Types of patent

1. PREPARED BY:
DEVIPRIYA P V
M PHARM
DEPT OF PHARMACEUTICAL ANALYSIS

2. PATENT
 A patent is a document, issued, upon
application, by a government office which
describes an invention and creates a legal
situation in which the patented invention can
normally only be exploited (manufactured,
used, sold, imported)with the authorization of
the owner of the patent.
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3. TYPES OF PATENT
APPLICATION
 Application with Provisional Specification
 Ordinary Application
 Application with Complete Specification
 Convention Application (Paris convention)
 Patent of Addition Application
 Divisional Application
 PCT International Phase Application
 PCT National Phase Application
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4. PROVISIONAL APPLICATION
 When the applicant finds that his invention has
reached a stage wherein it can be disclosed
on paper, but has not attained the final stage,
he may prepare a disclosure of the invention in
the form of a written description and submit it
to Patent Office as a Provisional Specification
which describes the invention.
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5. Application Accompanying a
Provisional Specification
 Provisional Specification secures Priority Date
• Patent office accords a Filing Date and
Application Number to such applications
• Deemed to be abandoned if no complete
specification is filed within twelve months from
the date of filing of the provisional specification
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6.  If Two Provisional specifications filed by an
applicant are cognate or if one is a modification of
the other, applicant may file one complete
specification within twelve months from the date of
first filing
 The applicant may convert complete specification
in provisional application (not in case of convention
PCT National Phase Application) within 12 months
from the filing of a complete specification but
applicant has to file Complete Specification within
twelve months from the date of first filing
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7. NON-PROVISIONAL
APPLICATION
 The Complete Specification is a techno-legal
document which fully and particularly
describes the invention and discloses the best
method of performing the invention.
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8. PARIS CONVENTION
 Paris Convention: having filed the first patent
application in a Paris Convention country (one
of the Member States of the Paris Convention
for the Protection of Industrial Property), file
separate patent applications in other Paris
Convention countries within 12 months from
the filing date of that first patent application,
with the benefit of claiming the filing date of the
first application in all other countries
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9. PATENT COOPERATION
TREATY
 The PCT is an international treaty,
administered by the World Intellectual Property
Organization (WIPO), between more than 140
Paris Convention member countries.
 The PCT makes it possible to seek patent
protection for an invention simultaneously in a
large number of countries by filing a single
“international” patent application instead of
filing several separate national or regional
patent applications.
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10. ADVANTAGES OF PCT FILING
 A single application in a single language filed in
a single country called the international
application.
 This single application has the effect of filing
simultaneously in different countries
(designated countries)
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11. STEPS IN PCT FILING
 Filing of international application in a Receiving
Office(RO)
 International Search by an International
Searching Authority(ISA)
 International Preliminary Examination by an
International Preliminary Examining Authority
(IPEA)
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12. INTERNATIONAL PATENTING
 A Request (Form PCT/RO/101) accompanied by
description, claims, abstract (and drawings if
required) of the invention in English or Hindi.
 The international application to be filed in
triplicate.
 Fees payable:
(1)Transmittal fee
(2)International Filing Fee
(3)Search fee
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13. Home, Record and Search copies
 RO keeps one copy of international application
for record named ‘Home Copy’.
 RO sends one copy of international application to
International Bureau (IB) of WIPO named
‘Record Copy’.
 RO sends one copy of international application to
the International Searching Authority (ISA)
named the ‘Search Copy’.
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14. International Search
 ISA establishes International Search Report
(ISR) which identifies the published patent
documents and technical literature which may
have an influence on whether the invention is
patentable.
 ISA also establishes Written Opinion of Search
Authority (WOSA) on the invention’s potential
patentability
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15.  The international application along with
International Search Report is published by WIPO
after expiry of 18 months from the priority date of
the application.
 After establishment of ISR/WOSA and publication
by WIPO, the applicant may opt for International
Preliminary Examination(IPE).
 IPEA establishes International Preliminary Report
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 Fees payable:
(1)Preliminary Examination fee
(2)Handling fee (221 USD)

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18. PATENTEE
 Patentee is a person for the time being
entered in the register of patents as the
grantee or proprietor of patent.
 The one to whom patent has been granted.
 Patentee is entitled to deal with his such
property in the same manner as the owner of
any other movable property deals with his
property.
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19. RIGHTS OF A PATENTEE
 Patentee has been enshrined with following
rights :
 Where the patent is for a product, the
exclusive right to prevent third parties, who
do not have his consent, from act of making,
using, offering for sale, selling or importing for
those purposes that product in India.
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20.  Where the subject matter of patent is a
process, the exclusive right to prevent third
parties, who do not have his consent, from
the act of using that process, and from the
act of using, offering for sale, selling or
importing for those purposes the product
obtained directly by that process in India.
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21.  The rights conferred under the Act are:
 To exploit the patent.
 To license the patent to another (sec.70).
 To assign the patent to another (sec.70).
 To surrender the patent to another(sec.63).
 To sue for the infringement of the patent.
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22.  The Act provides certain limitations on the
exercise of rights. They are:
 Government use of patent.
 Compulsory licenses.
 Use of inventions for defense purposes.
 Revocation for non working of patents.
 Restored patents.
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23. MAINTAINING A PATENT
 RENEWAL
• To keep a patent in force, the renewal fees
shall be payable at the expiration of the
second year from the date of the patent or of
any succeeding year and the same shall be
remitted to the patent office before the
expiration of the second or the succeeding
year.
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24. PATENT INFRINGEMENT
 Patent infringement is the commission of a
prohibited act with respect to a patented
invention without permission from the patent
holder.
 It occurs when someone violates the patent
rights an inventor has in his invention by
making, using or selling the invention without
the patent owner’s permission (or if the patent
has been licensed), in a way not permitted by
the license
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25. TRANSFER
TECHNOLOGY(TOT)
 Technology transfer is a broad set of
processes, covering the transfer of technology,
together with the know-how, experience and
equipment in order to effectively implement/
use/ diffuse the technology in the recipient
economies.
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26.  The developing countries perceive the
following specific problems in regard to TOT:
(i) Intellectual property rights (IPRs) prohibit
access to new technologies by enabling firms
that own patented technologies to keep prices
prohibitively high.
(ii) IPR monopolist often refuses to sell/ license
such technology fearing competition from low
cost manufacturing in developing countries.
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27. (iii) Financial advantages that accrue to
technological first movers encourage them to
enter into “strategic alliances” even with
potential competitors to share market and
prevent/ impede TOT to developing countries.
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