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. PATENT AND DESIGN
PROTECTION
By- Nishant Kewalramani
A Property of BananaIP

2. AGENDA
 Patentability Requirements
 Patent Process
 Design Requirements
 Design Process

3. PATENTABILITY REQUIREMENTS
INVENTIONS
Subject Matter
Usefulness (Utility)
Novelty
Non-obviousness/Inventive Step
Specification
PATENTS

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. PATENTABILITY REQUIREMENTS
 Patentable subject matter?
 A pencil box having a sharpener attached
 A new method of curing cancer

6. PATENTABILITY REQUIREMENTS
 Usefulness/ Utility
 Capable of being made or used in an industry
 Credible
 Current

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

8. PATENTABILITY REQUIREMENTS
+

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. 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. 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. PATENT PROCESS
 Filing
 Publication
 Examination
 Pre-Grant Opposition
 Grant
 Post-Grant Opposition

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. PATENT PROCESS-FILING
 Types of Application
 Domestic Application
 Convention Application
 International Application
 National Stage Application

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. PATENT PROCESS-PUBLICATION
 Notice to Public (18 months from the priority
date)
 Rights start from the date of publication
 Request for early publication

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. 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. PATENT PROCESS- GRANT
 3-4 years from the date of filing
 To be renewed every year after 2 years from the
grant date

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. DESIGN PROCESS
 Filing an application with photographs of the
product
 Examination
 Registration

22. THANK YOU
For further information contact
contact@bananaip.com and/or visit
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Web: www.bananaip.com