Patent & Design Protection


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Patent & Design Protection

  1. 1. PATENT AND DESIGN PROTECTION By- Nishant Kewalramani A Property of BananaIP
  2. 2. AGENDA  Patentability Requirements  Patent Process  Design Requirements  Design Process
  3. 3. PATENTABILITY REQUIREMENTS INVENTIONS Subject Matter Usefulness (Utility) Novelty Non-obviousness/Inventive Step Specification PATENTS
  4. 4. PATENTABILITY REQUIREMENTS  Patentable Subject matter  Product and process  Some Exclusions (Non- Patentable subject matter)  Frivolous inventions  Inventions prejudicial to life or environment  Mere arrangement or rearrangement of devices  Mere Combination of two known devices  Traditional Knowledge (for more information on non-patentable subject matter, please refer to section 3 of Indian patent act)
  5. 5. PATENTABILITY REQUIREMENTS  Patentable subject matter?  A pencil box having a sharpener attached  A new method of curing cancer
  6. 6. PATENTABILITY REQUIREMENTS  Usefulness/ Utility  Capable of being made or used in an industry  Credible  Current
  7. 7. PATENTABILITY REQUIREMENTS  Novelty an aspect that does not form a part of the prior art reference(prior publication, prior public knowledge or use, public display and so on) - all elements MUST be present in one single reference
  9. 9. PATENTABILITY REQUIREMENTS  Non-Obviousness/Inventive step  Invention should involve technical advance or economic significance or both; and  The invention should not be obvious to a person having ordinary skill in the art. All elements of the invention may be present in one or more references
  10. 10. VEHICLE CONTROL PEDAL A- Support mounted to a vehicle B- Adjustable pedal assembly C- A pivot point for pivotally supporting the pedal assembly D- Position Sensor- Electronic Control E- Electronic Sensor not to be placed on a moving point as moving may result in quicker wear and tear of the wiring Electronic sensor was attached to fixed pivot point.
  11. 11. PATENTABILITY REQUIREMENTS  Specification  A techno-legal document  Provide complete information (manner of making and using) about the invention  Disclose the best method of performing the invention  Must end with a claim or claims defining the scope of protection
  12. 12. PATENT PROCESS  Filing  Publication  Examination  Pre-Grant Opposition  Grant  Post-Grant Opposition
  13. 13. PATENT PROCESS- FILING  Patent Application  Form of Application  Provisional Application (Provisional Specification + Filing documents)  Non Provisional/Complete Application (Complete specification + Filing documents)  Priority Date- filing date of the first application in a chain of applications
  14. 14. PATENT PROCESS-FILING  Types of Application  Domestic Application  Convention Application  International Application  National Stage Application
  15. 15. PATENT PROCESS-FILING • Patent Offices • Mumbai Patent Office- States of Maharashtra, Gujarat, MadhyaPradesh, Goa, Chattisgarh, Diu Daman, Dadra and Nagar Haveli • Chennai Patent Office- States of Andhra Pradesh, Karnataka, Tamil Nadu, Pondicherry and Lakshadweep • Delhi Patent Office- States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi, Chandigarh • Kolkata Patent Office- Rest of India
  16. 16. PATENT PROCESS-PUBLICATION  Notice to Public (18 months from the priority date)  Rights start from the date of publication  Request for early publication
  17. 17. PATENT PROCESS-EXAMINATION • Proper request must be filed – By the Applicant – By the interested person (person engaged in or in promoting, research in the field of the invention) • Time limit- 48 months from priority date • Formality check • Prior Art search and analysis by the Examiner
  18. 18. PATENT PROCESS-EXAMINATION  First Examination report from the Examiner within 6 months from the date of request  Response from the Applicant within 12 months
  19. 19. PATENT PROCESS- GRANT  3-4 years from the date of filing  To be renewed every year after 2 years from the grant date
  20. 20. DESIGN REQUIREMENTS A design may include  Shape  Configuration  Pattern  Artistic Aspect Must be Original – independently created by the person claiming the protection; and Distinct- significantly distinguishable from known designs
  21. 21. DESIGN PROCESS  Filing an application with photographs of the product  Examination  Registration
  22. 22. THANK YOU For further information contact and/or visit Blog: Web: