Intellectual Property Rights : Patenting

1. Intellectual Property Rights
(IPR) - PATENT
Jyotismita Saikia.
University Of Mysore

2. CONTENTS
• What is patent
• Types of patent
• What can or can not be patented ?
• Patent administration in India
Steps of patenting
• Steps of patenting
• Advantages
• Disadvantages
• Limitations.
• Summary
• References.

3. WHAT IS PATENT
 A Patent is an intellectual property right relating to inventions and is the
grant of exclusive right, for limited period, provided by the Government to
the patentee, in exchange of full disclosure of his invention, for excluding
others, from making, using, selling, importing the patented product or
process producing that product for those purposes.
 The word patent originates from the Latin patere, which means "to lay
open" .
 In India, patents are governed by the Patents Act, 1970 and Patent Rules,
2003. Patents are issued for 20 years and are applicable only within the
prescribed geographical limits.

4. TYPES OF PATENT
Utility patents
PATENT
Utility patents
Design patents
Plant patents
Reissue patents

5. WHAT CAN BE PATENTED?
Any invention which must be
 Novel
 Non-obvious
 Non-obvious
 Capable of industrial application
 Must not be declared as non-patentable under the
patent act.

6. WHAT CAN NOT BE PATENTED?
 Anything against universal law.
 Business schemes.
 Mathematical methods.
 Any artistic creation.
 Inventions that intend to cause disruptions to public order, challenge
moral grounds, and cause harm to all living beings.
 The mere arrangement, rearrangement, mixing, or duplication
of substances.
 Nuclear energy inventions.

7. PATENT ADMINISTRATIONS IN INDIA
 A patent application can be filed at any of the
four patent offices in India. Four branches are
Kolkata (head office)
 Kolkata (head office)
 Mumbai
 Delhi
 Chennai.

8. WHO CAN FILE PATENT APPLICATION IN INDIA ?
 By any person claiming to be true and first
inventor(s).
 By any person being the assignee of person
 By any person being the assignee of person
claiming to be true and first inventor(s).
 By the legal representative of any deceased person
who can immediately after his death is entitled to
make such application.

9. The patent application passes through
the following stages
a. Filing
a. Filing
b. Publication
c. Examination
d. Opposition
e. Grant.

10. 1. FILLING
 Application for patent can be filed only on the payment of
full fee.
 Filing fee is charged on the basis of number of pages and
number of claims made in the patent document.
 No extra fee is charged up to 30 pages and 10 claims. Power
of attorney-if applicable.
 Application, Specification and other documents should be
either in Hindi or English language.
 If application discloses sequence listing of nucleotides
and/or amino acids, it should be filed in electronic form.

11. Requirements for documents
 All documents & copies of document, except affidavits &
drawings sent to the patent office or otherwise furnished to
the Controller shall be written or printed in English
language (unless otherwise directed or allowed by the
language (unless otherwise directed or allowed by the
controller) in legible character size, with lines widely spaced
upon one side only on strong white paper.
 The size of paper should be A4 size with a margin of 4cm on
the top and 3cm on the bottom and right hand part thereof.

12. 2. PUBLICATION OF PATENT APPLICATION
 Every application shall be published after expiry of 18 months
from the date of filing or date of priority of the application
except the following,
 – Application in which secrecy direction is imposed or
 – Application in which secrecy direction is imposed or
 – Has been withdrawn before 3 months prior to expiry of 18
months.
 However the applicant can make request for early publication
prior to 18 months on form 9 with prescribed fee of Rs.2500 or
Rs.10000 by individual or legal entity respectively.

13. 3. EXAMINATION
 Early request for examination: No application for
patent will be examined if no request is made by the
applicant or by any other interested person in Form-
applicant or by any other interested person in Form-
18 with prescribed fee of Rs.2,500/- or Rs.10,000/- for
natural person, within a period of 48 months from the
date of priority of the application or from the date of
filing of the application.

14. Contd...
First Examination Report (FER) stating the
objections/requirements is communicated to the applicant
according to the address for service ordinarily within six (06)
months from the date of request for examination or date of
months from the date of request for examination or date of
publication whichever is later. Application or complete
specification should be amended in order to meet the
objections/requirements within a period of 12 months from
the date of First Examination Report (FER).

15. 4. WITHDWAL
The application for patent can be withdrawn at
least three months before the first publication.
The application withdrawn after the date of
The application withdrawn after the date of
publication cannot be refilled as it is already laid
open for public inspection.

16. 5. GRANT
A patent will be granted to the applicant if –
 The applicant has complied with the objections within the
prescribed time.
 No pre-grant opposition by representation is filed.
 If filed, disposed of in favour of the applicant within the prescribed
time.
Patent will be granted and sealed with seal of office and notified in
the official journal. The patent is granted, after 6 months from the
date of publication under section 11 A. Term of every patent will be
20 years from the date of filing of patent application. Date of patent
is the date on which the application for patent is filed.

19. USES OF PATENT INFORMATION
The main user groups of patent information are
 Small and medium-size enterprises;
 Research and development institutions;
Governmental authorities;
 Governmental authorities;
 Individual inventors;
 Professionals in the field of patents, administrators of
technical libraries, patent agents, researchers,
producers of data banks; Educational institutions and
university students.

20. ADVANTAGES OF PATENTS
 A patent gives one the right to stop others from copying,
manufacturing, selling or importing your invention without your
permission.
 One can get protection for a pre-determined period, allowing you to
keep competitors at bay. One can then use invention yourself.
 Alternatively, one can license patent for others to use it or can sell
it. This can provide an important source of revenue for business.

22. DISADVANTAGES OF PATENTS
 Patent application means making certain technical information
about your invention publicly available.
 Applying for a patent can be a very time-consuming and lengthy
process (3-4 yrs) - markets may change or technology may overtake
your invention by the time you get a patent.
your invention by the time you get a patent.
 Cost – it is expensive.
 One need to remember to pay annual fee or your patent will lapse.
 One needs to be prepared to defend your patent. Taking action
against an infringer can be very expensive. On the other hand, a
patent can act as a deterrent, making defence unnecessary.

23. LIMITATIONS OF PATENTS
Cost
Time
Loss of information
Exploitation of invention by inventor.
Infrigerers.

25. SUMMARY
 A patent is an exclusive right granted for an invention, which is
a product or a process that provides, in general, a new way of
doing something, or offers a new technical solution to a problem.
 Patents are of Four types : utility patent, design patent, plant
patent and reissue patents.
patent and reissue patents.
 Any invention which must be novel, non-obvious, capable of
industrial application etc can be patented.
 Anything against universal law, business schemes,
mathematical methods and any artistic creation can not be
patented.

26. Stages of patenting
a. Filing
b. Publication
c. Examination
d. Opposition
e. Grant.
 The main user groups of patent information are-- small and
 The main user groups of patent information are-- small and
medium-size enterprises; research and development
institutions; governmental authorities etc..
 Patent registration is a great way to protect own invention
for at least time period of 20 years. It is quite costly but has
great benefits like intellectual property rights, legal
protection, asset creation and many more.

27. REFERENCES
 www.indianpatents.org.in
 www.tifac.org.in
 www.elsevier.com
 Philip W. Grubb “Patent for Chemicals,
Pharmaceuticals and Biotechnology” Oxford
University Press, 4th edition.

28. THANK YOU .
THANK YOU .