Patent registration in india

Patent Registration By, Parth Purohit Jinali Mehta

Flow of Presentation
What is IP ?
Methods of IP
What is Patent ?
Patentable Inventions
Procedure of Patenting
Benefits
Different Strategies
How to Deal With Competitors ?
Damages For Infringement
Example of Patent

What is Intellectual Property (IP)…
Intellectual Property (IP) is a group of legal rights that provides protection over things people create or invent.

Methods of Protecting IP…
Contracts
Copyrights
Trademarks
Trade Secrets
Patents

What is a Patent?
Monopoly
Granted by government authority
Limited exclusive privilege that the law allows a patentee in his own invention
Patent is tool of developing nation

Purpose Of Patents
Patents provide library of organized technical
information that others may learn from and
improve upon
Patent system encourages publication of new scientific and engineering work which can be used to inspire, educate, or inform others to make improvements or new developments

Purpose Of Patents Cont’d
Patent excludes others from making , using or selling your invention
Your patent may not allow you to practice the invention defined therein
No guarantee of Freedom to Operate

Patents- Examples

Patentable Inventions
A patent can be granted for an invention which may be related to any process or product. The word “Invention “ has been defined under the Patents Act 1970 as amended from time to time.
“ An invention means a new product or process involving an inventive step and capable of industrial application”
New invention” is defined as any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e. the subject matter has not fallen in public domain or that it does not form part of the state of the art;

Protects implementation of technical ideas
Article of Manufacture (e.g., light bulb)
System (e.g., cell phone)
Process (e.g., process of making or using)
Microwaving Food (Spencer)
Search engine (Google)
1-click purchase (Amazon)
Types of Patents
Utility Patent
Design Patent
Plant Patent
Patents…

Patents- Time to get
18 months to 5 years from filing of application.
length varies by technology
- software patents – up to 5 years
Claims may never issue.

Procedure For Registration
Filing of application – Who can make?
Filing of complete specification after the
provisional specification
Preliminary scrutiny of the documents
Publication of application after 18 months
Early publication on specific request
Examination
Opposition to the application
Pre-grant and post-grant opposition
Grant and sealing of patent
Submission of typed copy of specification
Publication in the official journal

Patent Procedure

Patents…
Relatively expensive to obtain
Initial filing ~$8,000 - $12,000
Prosecution ~ $10,000+
Limited term of protection
20 years from filing
once it dies, it’s dead
Commercial Benefits
Exclusivity
Monopoly Pricing
Licensing

Patents- Duration
20 years from filing
once it dies, it’s dead
but:
continuation-in-part applications

Selecting what to Patent?
Business Value:
What is the likely value of the technology?
Will exclusivity provide a competitive advantage?
Does the technology align with your commercial products?
Legal Strength:
What is the novelty over prior art?
Business Methods?
Exclusivity:
Will competitors have viable design-around options?
Can infringement be detected?

Patent Strategy - Benefits from Patents
Monopoly Pricing
Increase profit margins through exclusionary power
Extra Income
Generate income through licensing activities
Access to Technology
Cross-license to access other technologies
Business Asset
Can be used to assist in securing funding or obtaining
desired exit valuations
Marketing Tool
Chilling effect on competition
Demonstrated expertise in a particular field

Patent Strategies
Aggressive/Licensing strategy
Patent everything
Expensive up front, but ensures that you cover
everything and eventually provides a revenue stream.
Blocking strategy
Patent technologies your competitors might use
Moderate costs but provides essential protection and cross-licensing opportunities if you can identify the key technologies.
Defensive strategy
Only patent key technologies
Lower initial costs, but you risk missing key technologies.

Dealing with a Competitor’s Patents
The right to Exclude
A patent gives the owner the right to exclude others…
… but a patent does not grant any affirmative rights
Blocking Patent
Someone else might have a dominant patent
Freedom to Operate
Knowledge of potentially problematic patents may give rise to an affirmative duty to determine whether or not your product infringes
Legal opinion-of-counsel

Damages for Infringement
Injunction
Lost Profits
Reasonable Royalty
Cost of Litigation
- $2M+ if case goes to trial

Example: Apple

Patented Technology…
Apple holds over 7,000 patents
Data Processing Technology Computer Test Technology Computer Input Technology Programming or Control Technology Control of Peripheral Devices Technology

Patented Technology…
Apple has >200 Patents related to Multi-Touch Technology
Input Technology Visual Indicators Technology

Patent registration in india

by Parth Purohit on Sep 25, 2010

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