerpoint template : White Floral Background Free Powerpoint Template • TRADEMARKS For more : Free Powerpoint Templates Page 2
  3. 3. INTRODUCTION • Patent is an exclusive right given by a country to the owner of an invention to make, use, manufacturing and market the invention. provided the invention satisfied. • Exclusive right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 3
  4. 4. • Patents are granted by a government for a novel invention for a limited period of time. The patent gives the inventor exclusive rights to the invention and prevents others from making, using or selling the invention without the permission of the inventor. • The law relating to patents in India is governed by Indian Patents Act, 1970 as amended by Patents (Amendment) Act, 1999 and Patents (Amendment) Act, 2002,which came into force with effect from May 2, 2003. In our discussion, we will refer to this act as the Indian Patents Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Act (IPA). Page 4
  5. 5. OBJECTIVE • To provide protection of creativity of creators. • To promotes the creativity of new creators. • To accelerate the technological and industrial development of the countries. • To provide the exclusive right to invention and affords protection against unauthorized use of invention by third parties. • Understand the meaning of specifications. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 5
  6. 6. CHARACTERISTICS OF PATENT 1- Invention must be “NEW”-Invention must never have been made public in anyway, anywhere before the date on which the application for a patent is filled. 2-An invention must involved an “Invention Steps”- The invention must be non-obvious to person skilled in that particular art, ie, it must not follow plainly or logically from what is already known. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 6
  7. 7. 3- Invention must be having “Industrial Application”- For the patentable , the invention has to be capable of industrial application. • It can be used in an industry. • It may include any useful , practical activity as district from purely intellectual or aesthetic activity. 4- Invention must not be excluded. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 7
  8. 8. NOT PATENTABLE MATTERS • An invention, whose use could be contrary to the public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment. For example, a new type of gambling machine. • Inventions relating to atomic energy because the Central Government has the sole responsibility for the development of atomic energy. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 8
  9. 9. • Discovery of any living thing or non-living substances or objects occurring in nature. • A substance obtained by a mere admixture of the components, or a process of producing such mixture. • Mere arrangement or rearrangement or duplication of known devices. • An invention which in effect is traditional knowledge. • A mathematical or business method or a computer programme. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 9
  10. 10. • A method of agriculture or horticulture. • Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings and animals. • Plants and animals in whole or part thereof other than micro-organisms. • Seeds and biological processes for production of plants and animals. • A literary dramatic, musical or artistic work including cinematographic work and television productions. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 10
  11. 11. PROCEDURE FOR OBTAINING PATENT Who can Apply for Patent? An application for a patent for an invention may be made by a person• Who claiming to be the true and first inventor of the invention or his assignee, • by the legal representative of any deceased person who immediately before his death was entitled to make such an application Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 11
  12. 12. FILLING OF AN APPLICATION FORM • There is only one application filed for one invention. • This must be done in a prescribed form along with the prescribed fees in the appropriate patent office. • It should be accompanied by a provisional or a complete specification Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 12
  13. 13. • If the application is filed by the assignee, it must be accompanied with the proof of the right to make the application. • the form of application for grant of an Indian patent asks for (i)full name, address, nationality of the applicant(s) and inventor(s), (ii) patent specifications, and (iii)whether an application has been made or patent granted in a PCT or Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 13
  14. 14. • a convention country, which affords to citizens of India, or applicants for patents in India. • Every such application (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) shall be accompanied by a provisional or a complete specification. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 14
  15. 15. Filing of Provisional and Complete Specification• A specification is an accurate description of the patent stating how the invention can be carried out by the method best known to the applicant. The specification ends with a claim or claims defining the scope of the invention for which protection is claimed. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 15
  16. 16. • Every application must be accompanied by a provisional or a complete specification. • It is possible to file the application with provisional specifications. But it is necessary to file the complete specifications within one year of filing the original patent application. • The twelve months limit can be extended to 15 months if an application is made to the Controller with such request and the prescribed fee is paid. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 16
  17. 17. The specification must contain the following:• Title, sufficiently indicating the subject-matter. • Relevant drawings. • Full and particular description of the invention. • Details of its operation or use and the method by which it is to be performed. • Disclosure of the best method of performing the invention. • Claims defining the scope of the invention substantiated by the disclosure. • Abstract providing technical information on the invention. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates • Declaration as to the inventor ship of the invention. Page 17
  18. 18. Publication of the Application• Normally every patent application is published after 18 months of filing the application and objections are invited. • The patent application shall not be open to the public for eighteen months after the date of filing, or date of priority, whichever is earlier. • The Controller may issue direction to prohibit or restrict such publication. • In the case of secrecy direction, the application will be published when the secrecy directions cease to operate. • The publication will include the particulars of the date Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For of application, number of application, name and more : Free Powerpoint Templates address of the applicant and an abstract. Page 18
  19. 19. Examination of the Application• Examination is taken up only if the applicant or any other interested person makes a request in the prescribed manner for such examination within 48 months from the date of filing of the patent application. • If such request is not made within the prescribed time, the patent application is treated as withdrawn. • When the patent application is in respect of an invention for a chemical substance used as an intermediate in the preparation of a medicine or drug including insecticides etc used for protection or preservation of plants, the request for examination has to be made within a period of 12 months. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template more : Free Powerpoint months from the date of the application, •Foror within 48Templates whichever is later. Page 19
  20. 20. Acceptance and Advertisement of Complete Specifications• Once the complete specification is accepted, Controller notifies it to the applicant and also advertises it in the Official Gazette. • From the date of advertisement of the acceptance of the complete specification and until the date of sealing of the patent, the applicant will have the like privileges and rights as if a patent for the invention had been sealed on the date of advertisement. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 20
  21. 21. Opposition to the Grant of Patent• Any person interested in opposing the grant of patent may give notice to the Controller of such opposition within 4 months from the date of advertisement of the acceptance on the grounds like:1. the invention was wrongfully obtained by the inventor/applicant. 2. the invention, as claimed in any claim of the complete specification has been anticipated in a specification filed for another patent earlier. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 21
  22. 22. 3- The invention as claimed in any claim was publicly known/used in India before the priority date of the claim. 4- The subject of the patent is not an invention, within the meaning of the Act. 5- The information furnished is false. 6- Geographical origin of biological material is not disclosed or falsely disclosed. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 22
  23. 23. Grant and Sealing of Patent• Where the application for a patent along with complete specification has been accepted either without opposition. • after the opposition, a patent shall be granted if the applicant makes a request in the prescribed manner for a grant of patent. • The request has to be made within six months from the date of advertisement of the acceptance of the complete specification. • The patent so granted shall be sealed with the seal of the patent office and the date of Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For sealing of patent shall be entered in the more : Free Powerpoint Templates register. Page 23
  24. 24. TRANSFER OF PATENT • A patent is an exclusive property of the inventor and hence can be transferred from the original patentee to any other person by assignment, grant of license, or operation of law. • The IPA requires that an assignment, license or a creation of any other interest in a patent must be in writing, clearly specifying all the terms and conditions governing the rights and obligations of the parties. • This document must be registered in the prescribed manner within the prescribed time. here download this •Clickmore : to person powerpoint template : White Floral Background Freein a patent has to TheFree Powerpoint Templates such entitlement Powerpoint Template getting For apply in writing to the Controller for the registration Page 24
  25. 25. Flow diagram of patent Filling of application form Filing of complete specifications, if not done already (within 12 months of application) Publication of application (after 18 months from application date) Click here to download this powerpoint template : Examination of application on request White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Count…… Page 25
  26. 26. Acceptance and advertisement of complete specifications Y Opposition N Scrutiny Y Grant N Grant and sealing Click here to download this powerpoint template : White Floral Background Free Powerpoint Template of patent For more : Free Powerpoint Templates Reject Page 26
  27. 27. SOURCES OF PATENT INFORMATION • The patent information provide the vital resources of information to companies and research institutes across the world. USE OF PATENT INORMATION• Current awareness-Source of patent information provide the up-dated information. • Avoiding duplication effort and infringement-Searching worldwide patents literature should always be done at the start of any download effort to avoids wasteful Click here toR&Dthis powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 27
  28. 28. And costly duplication. • Licensing opportunity-Even if an invention is still protected by an patent ,it may be possible to negotiate a license for its manufacture or importation. • Inspiration-It developed the new ideas, particularly as it often possible to find the same concept being used in unrelated industries. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 28
  29. 29. SOURCE OF PATENT INFORMATION • Patent information is made available to the public through a variety of databases. Each databases has complete coverage of all patent document ever published worldwide. • WIPO- Offer free online access to all international patents. (www.wipo.int.) • Patent Search Services(http://patent scope.wipo.int) • Google patents • SciFinder Scholar •Click here to download this powerpoint template : White Floral Background Free Powerpoint Template Patent Offices For more : Free Powerpoint Templates • British Library Page 29
  30. 30. Method of search of patent information• The effective searching of patent document and other source of technology information requires a solid knowledge of the technical field. The following search criteria are use for the searching the information by using--1. Key words 2. Patent classification 3. Dates (priority date, application date, publication date, grant date.) 4- Name of applicant 5-Patent reference or identification no.(application Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates no. ,publication no. , patent no.) Page 30
  31. 31. COPYRIGHTS • Copyrights is a right which is available for creating an original literary or dramatic or musical or artistic work. • Cinematographic film and recording on disc , tapes, or other devices are covered by copyrights. • Computer programmed and software are covered under literary works and protected in India under copyrights. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 31
  32. 32. • The copyright act-1957 as amended in 1986,1984,1992,1994 and 1999,govern the copyright protection in india. • The protection for literary works is from the author’s life plus sixty years. Coverage area of copyrights• Literary, dramatic and musical work, computer programmed ,software . • Artistic work • Cinematographic films which include sound track and video film Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates • Recording on any disc, tape. Page 32
  33. 33. Transfer of copyrights • The owner of copyrights may assign to any person as prospective owner in a future work. Either wholly or partially in following manner---1. For the entire world or a specific country 2. For the full term of copyright or part. 3. For relative to all the rights compromised the copyright or only part of such right. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 33
  34. 34. TRADEMARKS • Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark. • Such signs, in particular words including personal names, letters, numerals, figurative elements and combinations of colours as well as any combination of such signs, shall be eligible for registration as trademarks. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 34
  35. 35. Signs which May Serve as Trademarks • Words:- This category includes company names, surnames, forenames, geographical names and any other words or sets of words, whether invented or not, and slogans. • Letters and Numerals:- Examples are one or more letters, one or more numerals or any combination thereof. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 35
  36. 36. • Devices:- This category includes fancy devices, drawings and symbols and also two dimensional representations of goods or containers. • Combinations of any of those listed above, including logotypes and labels. • Colored Marks:- This category includes words, devices and any combinations thereof in color, as well as color combinations and color as such. • Three-Dimensional Signs:- A typical category of three-dimensional signs is the shape of the goods or their packaging. However, other threeClickdimensional signs such as the three-pointed here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Mercedes star can serve as a trademark. Page 36
  37. 37. • Audible Signs (Sound Marks):- Two typical categories of sound marks can be distinguished, namely those that can be transcribed in musical notes or other symbols and others (e.g. the cry of an animal). • Olfactory Marks (Smell Marks):- Imagine that a company sells its goods (e.g. writing paper) with a certain fragrance and the consumer becomes accustomed to recognizing the goods by their smell. • Other (Invisible) Signs:- Examples of these are signs recognized by touch Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 37
  38. 38. Trademark Registration • Applications for registration of a trademark are to be filed with the competent government authority. • The authority is called as “Industrial Property Office” or “Patent and Trademark Office” or “Trademark Office.” • The application form has to be completed with the name and address of the applicant. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 38
  39. 39. • The sign filed for registration must appear in the application form or in an annex to it. If it is intended that the sign should be registered in color, the colors must be claimed and a specimen in color or the description of the color(s) must be submitted. • If a three-dimensional sign is filed for registration, it is necessary to claim protection of the sign in its three-dimensional form. • The applicant has also to list the goods for which the sign is to be registered. • Finally, one or more lots of fees have to be Click here to download this powerpoint template : White Floral Background Free Powerpoint Template paid for the registration of a trademark. For more : Free Powerpoint Templates Page 39
  40. 40. • A country may provide for a single, allembracing fee or several (application fee, class fee, examination fee, registration fee, etc.). Examination as to Form• Countries generally accept an application for registration of a trademark only if the formal requirements are fulfilled. • Most countries examine trademark applications as to substance in the interest of both the public and competitors. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 40
  41. 41. Date of Registration • If the application leads to registration, the office issues a certificate to the owner. The owner’s exclusive right exists from the date of registration. Duration and Renewal• Since trademarks do not grant an exclusive right that could be exploited, there is no need to limit their validity. • For administrative reasons, a time limit is generally provided for in trademark laws, but Clickit is download this powerpoint template : White Floral Background Free Powerpoint Template here to possible to renew registrations when the For more : Free Powerpoint Templates time limit expires. Page 41
  42. 42. Removal of the Trademark from the Register• The cancellation of a trademark registration is a serious matter for its owner, as it leads to a loss of his rights under the registration. • Nevertheless, there are a number of grounds on which a trademark can be removed from the register. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 42
  43. 43. Click here to download this powerpoint template : White Floral Background Free Powerpoint Template For more : Free Powerpoint Templates Page 43

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